Farewell 43 Terms Of Use
Introduction
Please read these Terms of Use (”Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by Farewell 43, including information, text, images, graphics, data, user content submissions, or other materials (”Content”) and products and services provided through www.Farewell43.com and The Wearwell 43 Shop as well as all elements, software, programs and code forming or incorporated in to www.Farewell43.com (the “Service”), also referred to in these Terms as “we”, “our”, and “us”.By using Farewell 43, you agree to be bound by Section I of these Terms (”General Terms”), which contains provisions applicable to all users of our Service, including visitors to the Farewell 43 website (the “Site”). If you choose to submit a message or comment or photograph or purchase product from the Wearwell 43 Shop, you will be asked to check a box indicating that you have read, and agree to be bound by, the Farewell 43 Submission Policy and Terms of Use which includes the additional terms set forth in Section II of these Terms (”Additional Terms”).
Section I: General Terms
1. Availability
This Service is provided by Farewell 43 on an “AS IS” and “AS AVAILABLE” basis and Farewell 43 reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Farewell 43 is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
Farewell 43 has a firm commitment to safeguarding your privacy. Please review Farewell 43’s Privacy Policy. The terms of Farewell 43’s privacy policy are incorporated into, and form a part of, these Terms.
3. Trademarks
All brand, product and service names used in this Service which identify Farewell 43, Wearwell 43, or third parties and their products and services are proprietary marks of Farewell 43 and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Farewell 43 or any third party with respect to any such image, logo or name.
4. Copyright
Farewell 43 is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Farewell 43. You agree not to distribute any part of the Service in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
5. Content Submission
By making a Submission, including but not limited to messages, message comments, or photographs, you are granting Farewell 43 a worldwide, royalty free, perpetual, unrestricted, irrevocable, and fully sublicensable right and license to use, copy, distribute, transmit, publicly display or perform, reproduce, edit, modify, translate and reformat your Submission (in whole or in part) worldwide in any form of media or technology now known or later developed or invented. You also represent and warrant 1) that you are at least 18 years old and 2) that your Submission does not violate the rights of any other person or entity. You will not receive any compensation for your Submission or for granting any of these rights. Farewell 43 is not obligated to use your Submission or to mention your name.
6. Close Of Submissions
Messages submissions will close upon the inauguration of the 44th President of the United States: January 20, 2009.
7. Reporting Copyright Violations
Farewell 43 will remove any Content that has been submitted under false pretense or without the permission of the actual copyright owner. If you believe there is content on Farewell 43 which contains copyrighted material submitted without the permission of the owner, please contact us by following this procedure:
For A Message Or Comment:
- Go to the Message or Comment in question
- Click the “Email This Message” link located under the message title to the right.
- Fill out the form and state what you believe the problem is. If reporting a comment, state the number of the comment you are reporting.
- Email the message to contentpolice@Farewell43.com
Please include your return email address in the message.
For a Photograph:
- Include the photograph in question in an email along with any information such as the photo name, caption, and author (so we can find the photo in our system)
- Send the email to contentpolice@farewell43.com
With your report, please provide:
- Proof of any infringement
- Identification of the copyrighted work(s) claimed to have been infringed.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. External Links
Farewell 43 may provide links to third-party websites or resources either through advertising or as part of the message or comment submissions. You acknowledge and agree that Farewell 43 is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Farewell 43 of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Farewell 43 that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Farewell 43 does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Farewell 43, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
10. Disclaimer of Warranty and Limitation of Liability
FAREWELL 43 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FAREWELL 43 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. FAREWELL 43 MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT FAREWELL 43 IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, FAREWELL 43 SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FAREWELL 43 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FAREWELL 43′S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO FAREWELL 43 PURSUANT TO THIS AGREEMENT.
11. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. We will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
12. General
These Terms constitute the entire agreement between Farewell 43 and you with respect to your use of the Service. Farewell 43’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Farewell 43 shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Farewell 43. These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.
