SUBSCRIPTION/FEE BASED SERVICES
Certain of the Services made available on a FMIM Site may be offered by FMIM on a payment basis (a "Pay Service"). Pay Services may be offered by FMIM on a prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. FMIM reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.
By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.
In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, (d) that FMIM reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that FMIM reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where FMIM has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by FMIM shall be in addition to and without prejudice to such rights and remedies as may be available to FMIM, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by FMIM or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, FMIM reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.
INFORMATION COLLECTED
In the course of operating the FMIM Services, we may collect two types of information about our users: Personal Information and Non-Personal Information. "Personal Information" is personally identifiable information, such as your name, address, email address, birth date and gender. Personal Information is collected by us when you choose to provide it to us when registering for a FMIM Service, such as when you choose to subscribe to a FMIM Service, enter a FMIM promotion or choose to receive a FMIM newsletter. In addition, if you choose to contact any of our customer service representatives, we may keep a record of that correspondence so that we may fully address the subject matter. We may also receive Personal Information from our business partners and other third parties, provided that such third parties confirm to us that you have permitted them to share such information.
SECURITY
The security of your Personal Information is important to us. FMIM takes technical, contractual, administrative, and physical security steps to protect Personal Information that you provide to us. We instruct our employees with access to your Personal Information that it is to be used only in adherence with the principles set forth in this Privacy Policy and the laws applicable to each specific business.
In certain areas, such as when you provide credit card information to us, we work to help protect the security of your credit card information during transmission by using industry standard Secure Sockets Layer (SSL) encryption technology.
You can help protect the security of your Personal Information as well. For instance, never give out your password, since this is what is used to access your account or registration information. Also remember to log out of your account and close your browser window when you finish using a FMIM Service or surfing the Web, so that other people using the same computer won't have access to your information.
TERMINATION
You acknowledge and agree that FMIM, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a FMIM Site or any of the Services, and remove and discard any information or content related to a FMIM Site or any of the Services (and your use thereof), for any reason, including where FMIM believes that you have violated any of these Terms and Conditions. You further agree that FMIM shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a FMIM Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of FMIM in operating a FMIM Site or any of the Services, your sole and exclusive remedy is to discontinue using a FMIM Site or any of the Services.
