IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE WEBSITE.
Members: To access and use certain parts of the Website, you must become a registered user of FavRiver ("Member"). These Terms and Conditions apply to all users of the Website, including both Members and non-Members.
Authorized Members: By registering as a member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Your Content and profile may be deleted and your Membership may be terminated without warning if we believe that you are under 13 years of age.
No Unauthorized Use: User shall not access or edit any part of the Website that User is not authorized to access or edit.
No Sharing Of Access: Members receive FavRiver IDs. You will only use the FavRiver ID assigned to you (if any) and will neither allow others to access the Website using your FavRiver ID nor use the FavRiver IDs of others. You are solely responsible for any edits, additions, or other content posted or activity performed using your FavRiver ID. It is your responsibility to keep your account secure and you must notify us immediately of any security breach or unauthorized use of your account.
3. General Use of the Website
Non-Commercial Use Only: The Website is for non-commercial, personal use only. You may not use the Website for any commercial purpose without our prior, express authorization. Prohibited commercial uses include, but are not limited to the following:
- Posting content that advertises or provides a commercial service or product, including commercial advertisements, affiliate links, or other forms of solicitation, without our express written authorization.
- Selling access to the Website on another website or service or framing the Website on another website or service.
- Any use of the Website that we find, in our sole discretion, to use our resources, content, or Services in a manner that competes with or displaces the market for the Website or the content or Services provided here.
No Automated Copying: You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
No Personal Information Harvesting: You agree not to collect any personally identifiable information, including FavRiver IDs, from the Website, nor to use the communication systems provided by the Website for the purpose of sending unsolicited solicitations or "spam."
Acceptable Use: FavRiver reserves the right, at its sole discretion, with or without notice, to remove or refuse to post any material. The following is a non-exhaustive, non-exclusive list of behavior and content that violates this Acceptable Use Policy ("Prohibited Conduct"). FavRiver may suspend or terminate service provided to any User if User or any other party using User's services or facilities, directly or indirectly, for engaging in Prohibited Conduct. In the case of tortuous or illegal activity against FavRiver or any third party, FavRiver reserves the right to investigate the conduct and to disclose such information, including information regarding the identity of the User, as is necessary to pursue legal action. A User commits Prohibited Conduct if he engages in any of the following actions:
- Posts or transmits to the Website any material that User knows or ought reasonably to have known (i) cannot be legally distributed (whether by law or regulation or in contempt of any court or other governmental authority or body); (ii) that infringes the copyrights, trademarks, trade secrets, or other proprietary rights ("Intellectual Property Rights") of any third party; or (iii) that contains any content that is illegal, threatening, harassing, defamatory, obscene, pornographic or indecent;
- Posts or transmits any material to the Website that breaches any laws or regulation relating to a person's right to privacy or the export of personal data ("Privacy Rights");
- Posts content that:
- Is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person;
- Exploits people in a sexual or violent manner;
- Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other Members or users;
- Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- Infringes or misappropriates any third party's patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property; or
- Invades or violates any third party's right to privacy;
- Uses the Website in a manner that is intended to abuse or to violate the property rights of others, including, without limitation, activities that result in the distribution of viruses, worms time bombs, Trojan horses, cancelbots, or other destructive activities;
- Uses the Website for any purpose or in any manner that is unlawful, prohibited under this AUP, or that violates any Intellectual Property Right, Privacy Right, or other right of FavRiver or any third party;
- Violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing criminal activity, export control, unfair competition, or false advertising);
- Attempt to break security, or in fact, breaks security of any FavRiver computer network;
- Uses services to conduct any other activities that FavRiver determines are injurious to its operations or reputation;
- Uses bandwidth or disk space in excess of limits permitted in the descriptions or agreements concerning the services or in amounts that impair the performance of the FavRiver servers, network, and/or services;
- Posts advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk e-mail to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion;
- Covers or obscures banner advertisements via HTML/CSS or any other means;
- Makes any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
- Attempts to impersonate another Member or person or posting any third party's (including without limitation any family member's) information on the Services without permission;
- Uses the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- Selling or otherwise transferring your account;
- Using any information obtained from the Services in order to harass, abuse, or harm another person;
- Displaying an advertisement or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing content with a commercial purpose;
- Using the Services in a manner inconsistent with any and all applicable laws and regulations;
- Use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Services in a manner that sends more request messages to the Services servers than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Collect or harvest any personally identifiable information, including names or e-mail addresses, from the Services, nor use the Services for any commercial solicitation purposes without prior written consent from FavRiver ; or
- Rent, lease, transfer, sell, resell, or otherwise exploit for any commercial purpose, any portion of or access to the Services.
4. Posting and Modifying Website Content
General: Our goal is to maintain FavRiver as an inviting, useful, safe and well-functioning community for all users. We reserve the right to prohibit or remove, without prior notice, any content that, in our sole judgment and discretion, interferes with that goal.
No Posting of Commercial Content: You may not post content that advertises or provides a commercial service or product without our express written authorization. We may remove such material without notice and posting it may result in termination of your Membership privileges.
