I. INTRODUCTION - The Services
This website (or other service) is operated by Forceful Enterprises (“Full Force” or “we”). These Terms of Service (“TOS”) govern each user’s access to and use of this site services provided by Full Force (the “Services”), whether accessed through the World Wide Web or any other medium or device now known or hereafter invented. The Services may include any one or more of the following: accessing, viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; Mobile Services (described below); online Lives (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on theFull Force site or other service.
The serviceson the site may also include certain services that are available via your mobile phone, including, but not limited to, (i) the ability to upload content to the services via your mobile phone, (ii) the ability to receive and send messages, and (iii) the ability to browse the services from your mobile phone (collectively, the “Mobile Services”). Whether or not Full Force charges for some or all of these Mobile Services, your mobile telephone carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us.
In order to use the services on this site, you must be at least 13 years of age. If you are under 13-years-old, you may not use the services and you are instructed to leave this website or other service. If you are between the ages of 13 through 17 years, you may use the services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing services while not under the supervision and/or without the written consent of your parent or legal guardian.
LEGAL AGREEMENT (Visitors &Registered Users)
These Terms of Service (“TOS”) constitute a legal agreement between the user of the site and services (“you”) and Full Force. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the site and services. By using the site and services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse the site) or a “Registered User” (which means that you have registered as a user of the site and itsservices). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.
MODIFICATION OF THESE TERMS OF SERVICE
Full Force may wish to update or change this TOS from time to time to reflect changes in the services provided, changes in the laws affecting the services provided, changes in Full Force’s policies, or for other reasons. When we do, Full Force will endeavor to provide notice to users in one or more of the following ways: (1) Full Force will update the “last updated” date at the bottom of this TOS; (2) Full Force may post notice of the update on the website or other service; and/or (3) Full Force may email notice of the update to the Registered Users. You understand that Full Force reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other service. Continued access to or use of the services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the services shall be subject to this TOS, as modified from time to time.
II. E-COMMERCE & PURCHASING TERMS - PURCHASING TERMS: MERCHANDISE
PRICING & PAYMENTS
All prices are in US Dollars. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable site). Prices are subject to change from time to time in Full Force’s sole discretion.
All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.
SHIPPING & HANDLING
Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days. Orders that contain one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on US holidays.
Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Full Force is not responsible for non-receipt of orders that have been deemed delivered. Full Force is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.
Domestic Shipping (Inside the US)
Our domestic carriers are USPS and FedEx. If FedEx is being used, the “ship to” address may not be a P.O. Box or your order will be considered an “Undeliverable Package” (see the Undeliverable Packages section below). The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days. The typical delivery timeframe for FedEx depends on the service selected. If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship. Shipping charges are determined by the number, weight and type of items ordered, and by the shipping carrier and service selected. We do not ship COD.
International Shipping (Outside the US)
The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6). If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship. In any event, we are not obligated to reship unless a trackable method of shipping was chosen. We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Full Force, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.
REFUNDS, RETURNS & EXCHANGES
There are no refunds, returns, or exchanges. All sales are final except only in the case of a manufacturer's defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).
Full Force will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Full Force (see the Undeliverable Packages section below for details). Full Force will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.
If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).
If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Full Force to:• Hold your entire order until the item or items that are out of stock are re-stocked; OR • Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Full Force); OR • Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; or • Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax).
Full Force will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.
If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Customer Service to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.
If for any reason your order is classified as undeliverable and returned to Full Force you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Full Force will not re-ship any order that is classified as undeliverable and returned to us.
STATE SALES TAX
In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pre-tax total, including shipping and handling (where required) and gift wrap (where required and if applicable).
Our customer service office is open from 10am - 5pm EST Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.
