Terms & Conditions

Before using the services offered on FASCINATIONCITY®, please review the following Terms and Conditions, which define your rights, responsibilities and benefits as a Member of this Service.
  1. Service Description
    FascinationCity.com,LLC is an Internet service (the "Service") which is owned and operated by FASCINATIONCITY.com, LLC. (“FASCINATIONCITY®”, "we", "our" or "us"). "You" or "your" means an adult user of the Service for yourself, and you as parent or guardian for any child under the age of 18 who you permit to use your account, for whom you will be liable and held strictly responsible.
  2. Eligibility
    The Service is generally intended for use by adults. If you permit anyone under the age of 18 to use your account, you are responsible for monitoring the child's activity on the Service.
  3. Acceptance of Terms
    Your use of the Service indicates your agreement to be bound by these Terms and Conditions (the "Agreement"). If you don't agree with any of these Terms and Conditions, or to any change which we may make to these Terms and Conditions as further described below, your sole remedy is to not use or to discontinue using the Service, and we disclaim any other liability to you. We reserve the right to change these Terms and Conditions at any time and in any manner that we see fit. By accessing the Service, you are agreeing that you have read and agreed to these Terms and Conditions. Your continued use of the Service after any change is made to these Terms and Conditions, indicates your acceptance of the Terms and Conditions, including any and all revisions that have been made to the Terms and Conditions since you last accessed the Service. As described above, if you don't want to be bound by any change to these Terms and Conditions, your sole remedy is to stop using the Service. Use of the Service indicates your agreement to be bound by these Terms and Conditions.
  4. Use of Service; Membership; Registration
    In order to, among other things, view any information available on the Service, or to post Content to or to comment on Content which has been posted by others on the Service, or to otherwise engage in any other type of activity using the Service, you will need to become a member of the Service (a "Member"). To become a Member, you must register with us. As part of the registration process, you will be asked to select a password and username. You will also need to provide us with a valid and verifiable email address. (Note - if you also elect to subscribe to any paid portion of the Service as further described below, you will be asked to provide additional information, including payment information.) You must provide us with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement. By using this Service, you understand that you may not: (1) select or use a username which is, includes or comprises the name of another person, in any case; (2) use the username or password of any person other than yourself; or (3) use a username that we, in our sole discretion, deem offensive.
  5. Username and Password Security and Obligations
    You are responsible for any and all usage or activity that originates within or occurs using your account or your username or password. You may not distribute your username or password to others, including allowing others to access your FASCINATIONCITY® account. Doing any of these things shall constitute a breach of this Agreement. Notwithstanding the foregoing, you will be liable and will be held strictly responsible for the use of your account by anyone to whom you distribute your username or password and for the use of your account by anyone you permit to access your account. You are responsible for maintaining the confidentiality of your password. Note that you will never be required to reveal your password to any representatives or agents of FASCINATIONCITY®. You agree to notify us by regular mail, or by email, of any known or suspected unauthorized use(s) of your account, username or password, or of any known or suspected breach of security involving your account, including the loss, theft or unauthorized disclosure of your username, password or other account information. Failure to inform us of alleged unauthorized use within ten (10) days of becoming aware of the unauthorized use, or within forty five (45) days of the unauthorized use actually occurring, shall be considered a breach of this Agreement.
  6. Limited Use License
    You are licensed to use, in a non-commercial manner, (a) the Service, (b) the data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other content or materials ("Content") which are contributed by other Members and which appear on or as part of the Service, and (c) any Content which is not user-contributed Content ("Company Content"), in each case, only for your own personal use. Without limiting the generality of the foregoing (a) the downloading or use of the whole or any significant portion, including any functionality, of the Service, or any part of the public areas of the Service, or (b) the reproduction in any medium including online or use any Company Content, in each case other than as permitted above, is expressly prohibited. You may use software which is provided on or through the Service only while using the Service in compliance with these Terms and Conditions, and may not download, copy, reuse or distribute that software, except to the extent that the terms of use of such software expressly provide that it is available for offline use subject to a license which is made available in connection with that software. Violation of the above limited license may result in immediate termination of your access to the Service, and may result in legal action for injunction, damages or both. In the case of termination of your access, any content that you have posted using the Service may be lost, and not recoverable. The Service is not intended or licensed for commercial use, and any and all commercial use of the Service for any purpose whatsoever is specifically prohibited. When you post content using the Service, you are granting us, other users that have access to your Content, and our affiliates, a limited license to host and/or use that content as part of the Service, to use that content in connection with user creations that you or other members create using the service (such as slideshows or photo prints), and to distribute that content to other members in accordance with the privacy setting which applies to your submission of the Content.
