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Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE. We maintain
this web site as a service to our viewers, and by using our site you are
agreeing to comply with and be bound by the following terms of use. Please
review the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms and conditions, you
should leave the site immediately.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN
ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance
of Agreement. You agree to the terms and
conditions outlined in this Terms and Conditions of use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended by us at
any time and from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
- Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials.
- Fraud: By becoming a member, you confirm that the information
provided in this form is true and that you agree to abide by the Terms and
Conditions of use of this site. Please note that your membership can be
cancelled without notice if it is determined that false or misleading
information has been provided, the Terms and Conditions of use have been
violated, or other abuses have occurred as determined by fijibuzz.com in its sole discretion. If
membership has been revoked, fijibuzz.com reserves the right
to refuse application or readmission to the membership program.
- Limited
Right to Use. The viewing, printing or
downloading of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of
any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or redistribution).
- Editing,
Deleting and Modification. We reserve the
right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site, including this Agreement, without
further notice to users of the Site.
- Indemnification. You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not transferable. Any password
or right given to you to obtain information or documents is not
transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All responsibility or liability for any damages caused by
viruses contained within the electronic file containing the form or
document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF
OR INABILITY TO USE OUR SITE
- Use
of Information. We reserve the right, and
you authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
- Third-Party
Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may
purchase or otherwise obtain certain goods or services. You understand
that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. YOU AGREE THAT USE OF
SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND
BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party
Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
- Privacy
Policy. Our Privacy Policy, as it may
change from time to time, is a part of this Agreement.
- Links
to Other Web Sites. The Site contains
links to other Web sites. We are not responsible for the content, accuracy
or opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas, notes, concepts and other information
you may from time to time send to us (collectively,
"Submissions") shall be deemed and shall remain our sole
property and shall not be subject to any obligation of confidence on our
part. Without limiting the foregoing, we shall be deemed to own all known
and hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the Submissions
for any purpose, without compensation to the provider of the Submissions.
- Venue;
Applicable Law. YOU AGREE THAT ALL
ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS
AGREEMENT, OR YOUR USE OF THE SITE, SHALL BE LITIGATED IN THE RELEVANT COURTS
OF LAUTOKA IN THE REPUBLIC OF THE FIJI ISLANDS.
YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH
JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE
WAIVING ANY CLAIM THAT LAUTOKA, FIJI
ISLANDS IS AN INCONVENIENT FORUM OR AN
IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled
by FIJIBUZZ.COM, LAUTOKA, FIJI
ISLANDS. As such, the laws of the FIJI ISLANDS will govern the terms and
conditions contained in this Agreement and elsewhere throughout the Site,
without giving effect to any principles of conflicts of laws.
- Lapsed
Accounts: In order to keep FIJIBUZZ.COM membership
roster current, if a Member does not access his or her account for a
period of 99 days or more, FIJIBUZZ.COM may, in its sole discretion,
terminate such Member's account. FIJIBUZZ.COM will endeavor to notify a
Member of FIJIBUZZ.COM’s intent to terminate such Member's account by
notice to such Member's provided email address at least 7 days prior to
deactivation. If the Member fails to respond to such email notice with 7
days after the day it is sent by FIJIBUZZ.COM such Member's account will
be terminated as noted above. Therefore, FIJIBUZZ.COM strongly recommends
that all Members keep their accounts and contact data current and in use.
While FIJIBUZZ.COM desires to prevent active accounts from being
terminated prematurely, FIJIBUZZ.COM has no obligation to maintain
accounts that appear to FIJIBUZZ.COM to have been abandoned. Each Member
agrees that failure to access his or her account for 99 days or more
conclusively indicates that such Member's account has been abandoned and
that the account may therefore be terminated.
- Verify
Members' Address: FIJIBUZZ.COM reserves the right to
contact a Member via email to verify the accuracy of account information
(including the Member's correct name and address) that is needed to
provide the Member with the information he or she requested from FIJIBUZZ.COM.
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