Access and use of this World Wide Web site (the “fouta inc. Site”) is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions effective as of: July 30th, 2010 fouta inc., (“fouta inc.”) reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. If you use this website after we post changes to the terms, you accept the changed terms.
I. Your Permission to Use the fouta inc. Site Subject to these terms and conditions, you may view the fouta inc. Web Site and the artwork, text, video, audio, images, software and data compilations (the “Content”) on the fouta inc. Site, and, to the extent permitted by the fouta inc. Site, may download and make limited printouts of the Content of the fouta inc. Site only for your personal use. You must include any copyright notice originally included with the Content in all printouts and copies that you make of the Content. Your permission is limited in a number of ways. You may not use the fouta inc. Site or any Content available on the fouta inc. Site for any commercial purpose. You may not redistribute, retransmit, publish or republish any Content without written permission from fouta inc. or our licensors. Other restrictions are described in Section III below and elsewhere in these terms and conditions. Your permission to use and access the fouta inc. Site will terminate immediately, without any further action by fouta inc., if you violate any of these terms or conditions.
II. Intellectual Property Rights in the fouta inc. Site and its Content All Content included on the fouta inc. Site is the property of fouta inc. or its licensors and is protected by United States and international copyright laws. The compilation of all Content on the fouta inc. Site is the exclusive property of fouta inc.. All rights reserved. You may not modify or use the Content for any other purpose without the express written permission of fouta inc., Inc. (“fouta inc.”). Except as provided above, you may not reproduce, republish, transmit, broadcast or distribute any Content on the fouta inc. Site without the express written consent of fouta inc.. The trademarks fouta inc. and Clickspot™ and the logos and other proprietary marks of fouta inc., Inc. or its affiliated companies, licensors and partners are trademarks of fouta inc. or its affiliated companies, licensors and partners. All rights reserved. No right, title, or interest in those marks is granted to you in this Agreement. If you download software from the fouta inc. Site, the software – including any files, images incorporated in or generated by the software, and data accompanying the software – is licensed to you by fouta inc. for your personal use. You will be asked to agree to the terms of an end user license agreement before downloading any software from the fouta inc. Site. fouta inc. does not transfer title to the software that you download to you. You may own the medium on which the software is recorded, but fouta inc. retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software that you download from the fouta inc. Site to any other form whatsoever.
IV. Limited Linking License for Other Sites and Other Uses Commercial and other websites may include a link to the fouta inc. website (foutalifestyle.com), so long as any such link satisfies all six (6) of the following requirements: 1. Resolves to the fouta inc. homepage at foutalifestyle.com. 2. Indicates clearly that the link will lead to the website of “fouta inc., Inc..” 3. Does not falsely represent or suggest any relationship between the linking site and fouta inc. (including suggestions of affiliation, endorsement, or sponsorship). 4. Delivers fouta inc. content outside of a framed or in-line linked environment. 5. Maintains the integrity of the fouta inc. layout, content, and look and feel. 6. Delivers users to the fouta inc. website, unaltered, unmodified, unadulterated in any way by the linking site. A site that complies with all six (6) of the above requirements may also offer a link to other content within the fouta inc. website, so long as any such link also meets requirements two through six (2–6) above. This limited license expressly prohibits the framing of fouta inc. content in any way or any other activity, specifically including but not limited to referencing “fouta inc., Inc.” as a metatag, that may create a misimpression or confusion among users with respect to sponsorship or affiliation.
V. Disclaimer of Warranties THE FOUTA INC. SITE AND THE MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. FOUTA INC. EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. fouta inc. will have absolutely no liability in connection with the fouta inc. Site and its contents including without limitation, any liability for damage to your computer hardware, data, information, or business resulting from the Content, services and information available on the fouta inc. Site. Without limiting the generality of the foregoing, fouta inc. will have no liability for: 1. Any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling or delivering the fouta inc. Site or its Content, services and information; 2. Any errors, omissions or inaccuracies in the Content, services, information on the fouta inc. Site regardless of how caused or delays or interruptions in delivery of such Content, services and information; or 3. any decision made or action taken or not taken in reliance upon the Content, services and information on the fouta inc. Site. fouta inc. makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. fouta inc. makes no warranty, representation or guaranty that the Content will be uninterrupted or error free or that any defects can be corrected. fouta inc. reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the fouta inc. Site, or any portion of the fouta inc. Site, for any reason.
VI. Limitation of Liability Under no circumstances will fouta inc. be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the fouta inc. Site or the services, information or Content contained on it. fouta inc. is not liable under any circumstances—including but not limited to negligence—for any special or consequential damages that may result from the use of, or the inability to use, the fouta inc. Site or any Content, services or information contained on it, even if fouta inc. or a fouta inc.-authorized representative has been advised of the possibility of such damages. fouta inc. and its affiliates are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of the fouta inc. Site or any Content, services or information contained on it, whether resulting, in whole or in part, from breach of contract, tortuous behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you. In no event will fouta inc. be total liability to you for damages, losses, and causes of action—whether in contract, tort (including, but not limited to, negligence), or otherwise—exceed the amount paid by you, if any, for accessing the fouta inc. Site.
VII. Third Party Web Sites fouta inc. is in no way responsible for the content of any site owned by a third party that may be linked to the fouta inc. Site via hyperlink, whether such hyperlink is provided by fouta inc. or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the fouta inc. Site may link, including information on the site regarding the fouta inc. Site, and fouta inc. takes no responsibility therefore. By providing access to other websites, neither fouta inc. nor its affiliates is recommending the purchase or sale of the stock issued by any company, nor is it endorsing products or services offered by any website’s sponsoring organization.
IX. Jurisdictional Issues and Applicable Law Unless otherwise specified, fouta inc. controls and operates this site from our offices within The State of New York, United States of America. fouta inc. does not claim that materials in this site are appropriate or available for use in locations other than New York. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or re-exported to certain countries. In particular, but without limitation, the Licensed Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading and using software from the fouta inc. Site, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. The laws of The State of New York govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Superior Court of New York, New York and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
X. Miscellaneous If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. The preceding terms and conditions of use represent the entire agreement between fouta inc. and the user relating to the subject matter herein. For purposes of Sections V and VI above (Disclaimer of Warranties and Limitations of Liability), “fouta inc.” will include fouta inc., Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.