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Terms of Use

futz.me : Terms
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By using the Internet services and related features (the "Services") of Vinish International Ventures, Inc ("VIV" or "Vinish") you (the "Customer") agree to abide by the following Terms of Use (the "Agreement"). Please read these terms of service carefully as your use of the site and VIV's services constitutes acceptance of these terms of service. If you do not agree to the terms of service, do not use the site or services. VIV may, in its sole discretion, modify or revise these terms of service at any time by updating this web page. You are bound by any such modification or revision and should visit this page periodically to review the terms:

Services
VIV provides various services to Beta Customers, Developers, and Vendors as governed by your current current contract with VIV. We strive to make your experience a positive one. We are not responsible for any transaction that may occur between you and/or your company and a VIV participating supplier. VIV does not guarantee the quality, safety or legality of the information provided or the products and services sold. You should exercise as much caution as you would typically exercise with any purchase of products or services. Should you have a dispute with any supplier, you must address such dispute with the supplier directly. You hereby agree to release VIV (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes and your transactions with suppliers.


Usage of VIV Services
The content and software on this Site is the property of VIV and/or its suppliers and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Site. Furthermore, the Site is provided to you for your own personal use, and it may not be used for any commercial purposes. For example, you may not do any of the following: use the Site to sell a product or service; use the Site to increase traffic to your Web site for commercial reasons, such as advertising sales; take the results from the Site and reformat and display them, or mirror any portion of the Site on your Web site; or "meta-search" the Site. If you wish to use any portion of the Site for commercial purposes, please contact us for more information. Any use of the Site that infringes upon VIV's intellectual property rights or that is for commercial purposes will be investigated and VIV shall have the right to take appropriate civil and criminal legal action.


Contributions by users and Privacy
There are many opportunities within the Site for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to VIV (collectively "Information"). VIV shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with VIV as needed to obtain such protection as VIV may desire and you agree to assign your rights to such Information to VIV. Furthermore, VIV may share aggregate (not personally identifiable) Information with its business partners or other third parties. VIV will not, however, knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.


Customer Confidential Information
When using VIV services, you will be prompted to disclose certain information about yourself. This information will not be sent to any third parties. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or VIV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VIV has the right to refuse you any current or future use of the VIV services. You are responsible for any use of the VIV services by persons to whom you intentionally or negligently allow access to your password. Your acceptance of these Terms of Service indicates that you expressly consent to our use and disclosure of your personal information in accordance with our Privacy Policy.


Indemnification
Customer agrees to indemnify and hold harmless VIV, its officers, directors, employees and agents from any and all claims, demands, suits, or other proceedings brought by any individual or entity arising out of or in connection with Services rendered in association with Customer’s account. Neither party to this Agreement shall be responsible to or for the other for special, incidental or consequential damages, including but not limited to lost profits, in any manner related to this Agreement.


Links to 3rd Party Sites and Servers
There are links in the VIV web site that will allow you to leave VIV's web site. The linked sites are not under the control of VIV, and VIV is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. VIV is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by VIV of the site.


Warranty
VIV makes no warranty or representation expressed or implied, in fact or at law, regarding VIV services, any information, materials, goods, or services obtained through VIV, or that VIV services will meet customer requirements, or be uninterrupted, timely, secure, or error-free. VIV disclaims in full the warranties of merchantability and fitness for a particular purpose regarding the goods and services obtained by Customer pursuant to the Services rendered in association with Customer’s account. Use of VIV services are at customer's sole risk. VIV will not be liable for any indirect, incidental, special or consequential damages of any kind including but not limited to damages for loss of profits, use, data or other intangibles, even if VIV has been advised of the possibility of such damages resulting from any goods or services purchased or obtained by the Customer.


Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, then the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.


Entire Agreement
This Agreement and any documents and attachments referenced herein contain the entire agreement between the parties concerning the subject matter hereof; any representation or agreements, oral or otherwise, not embodied herein, are superseded by the terms hereof and shall be of no force or effect.


Compliance with Laws
Customer is solely responsible for the content of all alerts and other data sent through VIV. Customer shall comply with all applicable laws of any federal, state, local or other government or agency having jurisdiction over its business throughout the term of this Agreement.


Trademarks
Customer has no right or license to use any of the trademarks or trade names owned by, licensed to or associated with VIV without prior written notice from VIV.


Survival of Provisions
The provisions of this Agreement relating to confidential information, payments, warranties and indemnification shall survive termination of this Agreement.


Force Majeure
Either party's delay in performance or failure to perform under this Agreement shall be excused, where such delay or failure is caused by an act of God, flood, hurricane, fire or other like catastrophe, electrical, computer or mechanical failure, work stoppage, or acts of government or agencies thereof outside of the party's control.


Successors and Assigns
This Agreement shall bind and inure to the benefit of the successors and assigns of the respective parties hereto.


Governing Law
This Agreement will be governed by the laws of the State of New York. In the event of any dispute arising under this Agreement, the Federal District Court for the District of New York and the Supreme Court of the State of New York shall have co-exclusive jurisdiction.