13. Comments
If you have any comments or questions about the Service please contact us by email at www.farewell43.com/contact
Section II: Additional Terms
14. Minimum Age
To submit content to Farewell 43 you must be of the legal of age required to enter into and form contracts under applicable law (18 years in the United States). Minors may not submit Content to the Service unless it is with the specific permission and under the direct supervision of their legal guardian.
15. Personal Information
When you submit Content to Farewell 43 you will be asked to provide your real name and real email address. You agree to provide your real name and a real, functioning email address where Farewell 43 can contact you if needed. Should any of the personal information you provide to Farewell 43 be false, your Content will be removed from Farewell 43.
16. Submitting Content
You are granted the privilege of submitting messages, comments, and photographs (”Your Content”), to Farewell 43. Prior to submitting Your Content, you must accept the terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, these Terms of Use. Should you breach the Farewell 43 Submission Policy or Terms of Use, Farewell 43 can without notice delete Your Content and block you from using the website.
17. Content Ownership
All Content submitted to Farewell 43 is voluntarily donated upon submission to Farewell 43 and from the moment submission is received onward transfers to Farewell 43 full and unrestricted rights as stated in these Terms, Section 1, Part 5.
18. Monitoring Content
Farewell 43 has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
19. Storage Policy
Farewell 43 stores all content on its servers or the servers of its Vendors. Farewell 43 may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted for storage of Content on Farewell 43’s servers. This may remove some content from public view. Without limiting the generality of Section 9, Farewell 43 shall have no responsibility or liability for the deletion, accidental or otherwise, or failure to store any Content maintained on the Service. You further acknowledge that Farewell 43 reserves the right to modify its storage policies from time to time, with or without notice to you.
20. Conduct
You agree to be subject to and to conduct yourself in accordance with Farewell 43 policies including but not limited to the Submission Policy and Etiquette Policy. You are responsible for all of Your Content you upload, download, or otherwise distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
• for any unlawful purposes;
• to upload, post, or otherwise transmit any material that is obscene, pornographic, unlawful, harmful, destructive, an invasion of privacy or publicity rights, or otherwise illegal;
• to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist’s right of any third party including, but not limited to, Farewell 43;
• to upload, post, or otherwise transmit any material that violates any law of The United States Of America;• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• to upload, post, or otherwise transmit any material which is likely to cause harm to Farewell 43 or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
• for any commercial purpose, except as expressly permitted under these Terms;
• to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Farewell 43 by hyperlink and not to compete with Farewell 43.
21. Suspension, Termination of Access, Deletion of Content
You agree that Farewell 43 may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your access and delete any Content stored on the Farewell 43 Site, in Farewell 43’s sole discretion, if you fail to comply with the Farewell 43 Terms of Use or applicable law.
22. The Farewell 43 Book
In addition to being a public forum and service, Farewell 43 is a creative art and book project with the final scope, configuration, and content of the Farewell 43 book to be determined at the sole discretion of Farewell 43.Farewell 43 makes no promise or guarantee or insinuation regarding the inclusion or exclusion of any Content in the Farewell 43 book. Neither do we make any promise or suggestion of exactly what the final design or form of the book may or may not be or the amount or kind of Content that may or may not be published. Neither do we make any promise or suggestion or insinuation as to what any final editing process or criteria may be.
23. Product Purchases from the Wearwell 43 Shop
From time to time, Farewell 43 may make certain products available for purchase through the Warewell 43 Shop.All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.Generally, Farewell 43 accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact Farewell 43 at http://www.Farewell43.com/contact and send us a message explaining your situation. We will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgment. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Farewell 43 on returned items, and Farewell 43 will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at Farewell 43’s discretion. If your return merchandise is accepted, we will post a credit to the same credit card which was used to make the purchase.EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ANY PRODUCT PURCHASED THROUGH FAREWELL 43 AT THE WEARWELL 43 SHOP IS PROVIDED ON AN “AS IS” BASIS. THE SOLE OBLIGATION OF FAREWELL 43, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE WEARWELL 43 SHOP SHALL BE FOR FAREWELL 43 TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEDING PARAGRAPH.
Other Important Policies
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