III. COMMUNITY STANDARDS
YOU ARE RESPONSIBLE FOR ACTIVITIES ON YOUR ACCOUNT
If you are given a password to access the Full Forcesite and services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Full Force immediately of any unauthorized use of your account. Full Force is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Please choose carefully the information you post via the Full Forceservices or provide to other users. Your publicly available profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Full Force users (for instance, in their publicly available profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Full Force assumes no responsibility or liability for this material. If you become aware of misuse of the Full Forcesite or services by any person, please Customer Service.
You agree that you will not: (i) use the Full Forceservices for any purpose that is unlawful or contrary to these terms and conditions; (ii) use the Full Forceservices in any manner that could damage, disable, overburden, or impair the Full Forceservices or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any Full Force user account, computer systems or networks associated with the Full Forcesite and services; or (iv) obtain or attempt to obtain any materials or information through the Full Forcesite and services by any means not intentionally made available or provided for.
You agree not to post, submit, upload or otherwise display prohibited content on or through the Full Forcesite and services, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Content”). The following is a partial list of the kind of content that is illegal or prohibited to post submit, upload or otherwise display on or through the Full Forcesite and services. Full Force reserves the right to investigate and take appropriate legal action against anyone who, in Full Force’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Full Forcesite and services and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of Full Force:
• Is patently offensive or promotes or constitutes racism, bigotry, hatred, bullying, or physical harm of any kind against any group or individual; • Uses racial, religious or ethnic slurs, sexually discriminative or homophobic language, cussing, or derogatory labeling; • Harasses, bullies or advocates harassment or bullying of another person; • Exploits people in a sexual or violent manner; • Contains nudity, violence, or offensive subject matter or contains a link to an adult or pornographic website; • Solicits personal information from anyone under 18; • Publicly discloses another individual’s private information (such as telephone numbers, street addresses, or last name), or any modified version thereof, without the individual’s consent; • Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; • 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 manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files; • Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, unsolicited instant messaging, “spimming,” or “spamming”; • 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; • Solicits passwords, promotional codes, access codes, gift codes or personal identifying information for commercial or unlawful purposes from other users; • Involves commercial activities and/or sales without Full Force’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; • Includes a photograph of another person, or any modified version thereof, that you have posted without that person’s consent. • Posting of subscription service exclusive content, including media, news, links, etc.
The following is a partial list of the kind of activity that is illegal or prohibited on or via the Full ForceServices. Full Force reserves the right to investigate and take appropriate legal action against anyone who, in Full Force’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
• Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”); • Criminal, illegal or tortious 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; • Advertising to, or solicitation of, any user to buy or sell any products, services or data through the Full Forcesite or services; • Soliciting any user to buy, sell, lend, transfer or give away passwords, promotional codes, gift codes or other access codes; • Exporting encryption software over the Internet or otherwise to points outside the United States; • Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means; • Any automated use of the system, such as using scripts to add friends or send comments or messages; • Interfering with, disrupting, or creating an undue burden on the Full Forcesite or services or the networks or services connected to the Full Forcesite or services; • Attempting to impersonate another user or person; • Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account; • Selling or otherwise transferring your profile; • Using any information obtained from the Full Forcesite or services in order to harass, abuse, bully, or harm another person; • Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Full Forcesite or services, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR • Using the Full Forcesite or services in a manner inconsistent with any and all applicable laws and regulations.
You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Full ForceServices in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect Full Force users from such advertising or solicitation, Full Force reserves the right to restrict the number of emails that a user may send to other users in any 24-hour period to a number which Full Force deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Full Forceservices, you acknowledge that you will have caused substantial harm to Full Force, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Full Force $25.00 for each such unsolicited email or other unsolicited communication you send through the Full Forcesite and services.
You are solely responsible for your interactions with other users of Full Forcesite and services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
USER DECORUM & STANDARDS OF CARE
This website (or other Full Forceservice) has users of various ages and all are expected to conduct themselves in a mature and responsible manner. Users are to respect the opinions of others and refrain from attacking another person for expressing their opinions. Name-calling, personal attacks, bullying and harassment of any kind will not be tolerated. As previously stated, we reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. If you feel you, or any other user, has been attacked, bullied or harassed, please contact Full Force Customer Service immediately.
