(Effective as of January 10, 2006)
Please Read Carefully
This FOURARCES Terms of Use agreement (this “agreement”) is a
legal agreement between you and FOURARCES, Inc. (“FOURARCES”, “we”, “us” or
“our”) providing, among other things, the terms and conditions for your use of
our website accessible at
https://www.fourarces.com (the “site”).
We may from time to time modify these Terms of Use and will post
a copy of the amended agreement at
Fourarces Terms of Use If you do not agree to, or cannot comply with, the
agreement as amended, you should not use the site. You will be deemed to have
accepted the agreement as amended if you continue to use the site after any
amendments are posted on the site. We reserve the right to refuse to provide
our products and services to anyone at any time.
This agreement contains warranty and liability disclaimers. By
using this site, you accept and agree to the terms and conditions of this
agreement without any reservations, modifications, additions, or deletions. If
you do not agree to the Terms of Use contained in this agreement, you are not
authorized to use the site. You may be denied access to the site, with or
without prior notice to you if you do not comply with any provision of this
agreement.
1. Authorized users
1.1 Age requirement; authority. In order to use the site, you
must be at least 18 years of age. You represent that (i) you have read and
understood, and that you agree to be bound by, this agreement and (ii) you are
at least 18 years old. If you do not agree to, or cannot comply with, any of
these terms and conditions of this agreement, please do not attempt to access
this site.
1.2 Registration. We reserve the right to restrict certain areas
of information on this site to our approved registered users. In the event that
any area of the site requires you to register with us prior to our granting you
access to such areas of the site, you agree to provide truthful information,
including but not limited to a member name and password as well as your name,
address, telephone number and a valid email address (the “account
information”). You agree to provide accurate account information and to update
your account information as necessary to keep it accurate. FOURARCES will use
your account information in accordance with its privacy policy, as described
further in section 6 of this agreement. You are solely responsible for
maintaining the confidentiality of your member name and password. You agree to
notify us immediately of any unauthorized use of your member name, password or
account. FOURARCES will not be responsible for any losses arising out of the
unauthorized use of your account and you agree to indemnify and hold harmless FOURARCES,
its partners, parents, subsidiaries, agents, affiliates and/or licensors, as
applicable, for any improper, unauthorized or illegal uses of your account.
2. License to use the site
2.1 Grant of license. FOURARCES grants to you a limited,
non-exclusive, non-transferable license to access and use the site in
accordance with the terms and conditions set forth in this agreement. FOURARCES
reserves all right, title and interest not expressly granted under this license
to the fullest extent possible under applicable laws. Any use of the site not
specifically permitted under this agreement is strictly prohibited.
2.2 Restrictions. You agree that you will not: (i) use the site
to reproduce, transmit, display or distribute copyrighted material in any
medium or via any method without FOURARCES’s express written permission; (ii)
copy, store, edit, change, prepare any derivative work of or alter in any way
any of the content provided on this site; or (iii) use our site in any way that
violates the terms of this agreement. The site is owned by FOURARCES and is
protected by Dublin’s copyright laws and international treaty provisions. You
will not sublicense, assign, or transfer the license granted to you under this
agreement. Any attempt to sublicense, assign, or transfer any of the rights,
duties, or obligations in violation of the provisions of this agreement is
void.
3. Other restrictions
You agree that you will not: (a) impersonate any person or
entity or misrepresent your affiliation with any other person or entity; (b)
engage in spamming, flooding, harvesting of e-mail addresses or other personal
information, spidering, screen scraping, database scraping, or any other
activity with the purpose of obtaining lists of users or any other information,
including specifically, property listings available through the site; (c) send
chain letters or pyramid schemes via the site; or (d) attempt to gain
unauthorized access to other computer systems through the site. You agree that
you will not use the site in any manner that could damage, disable, overburden,
or impair the site or interfere with any other party’s use and enjoyment of the
site.
4. Copyrights and other intellectual property
4.1 As between you and FOURARCES, you acknowledge that FOURARCES
owns or has a license to all title and copyrights in and to the content
provided on this site. All title and intellectual property rights in and to any
licensed content provided on this site is the property of the respective
content owners and may be protected by applicable copyright or other
intellectual property laws and treaties and subject to use restrictions under
such laws or treaties.
4.2 Photos herein are the property of their respective owners and use of these images
without the express written consent of the owner is prohibited.
5. Trademarks and third-party trademarks
The following are registered trademarks or trademarks of FOURARCES:
FOURARCES and its design logo, as well as certain other FOURARCES trademarks,
service marks, graphics, and logos (collectively, the “FOURARCES trademarks”)
used in connection with FOURARCES’s provision of products and services. The
site may contain third-party trademarks, service marks, graphics, and logos.
You are not granted any right or license with respect to the FOURARCES
trademarks or the trademarks of any third party.
