Finvillage.com is an Aquarium and Aquaculture hobby and industry related
social and business networking service that allows Members to create unique
personal profiles online in order to find and communicate with old and new
friends and business partners. The services offered by Finvillage.com
("Finvillage.com" or "we") include the Finvillage.com
website (the "Finvillage Website"), the Finvillage.com Internet
messaging service, and any other features, content, or applications offered
from time to time by Finvillage.com in connection with the Finvillage Website
(collectively, the "Finvillage Services"). The Finvillage Services
are hosted in the U.S and may or may not host Finvillage services outside the
US in times to come.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the Finvillage Services. By using the Finvillage
Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the Finvillage Website)
or you are a "Member" (which means that you have registered with
Finvillage.com). The term "User" refers to a Visitor or a Member. You
are only authorized to use the Finvillage Services (regardless of whether your
access or use is intended) if you agree to abide by all applicable laws and to
this Agreement. Please read this Agreement carefully and save it. If you do not
agree with it, you should leave the Finvillage Website and discontinue use of
the Finvillage Services immediately. If you wish to become a Member,
communicate with other Members and make use of the Finvillage Services, you
must read this Agreement and indicate your acceptance during the Registration
process.
This Agreement includes Finvillage.com's policy for acceptable use of the
Finvillage Services and Content posted on the Finvillage Website, your rights,
obligations and restrictions regarding your use of the Finvillage Services and
Finvillage.com’s Privacy Policy. In order to participate in certain Finvillage
Services, you may be notified that you are required to download software or
content and/or agree to additional terms and conditions. Unless otherwise
provided by the additional terms and conditions applicable to the Finvillage
Services in which you choose to participate, those additional terms are hereby
incorporated into this Agreement.
Finvillage.com may modify this Agreement from time to time and such
modification shall be effective upon posting by Finvillage.com on the
Finvillage Website. You agree to be bound to any changes to this Agreement when
you use the Finvillage Services after any such modification is posted. It is
therefore important that you review this Agreement regularly to ensure you are
updated as to any changes.
Please choose carefully the information you post on Finvillage.com and that
you provide to other Users. Your Finvillage profile may not include the
following items: telephone numbers, street addresses, last names, and any
photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter. This is
a family friendly website. Let us put it this way: Ifits inappropriate for your child to see it, don’t put it there.
Despite this prohibition, information provided by other Finvillage.com Members
(for instance, in their Profile) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services, and
Finvillage.com assumes no responsibility or liability for this material. If you
become aware of misuse of the Finvillage Services by any person, please contact
Finvillage immediately and report it.
Finvillage.com reserves the right, in its sole discretion, to reject, refuse
to post or remove any posting (including private messages) by you, or to
restrict, suspend, or terminate your access to all or any part of the
Finvillage Services at any time, for any or no reason, with or without prior
notice, and without liability. Finvillage expressly reserves the right to
remove your profile and/or restrict, suspend, or terminate your access to any
part of Finvillage Services if Finvillage determines, in its sole discretion,
that you pose a threat to Finvillage and/or its Users.
Eligibility.
Use of and Membership in the Finvillage Services is void where prohibited.
By using the Finvillage Services, 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 14 years of age or
older; and (d) your use of the Finvillage Services does not violate any
applicable law or regulation. Your profile may be deleted and your
Membership may be terminated without warning, if we believe that you are
under 14 years of age; and (e) if you want to use the Finvillage.com’s
auction and classified services you HAVE to be 18 years and over. There
are no exceptions to this rule.
Term. This
Agreement shall remain in full force and effect while you use the
Finvillage Services or are a Member. You may terminate your Membership at
any time, for any reason, by following the instructions on the Account
Settings page. Finvillage.com may terminate your Membership at any time,
without warning. Even after Membership is terminated, this Whole Agreement
will remain in effect.
Fees. You
acknowledge that Finvillage.com reserves the right to charge for the
Finvillage Services and to change its fees, if any from time to time in
its discretion. If Finvillage.com terminates your Membership because you
have breached the Agreement, you shall not be entitled to the refund of
any unused portion of any fees, including the fees paid for premium
auction and classified services.
Password.
When you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the confidentiality
of your password. You agree not to use the account, username, or password
of another Member at any time or to disclose your password to any third
party. You agree to notify Finvillage.com immediately if you suspect any
unauthorized use of your account or access to your password. You are
solely responsible for any and all use of your account.
Commercial Use by
Members. The Finvillage Services are for the personal and
commercial use of Members only and may not be used in connection with any
commercial endeavors of websites competing with Finvillage.com, except
those that are specifically endorsed or approved by Finvillage.com.
Illegal and/or unauthorized use of the Finvillage Services, including
collecting usernames and/or email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorized
framing of or linking to the Finvillage Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be
removed from Member profiles without notice and may result in termination
of Membership privileges. Appropriate legal action will be taken for any
illegal or unauthorized use of the Finvillage Services.
Proprietary Rights in
Content on Finvillage.com.