  7. Conduct
    You agree not to use the Service:
    1. for any unlawful purposes;
    2. to upload, Post, order for print, email or otherwise transmit or communicate any material that is or promotes conduct that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, defamatory, libelous, vulgar or illegal, that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, that "stalks", harasses or advocates harassment of another person, or that is otherwise objectionable, in each case as determined by us in our sole discretion;
    3. to upload, Post, order for print, email or otherwise transmit or communicate any material that provides instructional information about illegal activities; this may include, but is not limited to, information about making or buying illegal weapons or providing or creating computer viruses, information about making or buying illegal drugs or other controlled substances;
    4. to upload, Post, order for print, email or otherwise transmit or communicate any material that infringes any copyright, trademark, patent or other intellectual property right or moral right of any person, including FASCINATIONCITY®, or that constitutes an invasion of the privacy or publicity rights of another;
    5. to upload, Post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate or that promotes an illegal or unauthorized copy of another person's copyrighted work; this may include, but is not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files, or any other type of pirated electronic media files;
    6. to harm minors, or any person in any way; this may include, but is not limited to, uploading, posting, ordering for print, emailing or otherwise transmitting or communicating any content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or any other activity that may not necessarily be illegal, but still of a nature which, in our sole discretion, may be harmful to minors, or any other person;
    7. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content posted to, or otherwise communicated or transmitted through, the Service;
    8. to upload, Post, email or otherwise transmit any material which is likely to cause harm to our, or anyone else's, computer systems, or which is likely to allow unauthorized access to our, or anyone else's, computer systems, including, but not limited to, that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service that may cause any defect, error, malfunction or corruption to the Service;
    9. for any activity that involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
    10. to promote information that you know or believe to be false or misleading;
    11. for any commercial purpose;
    12. to impersonate any person or entity, including, but not limited to, an official of FASCINATIONCITY®, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
    13. to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the U.S. Government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
    14. You are solely responsible for the Content that you submit, post, publish, display, transmit or communicate (collectively, "Post") on or using the Service.
    15. You will not interfere with or disrupt, or attempt to interfere with or disrupt, the Service or any servers, networks or equipment connected to or employed in conjunction with the Service, or disobey any requirements, procedures, policies or regulations relating to this Service;
    16. You will not provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; and
    17. You will not use email from us or our affiliates to create "spam" emails.
    Even though all of the actions described above are strictly prohibited, it is possible that another user may violate these policies and that you may become exposed to material of the type described above. By using the Service, you waive any rights to any damages that may arise from or be related to such exposure, no matter who the source of the exposure is. Any conduct described above is prohibited conduct and engaging in any prohibited conduct constitutes a breach of this Agreement which may result in termination of your access to the Service.