CONTENT AVAILABLE ON FULL FORCE WEBSITE
The Full Forcewebsite and services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Full Forcesite and services (all of these things are commonly referred to as “Content”) are owned exclusively by Full Force or others who have licensed their material to Full Force. The Content is therefore protected by copyrights or other proprietary rights, which means that you and others using the Full Forcesite and services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Service. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in the Terms of Service are reserved by Full Force (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the Full Forcesite and services are owned by Full Force or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Full Force for which money damages would be inadequate and in such event Full Force will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Full Force may provide information about how to use the Full Force site and services. If you have any questions about the Full Forcesite and services or any problems that you would like to report, please contact Customer Service. We endeavor to answer all enquiries within two (2) business days, but please allow longer.
IV. ADDITIONAL TERMS & CONDITIONS
In order to use this website and its services, we recommend the hardware and software specified below. Full Force is not responsible for any failure to operate the Full Forcesite and/or its services resulting from you not using the recommended hardware and software.
• Any computer with the Windows (versions XP, Vista, or higher) or Mac OSX (version Tiger 10.4 or higher) operating system; and • Your computer must meet the minimum technical requirements of the supported web browser software listed below:
WEB BROWER SOFTWARE
• Microsoft Internet Explorer version 7.0 or higher • Mozilla Firefox version 3.5 or higher • Apple Safari versions 4.0 or higher • Google Chrome version 5.0 or higher • Opera version 0.0 or higher
PERSONAL & NON-COMMERCIAL USE ONLY
You may use the Full Forcesite and services for your own personal and non-commercial purposes only. Each Full Force account is to be used by a single user only, and you may not share or allow or permit anyone else to use your Full Force account to access the Full Forceservices. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Full Forcesite or services except as expressly provided in this TOS.
Illegal and/or unauthorized use of Full Forcesite and services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Full Force site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Full Force site. Except as expressly authorized per a written agreement with Full Force, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Full Force reserves the right to remove them from user profiles or other areas of a Full Force site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of Full Forcesite and services.
DELAY OR FAILURE TO PROVIDE SERVICES
Full Force is not responsible for any delay or failure to provide content, materials or other services where such delay or failure is due to causes outside of Full Force’s control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a particular recording artist, band, celebrity, public figure, brand, or other Full Force client or their management to make materials available to Full Force in a timely manner. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.
YOUR FEEDBACK & SUGGESTIONS TO FULL FORCE
FULL FORCE AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE FULL FORCESERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FULL FORCE AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FULL FORCE, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FULL FORCESERVICES, WITH THE DELAY OR INABILITY TO USE THE FULL FORCESERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE FULL FORCESERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE FULL FORCESERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FULL FORCE OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FULL FORCESERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FULL FORCESERVICES.
In no event will Full Force’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Full Forcesite and/or service which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the damage or loss occurred or the cause of action arose.
INTELLECTUAL PROPERTY NOTICES
Full Force World (the websites and services), and all related technology and content: Copyright © 2014 by Forceful Enterprises or its suppliers or licensors. All Rights Reserved.
“Full Force” are trademarks and service marks of Forceful Enterprises the company, product, and brand names of companies, products and services mentioned herein or on a Full ForceWorld or Full ForceLive may be the trademarks and service marks of their respective owners.
Forceful Enterprises has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Full ForceWorld and Full Force Live websites. Except as expressly provided in this TOS, the provision of the Full Forceservices and the display of Full Force sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that Full Force should be notified of a possible online copyright infringement involving any Full Force website, please notify Full Force's legal department at:
ATTN: Legal Department Forceful Enterprises P. O. Box 284 Brooklyn, NY 11203
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
Forceful Enterprises is a New York corporation. If you have any complaints about Forceful Enterprises or wish to receive further information about Forceful Enterprises, please contact Customer Service at (888) 252-5767.
Last Updated: April 20, 2014