These Terms and Conditions
of Use (the “Terms of Use”) apply to the Feitosa web site
located at www.feitosalife.com (the “Site”). |
The Site is the property
of Feitosa, Inc.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT
AGREE, DO NOT USE THE SITE.
COPYRIGHT NOTICE
This Site is © 2006 Copyright Feitosa, Inc. except as provide for
herein |
| The Site These Terms of Service
apply to all users of the Site, including users who are also contributors
of video content, information, and other materials or services on
the Site. The Site may contain links to third party websites that
are not owned or controlled by us. We have no control over, and assume
no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, we will not and cannot censor
or edit the content of any third-party site. By using the Site, you
expressly relieve us from any and all liability arising from your
use of any third-party website. Accordingly, we encourage you to be
aware when you leave the Site and to read the terms and conditions
and privacy policy of each other website that you visit. |
Site Access We hereby grants
you permission to use the Site as set forth in this Terms of Use,
provided that: (i) your use of the Site as permitted is solely for
your personal, noncommercial use; (ii) you will not copy or distribute
any part of the Site in any medium without our prior written authorization;
(iii) you will not alter or modify any part of the Site other than
as may be reasonably necessary to use the Site for its intended purpose;
and (iv) you will otherwise comply with the terms and conditions of
these Terms of Use. |
Intellectual
Property Rights
The content on the Site, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein ("Marks"),
are owned by or licensed to us, subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Content on the Site is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. We reserve all rights
not expressly granted in and to the Site and the Content. You agree
to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying,
or distribution of User Submissions of third parties obtained through
the Site for any commercial purposes. If you download or print a copy
of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the
Site or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Site or the Content therein.
|
User
Submissions
The Site may now or in the future permit the submission of videos
or other communications submitted by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of such User Submissions.
You understand that whether or not such User Submissions are published,
we do not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. In connection with
User Submissions, you affirm, represent, and/or warrant that: (i)
you own or have the necessary licenses, rights, consents, and permissions
to use and authorize us to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Use. For clarity, you
retain all of your ownership rights in your User Submissions. However,
by submitting the User Submissions to us, you hereby grant us a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works of, display,
and perform the User Submissions in connection with the Site. You
also hereby grant each user of the Site a non-exclusive license to
access your User Submissions through the Website, and to use, reproduce,
distribute, prepare derivative works of, display and perform such
User Submissions as permitted through the functionality of the Site
and under these Terms of Service.
In connection with User Submissions, you further agree that you will
not: (i) submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights
or have permission from their rightful owner to post the material
and to grant us all of the license rights granted herein. We do not
permit copyright infringing activities and infringement of intellectual
property rights on the Site, and we will remove all Content and User
Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. |
Warranty
Disclaimer
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE
AND ASSUME 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 SITE. |
Limitation
of Liability
IN NO EVENT SHALL FEITOSA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION. |
Indemnity
You agree to defend, indemnify and hold harmless Feitosa, Inc., its
parent corporation, officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Site; (ii) your
violation of any term of these Terms of Use; (iii) your violation
of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your User
Submissions caused damage to a third party. |
General
You agree that: (i) Feitosa, Inc. shall be deemed solely based in
California. These Terms of Use shall be governed by the internal substantive
laws of the State of California, without respect to its conflict of
laws principles. Any claim or dispute between you and Feitosa, Inc.
that arises in whole or in part from the Site shall be decided exclusively
by a court of competent jurisdiction located in Los Angeles County,
California. If any provision of these Terms of Use is deemed invalid
by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. Feitosa,
Inc. reserves the right to amend these Terms of Use at any time and
without notice, and it is your responsibility to review these Terms
of Use for any changes. Your use of the Site following any amendment
of these Terms of Use will signify your assent to and acceptance of
its revised terms.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. |
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