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Legal
Statement and Copyright Notice The
contents of the FKKTOUR Internet service ("the Service")
are intended for the personal, noncommercial use of its users.
All materials published on the Site (including, but not limited
to news articles, photographs, images, illustrations, audio
clips and video clips (collectively, the "Content")
are protected by copyright, trademark and all other applicable
intellectual property laws, and are owned or controlled by FKKTOUR
Enterprises International, Inc. or the party credited as the
provider of such Content, software or other materials. You shall
abide by copyright or other notices, information and restrictions
appearing in conjunction with any Content accessed through the
Service. This Site makes available chat rooms, forums, message boards, and/or news groups to its users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through the Service any content which is libelous, defamatory, obscene, pornographic, profane, funually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. FKKTOUR does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by FKKTOUR in any manner, pursuant to Section 1.4, above. The Public Forums shall be used only in a noncommercial manner. You shall not, without the express approval of FKKTOUR, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with FKKTOUR and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, FKKTOUR reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. 3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS The Site contains links to other related World Wide Web Internet sites, resources and sponsors of FKKTOUR. Selection of an ad banner or link will redirect you off of the Site to a third party Web site. Interactions that occur between you and the third party are strictly between the you and such third party and are not the responsibility of FKKTOUR. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. FKKTOUR does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site. 4. REPRESENTATIONS AND WARRANTIES You represent, warrant and covenant (a) that no materials of any kind submitted by you or FKKTOUR’s use thereof in accordance with the terms and conditions of these Terms of Service, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold FKKTOUR and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. FKKTOUR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of FKKTOUR without FKKTOUR’s prior written approval. FKKTOUR neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. THE SITE, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY FKKTOUR OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS IS." FKKTOUR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. FKKTOUR DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE. You hereby acknowledge that the use of the Site and the Services available therein is at your sole risk. 5. LIMITATION OF LIABILITY FKKTOUR
SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE,
THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY FKKTOUR
OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN
PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS
OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF
FKKTOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
OR LOSS. Some jurisdictions may not allow the exclusion or limitation
of incidental or consequential damages, so the above exclusions
shall only apply to the extent permissible under applicable
law. 6. SOFTWARE LICENSES You acknowledge and agree that you shall have no rights to the proprietary software and/or any related documentation, enhancements or modifications thereto, provided to you to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted to you by FKKTOUR, and any attempt at such sublicense, assignment or transfer is void. You may make one (1) copy of such software for archival purposes only. You may not copy, distribute, modify, reverse, engineer or create derivative works from the Access Software. 7. SYSTEM INTEGRITY You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service. 8. TERMINATION FKKTOUR
may, in its sole discretion, terminate or suspend your access
or refuse service at any time, without notice, to all or part
of the Service for any or no reason, including, without limitation,
breach of these Terms of Service or the repeated infringement
of copyrights owned by third parties. 9. RISK OF LOSS All
items purchased from the Site are made pursuant to a shipment
contract. This means that the risk of loss and title for such
items passes to you upon our delivery to the carrier. FKKTOUR and its affiliates attempt to describe all of the products on the Site as accurately as possible. However, FKKTOUR does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. If a product offered on our Site itself is not as described, your sole remedy is to return it in unused condition. 11. MISCELLANEOUS This
Agreement has been made in and shall be construed and enforced
in accordance with Illinois law without regard to any conflict
of law provisions. FKKTOUR makes no representation that the
Content in this Site is appropriate for access outside of the
United States. Those who choose to access this Site from outside
the United States do so on their own initiative and are responsible
for compliance with local laws. You agree that any action to
enforce this agreement shall be brought in the federal or state
courts located in Chicago, Illinois. |
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Copyright 1995 - 2013 |
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