6. Privacy policy
Unless otherwise addressed in this agreement, your use of this
site is subject to FOURARCES’s privacy policy
, which is incorporated by reference and made a part of
this agreement. It is important that you read and understand the terms of FOURARCES’s
privacy policy. FOURARCES may cooperate with and disclose information
(including your account information) to any authority, government official or
third-party, without giving any notice to you, in connection with any
investigation, proceeding or claim arising from an asserted illegal action or
infringement whether related or unrelated to your use or misuse of this site.
7. Submissions or other information
If you submit to us or post on the site any property listing,
testimonial, comment, review, suggestion or any work of authorship
(collectively a “submission”) including, without limitation, submissions about
any of our products or services, such submission will not be confidential or
secret, and may be used by us in any manner. Please do not submit or send any
submission to us that you consider contains confidential or proprietary
information. No submission sent to us will be considered or treated as
confidential information. We do not pre-screen submissions and we will have no
obligation to read any particular submission submitted or sent to us. By
submitting or sending a submission to us, you: (i) represent and warrant that
the submission is original to you, that no other party has any rights thereto,
and that any “moral rights” in such submission have been waived, and (ii) you
grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable,
non-exclusive and fully transferable, assignable and sub licensable right and
license to use, reproduce, publish, distribute, display, translate, summarize,
modify and adapt such submission (in whole or part) and/or to incorporate it in
other works in any form, media, or technology now known or later developed, in
our sole discretion, with or without your name.
8. Term
This agreement will remain effective until terminated by you or
terminated by us.
9. Disclaimers
9.1 The site (including all of its content) is provided to you
“as is.” Any use of this site is at your own risk. To the maximum extent
permitted by applicable law, FOURARCES disclaims all warranties, either express
or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement. FOURARCES
makes no representations, warranties or guarantees that this site will be free
from loss, destruction, damage, corruption, attack, viruses, interference,
hacking, or other security intrusion, and FOURARCES disclaims any liability
relating thereto.
9.2 FOURARCES makes no representations, warranties or guarantees
that use or results of the use of the site (including all of its content) is or
will be accurate, reliable, current, uninterrupted or without errors. Without
prior notice, FOURARCES may modify, suspend, or discontinue any aspect or
feature of this site or your use of this site. If FOURARCES elects to modify,
suspend, or discontinue the site, it will not be liable to you or any third
party.
9.3 You acknowledge that your submission of any information to
us is at your own risk. FOURARCES does not assume any liability to you with
regard to any loss or liability relating to such information in any way.
9.4 Some of the content, products, and services available
through the FOURARCES site may include materials that belong to third parties.
You acknowledge that FOURARCES assumes no responsibility for such content,
products or services.
10. Limitation of liability
In no event will FOURARCES be liable to you for indirect,
general, special, incidental, consequential, exemplary or other damages
(including, without limitation, damages for loss of profits, business
interruption, corruption of files, loss of business information or any other
pecuniary loss) even if FOURARCES has been advised of the possibility of such
damages. No oral or written information or advice given by FOURARCES or others
will create a warranty and neither you nor any third party may rely on any such
information or advice. Some jurisdictions do not allow the exclusion of implied
warranties or limitation or exclusion of liability for incidental or
consequential damages, so the above exclusions and limitations may or may not
apply to you.
11. Indemnity
You will indemnify and hold FOURARCES, its directors, officers,
employees, affiliates, agents, contractors, and licensors harmless with respect
to any suits or claims arising out of (i) your breach of this agreement,
including, but not limited to, any infringement by you of the copyright or
intellectual property rights of any third party; or (ii) your use or misuse of
the site.
12. General
12.1 You will be responsible for providing the dial-up, DSL,
cable modem or other form of Internet access and any other hardware and
software necessary to access and use the site.
12.2 FOURARCES complies with all applicable laws, including, but
not limited to, privacy laws and individual state laws with respect to the sale
or lease of real property. You agree that you will comply with all such laws
applicable to you.
12.3 FOURARCES or its business partners may present
advertisements or promotional materials on or through the site. Your dealings
with, or participation in promotions of, any third-party advertisers on or
through the site are solely between you and such third party and your
participation is subject to the terms and conditions associated with that
advertisement or promotion. You agree that FOURARCES is not responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such third party materials on the
site.
12.4 FOURARCES may send notices to you with respect to your use
of the site by sending an email message to the email address listed in your
account information, by sending a letter via mail to the contact address
listed in your account information, or by a posting a note on the site when you
access your account. You agree that we may provide notice to you through such
means. Unless otherwise stated in the notices, the notices will become
effective immediately.
12.5 General contact information. For questions regarding this
site or your use of this site, please email us at WebMarketing@Fourarces.com.
You acknowledge that you have read this agreement, understand it and
will be bound by its terms and conditions. You further acknowledge that this
agreement represents the complete and exclusive statement of the agreement
between us and that it supersedes any proposal or prior agreement oral or
written, and any other communications between us relating to the subject matter
of this agreement.
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