Finvillage.com does
not claim any ownership rights in the text, files, images, photos, works
of authorship, or any other materials (collectively, "Content")
that you post to the Finvillage Services. After posting your Content to
the Finvillage Services, you continue to retain all ownership rights in
such Content, and you continue to have the right to use your Content in
any way you choose. By displaying or publishing ("posting") any
Content on or through the Finvillage Services, you hereby grant to
Finvillage.com a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content solely on and
through the Finvillage Services.
Without this license, Finvillage.com would be
unable to provide the Finvillage Services. For example, without the right to
modify Member Content, Finvillage.com would not be able to digitally compress
picture files that Members submit or otherwise format Content to satisfy
technical requirements, and without the right to publicly perform Member
Content, Finvillage.com could not allow Users to see photos and other content
posted by Members. The license you grant to Finvillage.com is non-exclusive
(meaning you are free to license your Content to anyone else in addition to Finvillage.com),
fully-paid and royalty-free (meaning that Finvillage.com is not required to pay
you for the use on the Finvillage Services of the Content that you post),
sublicensable (so that Finvillage.com is able to use its affiliates and
subcontractors such as Internet content delivery networks to provide the
Finvillage Services), and worldwide (because the Internet and the Finvillage
Services are global in reach). This license will terminate at the time you
remove your Content from the Finvillage Services. The license does not grant
Finvillage the right to sell your Content, nor does the license grant
Finvillage.com the right to distribute your Content outside of the Finvillage
Services.
You represent and
warrant that: (I) you own the Content posted by you on or through the
Finvillage Services or otherwise have the right to grant the license set
forth in this section, and (ii) the posting of your Content on or through
the Finvillage Services does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies owing any
person by reason of any Content posted by you to or through the
Finvillage Services.
The Finvillage
Services contain Content of Finvillage.com ("Finvillage.com
Content"). Copyright, trademark, patent, trade secret and other laws
protect Finvillage.com Content, and Finvillage.com owns and retains all
rights in the Finvillage.com Content and the Finvillage Services. Finvillage.com
hereby grants you a limited, revocable, nonsublicensable license to
reproduce and display the Finvillage.com Content (excluding any software
code) solely for your personal use in connection with viewing the
Finvillage Website and using the Finvillage Services.
The Finvillage
Services contain Content of Users and other Finvillage.com licensors.
Except for Content posted by you, you may not copy, modify, translate,
publish, broadcast, transmit, distribute, perform, display, or sell any
Content appearing on or through the Finvillage Services.
Content Posted.
Finvillage.com may
delete any Content that in the sole judgment of Finvillage.com violates
this Agreement or which may be offensive, illegal or violate the rights,
harm, or threaten the safety of any person. Finvillage.com assumes no
responsibility for monitoring the Finvillage Services for inappropriate
Content or conduct. If at any time Finvillage.com chooses, in its sole
discretion, to monitor the Finvillage Services, Finvillage.com
nonetheless assumes no responsibility for the Content, no obligation to
modify or remove any inappropriate Content, and no responsibility for the
conduct of the User submitting any such Content.
You are solely
responsible for the Content that you post on or through any of the Finvillage
Services, and any material or information that you transmit to other
Members and for your interactions with other Users. Finvillage.com does
not endorse and has no control over the Content. Content is not
necessarily reviewed by Finvillage.com prior to posting and does not
necessarily reflect the opinions or policies of Finvillage.com.
Finvillage.com makes no warranties, express or implied, as to the Content
or to the accuracy and reliability of the Content or any material or
information that you transmit to other Members.
Content/Activity
Prohibited. The following is a partial list of the kind of
Content that is illegal or prohibited to post on or through the Finvillage
Services. Finvillage.com reserves the right to investigate and take
appropriate legal action against anyone who, in Finvillage.com’s sole
discretion, violates this provision, including without limitation,
removing the offending communication from the Finvillage Services and
terminating the Membership of such violators. Prohibited Content includes,
but is not limited to Content that, in the sole discretion of
Finvillage.com:
Is patently offensive
and 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;
Solicits personal
information from anyone under 18;
Provides any telephone
numbers, street addresses, last names, URLs or email addresses;
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 Users;
Involves commercial
activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes;
Includes a photograph
of another person that you have posted without that person's consent; or
Uses sexually
suggestive imagery or any other unfair, misleading or deceptive Content
intended to draw traffic to the profile.
The following is a partial list of the kind of
activity that is illegal or prohibited on the Finvillage Website and through
your use of the Finvillage Services. Finvillage.com reserves the right to
investigate and take appropriate legal action against anyone who, in
Finvillage.com’s sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities. Prohibited activity
includes, but is not limited to:
Criminal or tortuous
activity, including child pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
Advertising to, or
solicitation of, any Member to buy or sell any products or services
through the Finvillage Services. You may not transmit any chain letters
or junk email to other Members. It is also a violation of these rules to
use any information obtained from the Finvillage 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, Finvillage.com reserves the right to restrict the number
of emails, which a Member may send to other Members in any 24-hour period
to a number which Finvillage.com, deems appropriate in its sole
discretion. If you breach this Agreement and send unsolicited bulk email,
instant messages or other unsolicited communications of any kind through
the Finvillage Services, you acknowledge that you will have caused
substantial harm to Finvillage.com, but that the amount of such harm
would be extremely difficult to ascertain. As a reasonable estimation of
such harm, you agree to pay Finvillage.com $100 for each such unsolicited
email or other unsolicited communication you send through the Finvillage
Services;
Covering or obscuring
the banner advertisements on your personal profile page, or any
Finvillage.com page via HTML/CSS or any other means;
Interfering with,
disrupting, or creating an undue burden on the Finvillage Services or the
networks or services connected to the Finvillage Services;
Attempting to
impersonate another Member or person;
Using 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 profile;
Using any information
obtained from the Finvillage Services in order to harass, abuse, or harm
another person;
Using the Finvillage
Services in a manner inconsistent with any and all applicable laws and
regulations.
Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the
owner of such proprietary rights. It is the policy of Finvillage.com to
terminate Membership privileges of any Member who repeatedly infringes the
copyright rights of others upon receipt of proper notification to
Finvillage.com by the copyright owner or the copyright owner's legal
agent. Without limiting the foregoing, if you believe that your work has
been copied and posted on the Finvillage Services in a way that
constitutes copyright infringement, please provide us with the following
information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is
located on the Finvillage Services; (iv) your address, telephone number,
and email address; (v) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; (vi) a statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf.
Member Disputes.
You are solely responsible for your interactions with other Finvillage.com
Members. Finvillage.com reserves the right, but has no obligation, to
monitor disputes between you and other Members.
Privacy. Use
of the Finvillage Services is also governed by our Privacy Policy, which
is incorporated into this Agreement by this reference.
Disclaimers.
Finvillage.com is not responsible for any incorrect or inaccurate Content
posted on the Finvillage Website or in connection with the Finvillage
Services, whether caused by Users of the Finvillage Services or by any of
the equipment or programming associated with or utilized in the Finvillage
Services. Profiles created and posted by Members on the Finvillage Website
may contain links to other websites. Finvillage.com is not responsible for
the Content, accuracy or opinions expressed on such websites, and such
websites are in no way investigated, monitored or checked for accuracy or
completeness by Finvillage.com. Inclusion of any linked website on the
Finvillage Services does not imply approval or endorsement of the linked
website by Finvillage.com. When you access these third-party sites, you do
so at your own risk. Finvillage.com takes no responsibility for third
party advertisements which are posted on this Finvillage Website or
through the Finvillage Services, nor does it take any responsibility for
the goods or services provided by its advertisers. Finvillage.com is not
responsible for the conduct, whether online or offline, of any User of the
Finvillage Services. Finvillage.com assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or Member
communication. Finvillage.com is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of
any email due to technical problems or traffic congestion on the Internet
or on any of the Finvillage Services or combination thereof, including any
injury or damage to Users or to any person's computer related to or
resulting from participation or downloading materials in connection with
the Finvillage Services. Under no circumstances shall Finvillage.com be
responsible for any loss or damage, including personal injury or death,
resulting from use of the Finvillage Services, attendance at a
Finvillage.com event, from any Content posted on or through the Finvillage
Services, or from the conduct of any Users of the Finvillage Services,
whether online or offline. The Finvillage Services are provided
"AS-IS" and as available and Finvillage.com expressly disclaims
any warranty of fitness for a particular purpose or non-infringement.
Finvillage.com cannot guarantee and does not promise any specific results
from use of the Finvillage Services.
Limitation on
Liability. IN NO EVENT SHALL FINVILLAGE.COM BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF FINVILLAGE.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, FINVILLAGE.COM'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FINVILAGE.COM FOR THE
FINVILLAGE SERVICES DURING THE TERM OF MEMBERSHIP.
Export and Import
Controls of the US and other countries. It is illegal to deal in
endangered species. It is the
responsibility of the seller and buyer to comply with all governmental
laws and regulations of the local country. Finvillage.com does not condone
any illegal activities of its sellers and buyers. When buying from a
country other than your own, you should check import restrictions prior to
bidding and buying on Finvillage.com auction and classified services.
Disputes. If there is any
dispute about or involving the Finvillage Services, you agree that the
dispute shall be governed by the laws of the State of Virginia, USA,
without regard to conflict of law provisions and you agree to exclusive
personal jurisdiction and venue in the state and federal courts of the
United States located in the State of Virginia, City of Alexandria. Either
Finvillage.com or you may demand that any dispute between Finvillage.com
and you about or involving the Finvillage Services must be settled by arbitration.
Indemnity.
You agree to indemnify and hold Finvillage.com, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use
of the Finvillage Services in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your representations
and warranties set forth above and/or if any Content that you post on the
Finvillage Website or through the Finvillage Services causes
Finvillage.com to be liable to another.
Other. This
Agreement is accepted upon your use of the Finvillage Website or any of
the Finvillage Services and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and
Finvillage.com regarding the use of the Finvillage Services. The failure
of Finvillage.com to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no
legal or contractual effect. Finvillage.com is a trademark of Ashwinco
LLC. This Agreement operates to the fullest extent permissible by law. If
any provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
Please contact us at: Finvillage.com with any questions regarding this
Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
