1.WarningsFacinity is a social networking websites hub where member can tell to friends what they are doing in other social networks. Facinity has designed, developed and runs an innovative and original Virtual aquarium (hereafter referred to as "Social networking websites hub") which allows to animate a fish in a member aquarium and which is accessible via the URL www.facinity.com These Terms of Use (the "Terms" or "Terms of Use") apply to the use of www.facinity.com and member in the Social networking websites hub strongly recommends that users under the age of 18 and their parents ensure that a parental control system provided by an Internet Service Provider is activated on their computer. A parental control system is a software device which allows parents to monitor or limit their child's access to the Internet by defining access rights to websites and online services such as discussion forums, chat sites and instant messaging services on the basis of their age, maturity and experience on the Internet. Users and members are reminded that due to the lack of reliability of Internet networks generally, Social networking websites hub cannot guarantee uninterrupted access to the Social networking websites hub or its performance in terms of volume and data transfer speeds. Social networking websites hub reminds users and users and members of their obligation to respect third party rights, in particular in respect of trademarks, copyright, and privacy, as well as the legal and regulatory provisions that are applicable to the Internet. Social networking websites hub does not guarantee any result of any sort by applying the information and advice provided by it. The member therefore agrees that Social networking websites hub shall not be liable for the Member's use of the information or advice provided in the framework of the Social networking websites hub, and accepts that the member is the sole person controlling and managing the information and advice used, and responsible for using this information and advice. Having knowledge of all the information required for use of the website and the Social networking websites hub. 2. Site Terms of Use ModificationsWe reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE FACINITY SERVICE. YOUR CONTINUED USE OF THE FACINITY SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.3. Copyright and other intellectual propertyThe intellectual property rights over all elements for the creation of the social networking websites hub, irrespective of whether they are graphic or technical. Facinity contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, and graphics, and may in future include video, graphics, music and sound ('Content'). The Content is protected by copyright law, registered and unregistered trade marks, database rights and other intellectual property rights.4. Eligibility and RegistrationYou must be 13 years or older to use the Social networking websites hub. By registering for the Social networking websites hub, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of use. Accounts ("Account" or "Accounts") as used herein is defined as the account that results from registering for any service with Social networking websites hub. When you complete a registration process, you create an Account and you become a Member ("Member"). Your Account allows you to participate in specific activities on Social networking websites hub. To create an account, you must enter an email, username and password. Your username is your Social networking websites hub identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms of use. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Accounts.
5. Online conductOnline conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on Facinity. You must also obey rules for use of third party tools and services, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of Social networking websites hub and cooperate with law enforcement for illegal behavior. You will violate the Terms of use if you (or others using your account) do any of the following:
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them. 6. LimitationsIn no event shall or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on 's Internet site, even if or a authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 7. Warranty DisclaimerYOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FACINITY.COM, AND ANY, SUBSIDIARY, AFFILIATE, OWNER OF FACINITY.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FACINITY.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED ADDED BY FACINITY OR BY FACINITY MEMBERS TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOCIAL NETWORKING WEBSTES HUB, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. FACINITY.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FACINITY.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.8. Governing LawAny claim relating to Facinity.com shall be governed by the French laws without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site. | |