By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Websites and Online Services and (iii) that your use of the Websites and Online Services is in compliance with any and all applicable laws and regulations.
By submitting, posting, or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, data, or comments (“Content”) to any Website or Online Service, you are granting FastCdn a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, incorporate, exploit, display, perform, reproduce, distribute, and prepare derivative works of your Content. You will retain ownership of your Content, however, any use of your Content by FastCdn may be without any compensation paid to you. By submitting, posting, and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
Except as otherwise provided in our Supplemental Terms, FastCdn is a pass-through network used to improve network performance, not a hosting provider and as such, we have no way of removing improper or infringing material from our users’ websites, third party sites or their hosting services. Copyright holders or their agents concerned with material served through FastCdn’s network should submit a notification of claimed copyright infringement
Please bear in mind that unless you have requested us not to share your information through the opt-out procedure described on our abuse page, FastCdn may provide copies of, or information from your notification or complaint to anyone it considers appropriate, including but not limited to the FastCdn user whom the notification or complaint relates to, the FastCdn user’s hosting provider, website operator and visitors of FastCdn’s own website.
We may at our sole discretion suspend or terminate your access to the Websites and/or Online Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Websites and/or Online Services at any time (including, without limitation, by limiting or discontinuing certain features of the Websites and/or Online Services) without notice to you. We will have no liability whatsoever on account of any change to the Websites and/or Online Services or any suspension or termination of your access to or use of the Websites and/or Online Services.
The Websites and Online Services may contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites and Online Services (the “Materials”) provided by FastCdn are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Websites and Online Services are the property of FastCdn or our third-party licensors. Except as expressly authorized by FastCdn you may not make use of the Materials. FastCdn reserves all rights to the Materials not granted expressly in these Terms.
As a condition of your use of the Websites and Online Services, you will not use the Websites or Online Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Websites or Online Services in any manner that could damage, disable, overburden, disrupt or impair any FastCdn servers or APIs, or any networks connected to any FastCdn server or APIs, or that could interfere with any other party's use and enjoyment of any Websites or Online Services. You may not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of Websites or Online Services. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the Websites or Online Services, including on any API calls, or otherwise use the Websites or Online Services in a manner that violates any FastCdn documentation or user manuals. You may not attempt to gain unauthorized access to any Websites or Online Services, other accounts, computer systems, or networks connected to any FastCdn server or to any of the Websites or Online Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Online Services. You may not to use the Websites or Online Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
You agree that you will be responsible for your use of the Websites and Online Services, and you agree to defend, indemnify, and hold harmless FastCdn and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "FastCdn Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Websites and Online Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
THE WEBSITES AND ONLINE SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE FastCdn ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITES AND ONLINE SERVICES. AS SUCH, YOUR USE OF THE WEBSITES AND ONLINE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE FastCdn ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITES AND ONLINE SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL THE FastCdn ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES AND ONLINE SERVICES OR ANY MATERIALS OR CONTENT ON THE WEBSITES AND ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE FastCdn ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and FastCdn agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
FastCdn reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Websites and Online Services.
The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
You acknowledge that the Websites and Online Services are not intended to be technology protection measures that will help you comply with the Children’s Online Privacy Protection Act (COPPA) or Children's Internet Protection Act (CIPA).