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Terms of Use

Last Updated: 02/24/2025
Terms of Use for The Fez
Effective Date: 02/24/2025 The Fez (the “Project”) manages thefez.com (the “Website). Users of the Project and the Services should also review our Privacy Policy. If you have any questions about the Terms of Use please contact us by email or call (724) 378-1810. BY ACCESSING OR USING THE FEZ WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE (“TERMS”). IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE SERVICES OR ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.
1. Use of the website
You agree to use The Fez website for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use and enjoyment of, The Fez website by any third party. You may not use this website to engage in any activity that is harmful or illegal.
2. Privacy Policy
Your use of The Fez website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. Please review the Privacy Policy to understand our practices regarding your information.
3. Intellectual Property
You may not copy, reproduce, distribute, or create derivative works from any content on the website without prior written permission. The entire contents and design of The Fez website are protected under U.S. and international copyright laws. All of the content featured or displayed on the Services, including without limitation trademarks, logos, trade names, trade dress, text, graphics, photographs, images, moving images, sound, and illustrations (collectively, the “Content”), is owned by The Fez or its licensors and is protected by copyright and other intellectual property laws. In using Content in accordance with these Terms of Use, you may not (1) state or imply that The Fez is endorsing you, your viewpoints, or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with The Fez or any of the events, products or services we provide unless that relationship is the subject of a written agreement that has been signed by The Fez. You will not access any Content of the Services through any technology or means other than the pages of the website itself, the Widgets (as defined below) or such other explicitly authorized means as The Fez may designate. See “Access and Interference” below. If you believe that any content on the websites infringes your copyright and you want the content removed from the website, please send a detailed message to us by email Under the Digital Millennium Copyright Act, the following information must be included in the message to us: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. Account, Password, and Security
Some of the Services may require that you create/receive a password and account designation before using the Services. You are responsible for maintaining the confidentiality of any such password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Services through your username and password, you will defend and indemnify The Fez and its Representatives from and against any liability, costs, or damages arising out of claims or suits based upon or relating to such access and use. You agree to immediately notify The Fez as set forth above of any unauthorized use of your password or account or any other breach of security related to the Services of which you are aware.
5. Access and Interference
You agree not to circumvent, disable, or otherwise interfere with security-related features of The Fez website or features that prevent or restrict the use or copying of any content or enforce limitations on use of The Fez website or the Content therein. You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper, or any other automated means to access, compile, read, or gather content from The Fez website automatically. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or (c) bypass any measures we may use to prevent or restrict access to the website.
6. Unlawful or Prohibited Use
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use or is otherwise prohibited under applicable law. You may not use The Fez website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access.
7. Guidelines
Be respectful of others — do not post or send:
  • Content or communications that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, sexually explicit, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Content or communications that falsely state or otherwise misrepresent your identity, affiliation with the Project, or any person or other entity;
  • Confidential business or personal information, or content that infringes any trademark, trade secret, copyright, or other proprietary rights of any party;
  • Content or communications that make available unsolicited or unauthorized advertising, promotional materials, sweepstakes, junk mail, spam, chain letters, pyramid schemes, or any similar form of solicitation;
  • Content or communications that are fraudulent, false, inaccurate, or misleading;
  • Content or communications that violate any law, ordinance, or regulation; that promotes illegal activities; that is harmful to minors; or
  • Links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
8. Third-Party Links
The Fez website may contain links to third-party websites that are not owned or controlled by The Fez. We are not responsible for the content or practices of these third-party sites and encourage you to review their terms and privacy policies before using them.
9. Limitation of Liability
To the fullest extent permitted by law, The Fez is not responsible for any damages, losses, or expenses arising from your use or inability to use the website. The content provided on the Terms of Use is presented as a courtesy to be used only for informational purposes and is not represented to be error-free.
10. Indemnification
You agree to indemnify, defend and hold harmless The Fez and the Representatives from and against any and all losses, damages, liabilities, and costs of every nature incurred by any of them in connection with any claim, damage, or loss related to or arising out of: your use of e Fez websie, any assistance or Services provided by us or the Representatives to you, any alleged unauthorized use by you, or any breach or alleged breach by you of these Terms of Use. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state, or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state, or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms of Use.
11. Release
In the event that you have a dispute with one or more other users of The Fez website, you release The Fez and Representatives from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Changes to the Terms of Use
We may update these Terms from time to time. Any changes will be posted on this page with an updated effective date. Your continued use of The Fez website after such changes constitutes your acceptance of the revised Terms.
13. Governing Law
The Services are controlled and operated from the Project’s offices in the Commonwealth of Pennsylvania. By accessing and using The Services, you agree to be bound by the Terms of Service of this agreement which is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of laws principles. All activity occurring in connection with the website or Services (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the Commonwealth of Pennsylvania. In connection with any suit, action, or proceeding arising from or relating to these Terms of Service, you consent to the jurisdiction of the federal and state courts within the Commonwealth of Pennsylvania.
14. Termination
We reserve the right to terminate these Terms of Use at any time without notice for any reason, including, in the case of these Terms of Use, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release, and Applicable Law and Jurisdiction provisions of these Terms of Use shall survive any such termination.
15. No Waiver
The Fez’s failure to enforce these Terms of Service in every instance in which they might apply is not a waiver of any of the Project’s rights, and the Project reserves its right to take all legal steps available to enforce these Terms of Service.
16. Electronic Communications; Binding and Entire Agreement
You agree that (a) these Terms of Service constitute an agreement “signed by you” under applicable law; (b) any notices or other communication regarding your use of the Services may be provided to you electronically (by posting on the website, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. These Terms of Service (including the Privacy Policy) constitute the entire agreement between you and the Project and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms of Service and all documents or notices relating to them and your use of the Services.
17. Severability
If any of these Terms of Service is determined to be invalid, void, or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if an amendment is not possible, and the remaining Terms of Service will be enforceable to the fullest extent permitted by law.
18. Contact Information
If you have any questions or concerns about these Terms of Use, please contact us by email or by calling (724) 378-1810.