  8. User-Contributed Content; User Creations
    As part of the Service, Members may both Post Content to the Service, and also comment on Content which has been posted to the Service by others. If you Post Content to the Service, you affirm, represent and warrant that you own or have all rights necessary to Post the Content, and to authorize us to use - in accordance with the limited license above - the Content to provide the Service in the ordinary course in the manner contemplated by these Terms and Conditions. You acknowledge that we have the right, but not the obligation, in our sole discretion, to review, refuse to host and/or remove, any Content that is Posted to or available via the Service. Specifically, and without limiting the foregoing, you acknowledge that we may, but have no obligation to, remove Content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or inappropriate, or which violates any party's intellectual property rights, our site Terms and Conditions or applicable law. Activity or content which appears, in our sole judgment, to violate the law will be brought to the attention of the proper authorities. By using this Service, you have no expectation of privacy with respect to any behavior that we believe, in our sole judgment, to be unlawful. Finally, as noted above, by Posting Content to the Service, you are granting us a limited license to host and to use that Content for certain purposes as further described above under "Limited Use License". The Service also permits Members to create and share various presentations, including photo slideshows, to create, share and/or order for personal use various items, including photo books and photo prints and to create and share other communications using Content submitted by that Member (collectively, "User Creations"). By using the Service to create any type of User Creation, you agree that:
    1. You are solely responsible for your own User Creation and the consequences of Posting it, to the extent applicable. If you create or Post any User Creation, you affirm, represent and warrant that: (i) you own, or have the necessary licenses, rights, consents and permissions to use all patent, trademark, trade dress, trade secret, copyright or other proprietary rights in and to any and all User Creations, and to authorize its use - in accordance with the limited license above - the User Creations in connection with our provision of the Service in the ordinary course in the manner contemplated by these Terms and Conditions; and (ii) you have the consent or permission of, or have obtained a release from, each and every identifiable individual person in the User Creation, to use that person's name or likeness as part of the User Creation and to Post the User Creation in the manner contemplated by these Terms and Conditions.
    2. FASCINATIONCITY® permits you to link to your own User Creations hosted on FASCINATIONCITY® or Member Creations of other third parties available on the Website, for personal, non-commercial purposes only. In addition, FASCINATIONCITY® provides an "Embedded Player" feature, in which you can incorporate certain User Creations on other, non-commercial websites, provided that you include a prominent link back to the FASCINATIONCITY® website on the pages containing the Embedded Player. You understand that the User Creations, whether or not linked or embedded into other web sites, are provided to You only on an as-available basis, and FASCINATIONCITY® does not guarantee that their availability will be uninterrupted or bug free. FASCINATIONCITY® reserves the right to discontinue any aspect to the Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
  9. Profile
    The Service allows you to create a profile which may be viewed on the FASCINATIONCITY® site. You should submit only content which belongs to you and will not violate any rights of other people or organizations. It is not our intention to edit or monitor user provided content, except to promote privacy. FASCINATIONCITY® does, however, reserve the right to, when necessary, as determined in our sole discretion, to edit user provided content.
  10. Trademarks
    All brand, product and service names, including any images or logos, used in conjunction with this Service which identify FASCINATIONCITY® or its affiliates or any third parties or their respective products or services, are, in each case, proprietary marks of FASCINATIONCITY® and/or the relevant third parties. Nothing in these Terms and Conditions shall be deemed to confer on any person any license from FASCINATIONCITY® or any third party with respect use of any such brand, product or service name, image or logo.
  11. Dealings with Advertisers; External Links
    We may provide opportunities for users or Members of the Service to link to or buy services from third parties. Any third party sites to which a user or Member may be transferred, may be subject to terms and conditions which are different from the Terms and Conditions which apply to the Service. FASCINATIONCITY® makes no warranty concerning any third party goods or services. You agree that your sole remedy for any dissatisfaction or problems you may have with regard to any third party goods or services provided by that third party will be from the third party vendor, and not from FASCINATIONCITY®. Accordingly, you agree to waive any claim that you may have with respect to FASCINATIONCITY® for any type of real or potential damage that you may have suffered as a result of navigating away from FASCINATIONCITY® to any third party as mentioned above.
