Jason Mraz Details in the Photo

1. BINDING EFFECT. This is a binding agreement between you, a user of the “Details in the Photo” program (the “Program”), and FTM, Inc. d/b/a/ GridMob (“we,” “us” or “Company”). By participating in the Program in any way (whether by submitting photos, messages or other content to us, by accessing any website that displays photos or other Program content, or by sharing any messages or materials that you receive from the Program with any third parties), you are signaling your agreement to abide by these Terms of Use, as they may be amended by us from time to time in our sole discretion. These Terms of Use can be accessed and reviewed at any time the from the Internet site located at www.gridmob.com (the “Site”). We will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site and the services it offers. THESE TERMS OF USE CREATE BINDING LEGAL OBLIGATIONS AND LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SITE AND YOUR PARTICIPATION IN THE PROGRAM.

2. ELIGIBILITY. Participation in the Program and use of the Site are void where prohibited. The Program and the Site are intended solely for users who are thirteen 13 years of age or older. Any participation in the Program (which includes any use of or access to the Site) by anyone under 13 is unauthorized and in violation of these Terms of Use. By participating in the Program, you represent that you are at least 13 years old, and that you understand and agree to abide by all of the terms and conditions of these Terms of Use. Use of some of the features of the Program (e.g., submitting photos or messages) requires a compatible mobile device. If you are not sure if your device is compatible and you otherwise meet the eligibility requirements for the Program, you can check the Site or contact us with your questions.

3. CONTACT INFORMATION. If you have any questions concerning us, the Program, these Terms of Use, or anything related to any of the foregoing, we can be reached at the following numbers and addresses:

FTM Inc.
2800 Olympic Blvd., 2nd Floor
Santa Monica CA 90404
1-866-729-6856

4. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into these Terms of Use by this reference, and your participation in the Program and/or your use of the Site indicates your agreement to our privacy policy as part of these Terms of Use. If there is any conflict between these Terms of Use and the privacy policy on any matters relating to the privacy of your personal information, the terms of the privacy policy will prevail.

5. CONFIDENTIALITY OF PASSWORDS. If at any point you are required to open an account to use or access the Site or participate in the Program, you will be required to complete a registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You will be entirely responsible for maintaining the confidentiality of your password. You will not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

6. USE OF SOFTWARE. Participation in the Program may require you to use software provided or made available by us (whether through the Site or otherwise), and on occasion we may make certain software available to you. To the extent you use such software or download any such software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for your personal, noncommercial, home use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by the Company or its licensors or business partners, and you may not copy or use them in any manner.

7. USER MATERIALS. You grant us a license to use any photos you submit and any other materials you post or otherwise provide to the Company (whether through the Program or otherwise). By posting, texting, emailing, uploading, downloading, displaying, performing, transmitting, or otherwise distributing information, inquiries or other content (“User Materials”) to us, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, irrevocable, royalty-free and fully-paid license to use those User Materials throughout the world, in any manner or means (whether now known or hereafter developed) without compensation or credit to you. This license includes, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, modify, edit, translate, and reformat User Materials without any notice to you, and without having to obtain your prior consent. You will not be compensated for any User Materials. You agree that, if you provide us with your name, we may publish or otherwise disclose your name in connection with your User Materials. By submitting User Materials to the Program or providing User Materials to the Company, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, text, email, distribute, display, perform, transmit, or otherwise distribute User Materials. Keep in mind that any photos and messages that you submit to the Program will constitute User Materials, and we will have all of the rights set forth above with respect to those photos. Please refer to our privacy policy for additional information on how we may use the photos you submit, and for additional terms that apply to those photos.

8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When using the Program or any of the services it offers, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Program (including, but not limited to, your submission of photos) is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your mobile device or any account that you set up with the Program. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. Without limiting the foregoing, your submission of any photo to the Program shall constitute your representation and warranty that you have obtained all necessary permissions from any persons or entities appearing in that photo.

