Eligibility and Registration
If you are under the age of 14, by joining the Finerday Service you verify that you have sought and obtained permission from your parent or legal guardian to register and become a member of the Finerday Service, and that your parent or legal guardian has given you permission to supply any personal information that we may ask for, either as part of the registration process, to complete your profile, or that we may ask for from time to time. We may terminate your Membership and/or prohibit you from using or accessing the Finerday Service or the Web site for any reason, at any time.
You understand that the Finerday Service and the Web site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Finerday Service or the Web site by electronic or other means for any purpose including, but not limited to, the sending of unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Finerday Service or the Web site or for any other purpose. You further agree that you may not use the Finerday Service or Web site in any unlawful or unauthorized manner or in any other manner that could damage, disable, overburden or impair the Web site. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States to your country of residence. In addition, without limiting any of the foregoing, you agree not to use the Finerday Service or Web site to:
" upload, post, email, transmit, include within chat functionality or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable;
" impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
" upload, post, email, transmit, include within chat functionality or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
" upload, post, email, transmit, include within chat functionality or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
" intimidate or harass another;
" use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Finerday Service or the Web site.
You are solely responsible for your actions with other Finerday Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
Proprietary Rights in Content on the Web Site
All content, including but not limited to design, text, graphics, other files, and their selection and arrangement (collectively, the "Content"), that we include on the Finerday Service and Web site are the property of the Company or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that you may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, other than via the sanctioned mechanisms provided within the Finerday Service. Any other use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks that we include on the Finerday Service and the Web site are either trademarks or registered trademarks of the Company or its licensors and business affiliates and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Member Content Posted on the Web Site
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Finerday Service or Web site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Finerday Service or Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Company's Designated Agent to receive notification of claimed infringement is Mike Brocklesby, c/o Finerday, 4-6 Canfield Place, London, NW6 3BT, UK, email: firstname.lastname@example.org. This contact information is only for notices relating to copyright infringement; all other notices, comments, requests for support, or other communications should be sent to the contacts stated in "Communications" below.
Links to other websites
The Web site and the Finerday Service may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed 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 or through the Web site or the Service does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web site and access these third-party sites, you do so at your own risk.
We shall not be responsible for any connection or access to the Finerday Service or Web site by you or the quality of the transmission of any information passing between you and the Finerday Service or Web site. You will be responsible for providing your own communications equipment to access the Finerday Service, and Web site via the Internet, and the Internet access charges thereon.
The Company is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Finerday Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site, or the Finerday Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Finerday Service. The Web site and the Finerday Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company makes no warranties of availability. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, mobile devices, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Finerday Service. Under no circumstances will the Company be responsible for any loss or damage, including without limitation personal injury or death, resulting from anyone's use of the Web site or the Finerday Service, any Content posted on or through the Web site or the Finerday Service or transmitted to Members, or any interactions between users of the Web site or Members, whether online or offline. Certain functionality of the Web site is provided via the integration of third party tools. The Company makes no warranties of availability in respect of such third party tools and is not responsible for any impact resulting from the use of such third party tools. THE WEB SITE, THE FINERDAY SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" OR "AS AVAILABLE" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM A COMPUTER VIRUS OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE FINERDAY SERVICE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) TWENTY FIVE POUNDS STERLING (£25). CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Hold Harmless and Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Finerday Service or Web site in violation of this Agreement or your violation of any law or the rights of a third party.