  12. Member Disputes
    You are solely responsible for your interactions with other users or Members of the Service (including any Site Administrator), any subscriber to the paid portions of the Service (a "Subscriber"), or any other third parties you may encounter in using the Service. We reserve the right, but have no obligation, to monitor or to attempt to resolve any dispute or disagreement between you and other users, Members, Subscribers or third parties. We disclaim any liability to any user, Member or Subscriber to the Service or to any third party arising from or in connection with any such dispute. In a case where any dispute cannot be resolved, we reserve the right, in our sole discretion, to discontinue use of the Service to any and all parties that may be involved in the dispute
  13. Service Availability
    We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, for upgrades, for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of FASCINATIONCITY®. From time to time, and without notice to you, FASCINATIONCITY® may add or delete certain features or function from the Service we provide. You agree that FASCINATIONCITY® shall not be liable to you for any modification, suspension or discontinuance of the Service. You further agree that FASCINATIONCITY® shall not be liable to you for any loss of content that may occur as a result of an interruption in service or due to maintenance or for any other reason. Users are encouraged to back up any content and it is not advisable for content to only be Posted using the Service without any additional backup.
  14. Liability Disclaimer
    The information, products and services included in this Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. FASCINATIONCITY®, and its third party suppliers, if any, provide all Content in this Service "AS IS", and without any warranty of any kind. NEITHER WE NOR OUR THIRD PARTY SUPPLIERS MAKE ANY REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY OR ACCURACY OF THE CONTENT OR THE SERVICE FOR ANY PURPOSE. WE AND OUR THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CONTENT AND THE SERVICES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN THE CASE OF GOODS OR SERVICES PURCHASED VIA THE SERVICE, ANY WARRANTY IS SUPPLIED BY THE MANUFACTURER AND WE PROVIDE NO SUCH WARRANTY. IN NO CASE WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR DELAY OF USE, LOST PROFITS, LOSS OF DATA OR ANY OTHER DAMAGE IN CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY IN PART TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.
  15. Subscription Fees & Payment
    FASCINATIONCITY.COM is a fee-based subscription Service. As a Member who subscribes to the Services (a "Subscriber"), you understand that membership in the Service is on a continuous service basis. This means that once a user has become a Subscriber, the user will be charged based on the subscription program (e.g., annual, etc.) the user has chosen. This means that once you have become a Subscriber, your subscription will be automatically renewed and your credit card associated with that subscription will be charged based on the subscription program (e.g., annual, etc.) you have chosen. Credit card charges will be processed within 24 hours after you complete your subscription. Any products included with your subscription will be shipped promptly thereafter. Thirty days before your subscription automatically renews you are required to correct any information which has changed. This will also be an opportunity to " opt out " of your renewal. Cancellation requests must be received two weeks before the renewal date for the cancellation to be effective. We may change our subscription prices at any time and from time to time. Each renewal of your subscription will be at the then standard renewal charge for the subscription period (e.g., annual, etc.) which you originally selected when you subscribed.
  16. Special Admonitions for International Use
    Recognizing the global nature of the Internet, you agree to comply with all applicable local laws, including but not limited to those regarding online conduct, privacy, copyright and content. Specifically, and without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
  17. Miscellaneous
    Except to the extent specifically provided above under "Special Admonitions for International Use", this Agreement is governed by the law of the State of Florida, without regard to any otherwise applicable conflicts of law principles, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts in and for St. Lucie County, Florida. Official correspondence must be sent via postal mail to:

    FASCINATIONCITY.COM LLC
    Attn: Customer Service
    P.O. Box 12069
    Ft. Pierce,
    FL 34979
  18. Arbitration Clause
    It is hereby agreed that any dispute over any of the terms of this agreement shall be referred to arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration, with any such arbitration to be conducted in St. Lucie County, Florida. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
  19. Indemnification Clause
    By using this Service you hereby indemnify and hold harmless FASCINATIONCITY®, and any of its officers, employees, successors and assigns, as well as its affiliates, for any liability that may arise from your use of the Service including, but not limited to, intellectual property infringement, and further agree to pay the cost of defense, if necessary, of FASCINATIONCITY®, should it be required for FASCINATIONCITY® to mount a defense to any accusation, liability or any other type of cost to FASCINATIONCITY® that arises from your use of the Service in violation of this Agreement.
  20. Refund Policy
    We do not offer refunds for our Service.