9. INAPPROPRIATE CONTENT. You will not under any circumstances submit to the Program or upload, download, display, perform, transmit, or otherwise distribute any photos, messages or other Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is intentionally designed to mislead or disparage or embarrass others; (d) advertises or otherwise solicits funds or is a solicitation for goods or services; or (e) contains pictures, images or information concerning anyone who has not given you their permission to be included in the submission. We reserve the right to terminate your access to the Program and your ability to receive, transmit, or otherwise distribute any such material using the Program or its services, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

10. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on or through the Program or with the services we offer. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) 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;

(c) identification of the material that is claimed to be infringed 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 us to locate the material;

(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it in writing to the Company’s designated agent, who may be reached at the following address:

copyright@gridmob.com

11. ALLEGED VIOLATIONS. We reserve the right to terminate your use of the Program at any time and for any reason (including for no reason). To ensure that we can provide a high quality experience for you and for other users of the Program, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Program or the services we offer. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Program immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Program by others.

12. NO WARRANTIES. WE ARE MAKING THE PROGRAM AND ALL RELATED CONTENT AND SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE PROGRAM OR THE SERVICES IT OFFERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY SERVICES IT OFFERS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE IN NO WAY WARRANT THAT ANY PHOTO, MESSAGE OR OTHER CONTENT THAT YOU SUBMIT WILL BE SELECTED FOR PUBLIC DISPLAY; PROVIDED, THAT ALL OF THESE TERMS OF USE APPLY TO THE CONTENT AND USER MATERIALS YOU SUBMIT WHETHER OR NOT ANY OF THAT CONTENT OR THOSE USER MATERIALS IS SELECTED FOR PUBLIC DISPLAY AS PART OF THE PROGRAM.

13. ACKNOWLEDGEMENT. YOU ACKNOWLEDGE THAT WE HAVE CREATED THE PROGRAM FOR THE PURPOSE OF PROVIDING ENTERTAINMENT, INFORMATION, AND SERVICES THAT WE BELIEVE OUR USERS WILL USE AND ENJOY, AND WHILE WE EXERCISE REASONABLE EFFORTS TO MONITOR THE PROGRAM AND ITS CONTENT AND TO UPDATE THE PROGRAM REGULARLY, YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL PROVIDED BY THE PROGRAM OR INCLUDED ON THIS SITE, OR ON ANY SITE ACCESSIBLE FROM HERE.

14. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PROGRAM OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

15. AFFILIATED SITES. We have no control over, and no liability for any third party materials or websites. Much of our content is submitted by our users and passed along without modification or screening. In addition, we work with a number of partners and affiliates whose Internet sites may be linked with or made available by the Site or through the Program. Because the Company has no control over the content and performance of user materials or these partner and affiliate sites, we make no guarantees about their accuracy, currency, content, or the quality of any information they provide, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that you may receive as a result of your participation in the Program. Similarly, from time to time in connection with your use of the Program and the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

16. PROHIBITED USES. We impose certain restrictions on your permissible use of the Program and the services it offers. You are prohibited from violating or attempting to violate any security features of the Program, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Program or the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Program or its or the Site’s servers to send unsolicited e-mail other than photos and messages properly submitted to the Program, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Program; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Program or its services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the Program.

17. INDEMNITY. You agree to indemnify us and our business partners for certain of your acts and omissions, as follows: You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Program or the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

18. COPYRIGHT. The Program and all contents of the Site are: Copyright © FTM, Inc. and its licensors. All rights reserved. For more information (including any questions about reusing materials found on the Site), please contact FTM Inc. at the address set forth in Section 0 above.

19. GOVERNING LAW. These Terms of Use will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Program or any transactions related to these Terms of Use.

20. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.

21. NO LICENSE. Nothing provided by the Program or contained on the Site should be understood as granting you a license to use any of our trademarks, service marks, or logos, or the trademarks, service marks, or logos owned by any third party.

22. CALIFORNIA USE ONLY. The Program is controlled and operated by the Company from its offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of the Program should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

23. MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Program or any of the services it offers; and (c) discontinue the Program or any of its services at any time. We will post any revision to these Terms of Use to the Site, and the revision will be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you will abide by any such revision.

24. ACKNOWLEDGEMENT. BY PARTICIPATING IN THE PROGRAM OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.