No Illegal or Infringing Content: You shall not post or transmit to the Website any material that You know or ought reasonably to have known (i) cannot be legally distributed (whether by law or regulation or in contempt of any court or other governmental authority or body); (ii) that infringes the copyrights, trademarks, trade secrets, or other proprietary rights ("Intellectual Property Rights") of any third party; or (iii) that contains any content that is illegal, threatening, harassing, defamatory, obscene, pornographic or indecent.
No Breach of Privacy Rights: You shall not post or transmit any material to the Website that breaches any laws or regulation relating to a person's right to privacy or the export of personal data ("Privacy Rights").
Your Responsibility for Posting Content: Although we reserve the right to refuse access or edit or remove content that violates these Terms, you acknowledge and accept responsibility and liability for content posted by you or any other user ("User Content"). We have no obligation to monitor the User Content, and we do not endorse or authorize any User Content or any opinion, recommendation, or advice expressed in such User Content. You are solely responsible for any User Content you post and any consequences arising from posting or publishing such User Content.
5. Ownership and Use of Content
6. License to User
7. E-mail and Notices
Use of e-mail: By registering and providing your e-mail address, you consent to us communicating with you by e-mail, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this e-mail communication by contacting us.
Notices: By providing your e-mail address you consent to our using the e-mail address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your e-mail address to send you other messages, including changes to FavRiver features and special offers. If you do not want to receive such e-mail messages, you may opt out by changing your account settings or by using the Feedback form available on the Website.
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Users via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by us at our discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Section.
Contact us by using the Feedback form available on the Website with any questions or issues related to this policy.
8. FavRiver Agent to Receive Notification of Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Website infringes your copyright, you (or your agent) may send FavRiver Designated Agent a notice requesting that the item, information or material be removed, or access to it blocked.
You can contact FavRiver Designated Agent using the Feedback form available on the Website.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
9. Member Disputes
You are solely responsible for your interactions with other FavRiver Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
We have commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. WARRANTIES AND DISCLAIMERS
Actions of Third Parties: At times, actions or inactions of third parties can impair or disrupt connection to the Website or the availability of portions of the Website content. User acknowledges that because of the nature of the Internet and communications accessible or received through it, the security, reliability and integrity of the Website cannot be guaranteed. Although FavRiver will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, FavRiver cannot guarantee that such events will not occur. Accordingly, FavRiver disclaims any and all liability resulting from or related to such events.
General Disclaimer: THE WEBSITE, THE MATERIALS IT CONTAINS, AND ANY FAVRIVER.COM PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND THE ACCURACY, OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SOFTWARE, SYSTEM, SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY FAVRIVER.COM, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
User Indemnity: User agrees by accessing the Website to indemnify and hold harmless FavRiver and its member firms, affiliates, partners, employees, officers, agents, representatives and contractors from and against all actions, proceedings, suits, claims and demands brought or made against FavRiver by any person and from and against any damage, loss, cost or expense (including reasonable attorneys\' fees) suffered or incurred by FavRiver as a direct or indirect consequence arising from or in consequence of any negligent act or omission by, willful misconduct of, or breach of these Terms by User. This Section will not be construed to limit or exclude any other claims or remedies which FavRiver may assert under these Terms or by law.
14. NO CONSEQUENTIAL DAMAGES
UNDER NO CIRCUMSTANCES WILL FAVRIVER.COM BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF USER, USER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE WEBSITE CONTENT OR THE WEBSITE SERVICES, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT FAVRIVER.COM MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE GREATER OF THE TOTAL AMOUNT ACTUALLY PAID TO FAVRIVER.COM BY USER DURING THE PRECEDING YEAR OR US$100. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
15. TERM AND TERMINATION
Termination: This Agreement shall remain in full force and effect while you use the Website or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member Account Settings page. We may terminate your Membership at any time, without prior notice. Even after Membership is terminated, this Agreement will remain in effect with respect to any further use of the Website.
Survival: Sections 5, 7 - 13 and 14 - 17 shall survive any termination of these Terms.
User may not assign, delegate, sub-contract or otherwise transfer this Agreement or any of its rights or obligations hereunder without the express written permission of FavRiver. Any assignment in violation of this Section shall be void and unenforceable. FavRiver may assign, delegate, sub-contract or transfer this Agreement or any of its rights or obligations hereunder. User hereby consents in advance to any such assignment, subcontract, or transfer.
These Terms will become effective upon acceptance and will continue in force until termination or expiration as provided herein. These Terms constitute the entire agreement between the parties with respect to the Website and Website Content and supersedes all proposals, warranties, prior agreements or any other communications between the parties relating to the subject matter of these Terms and any possibility of any collateral contract between the parties is excluded. These terms and conditions will be governed by and construed in accordance with the laws of France, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the French courts. User is responsible for compliance with all laws and regulations applicable to User wherever User is located. If any provision of these Terms is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of these Terms.
18. Statute of Limitations
You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the Services or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.