Terms Of Use

Welcome to www.Fetwall.com (“Fetwall”), owned, produced and operated by Sorin Tulea (“Sorin”). Fetwall is a social network for kinksters and people curious about exploring their sexuality. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties, shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”).

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.  Please note that Section 16 contains certain changes to the general terms for users outside the United States.

In addition, there are a variety of special products and services offered through Fetwall that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product of on Fetwall that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. Sorin also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of Fetwall. In addition, Sorin and/or Fetwall also may offer other services from time to time that are governed by the terms of service of the respective service partners. Sorin reserves the right to amend these Terms and Conditions at any time.

 

By using Fetwall you agree to be bound by these Terms and Conditions. Because the Terms and Conditions contain legal obligations, please read them carefully.

 

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.

 

Acceptance Conditions and Restrictions on UseRegistration & PrivacyUser ConductLicense to User ContentThird Party Merchandise SalesProfilesDisclaimer of WarrantiesLimitation of LiabilityDisclaimer Regarding Third Party ContentStorageAdvertisers and Content Linked to the Fetwall NetworkNo License; Intellectual Property of Fetwall and OthersLinking to Fetwall; Use of LogoIndemnity and ReleaseLimitation of ActionsCopyright, Trademark and Patent NoticesIntellectual Property Infringement ClaimsArbitration, Governing Law and Forum for DisputesChanges in Terms and Conditions and Changes in Products and ServicesMergerNon-Waiver and SeparabilityRelationship of PartiesNo Resale, Assignment or Sub-LicensingSuccessors and AssignsTermination; SurvivalCommunications with UsersSubmission of IdeasExport ControlsViolations and Terms and Conditions

1. ACCEPTANCE

By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Fetwall or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE

Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that Sorin may terminate your access to the Fetwall or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Sorin Any such termination shall be at Sorin sole discretion and may occur without prior notice, or any notice. Sorin further reserves the right to terminate any user’s access to Fetwall or to any of the Products and Services for any conduct that Sorin, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to Sorin or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, provincial, federal or foreign laws or regulations. Sorin further reserves the right to terminate any user’s access to Fetwall or to any of the Products and Services for any reason or for no reason at all, in Sorin sole discretion, without prior notice, or any notice.

 

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://Fetwall.com. Individuals who are less than 18 years of age or are not permitted to access mature or adult content under the laws of any applicable jurisdiction may not access Fetwall. If Sorin learns that anyone under the age of 18 has accessed the Products and Services, Sorin will terminate their access to Fetwall.

 

Registered sex offenders convicted of sexual violence and/or non-consensual sexual offenses are not permitted to have accounts on Fetwall. Sorin does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation or any other protected status.

 

3. REGISTRATION AND PRIVACY

 

Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current and complete (apart from optional items) as required by various Sorin registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sorin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sorin has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

 

All Sorin registrations become the exclusive property of Sorin. Sorin reserves the right to use and reuse all registration and other personally identifiable user information subject to Sorin Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in Sorin Privacy Policyand on Fetwall.

Fetwall users provide their real information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Fetwall, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal timeline primarily for your own commercial gain, and will use a Fetwall Page for such purposes.
  5. You will not use Fetwall if you are under 18.
  6. You will not use Fetwall if you are a convicted sex offender.
  7. You will keep your contact information accurate and up-to-date.
  8. You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
  9. You will not transfer your account (including any Page you administer) to anyone without first getting our written permission.
  10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

 

You acknowledge receipt of Sorin Privacy Policy.

 

4. USER CONDUCT

 

You acknowledge and agree that all information, code, data, text, software, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Sorin, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Sorin does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Fetwall at your sole risk. Under no circumstances will Sorin be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Sorin does not screen user or third party Content posted on Fetwall, although Sorin reserves the right to do so. Sorin does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Sorin reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Sorin

 

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on Fetwall that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on Fetwall if we believe that it violates this Statement or our policies.                                             
  3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  5. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
  6. If you collect information from users, you will: obtain their consent, make it clear you (and not Fetwall) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  7. You will not post anyone's identification documents or sensitive financial information on Fetewall.
  8. You will not send email invitations to non-users without their consent.  

Prohibited Conduct

 

You agree that, while using Sorin Products and Services, you will not:

 

Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another member.Make criminal accusations against another member in a public forum.Make or promote any type of racism or hate towards anyone in specific or a group of people, unless in the context of role-playing between consenting parties.Upload pictures or videos of that contain any children under 18 years of age.Upload, post, email, otherwise transmit, or post links to any Content that promotes having any type of sexual relationship with a minor.Create a user profile for a business, organization, website, or event that is not related to kink/fetish/BDSM/Leather. Profiles for kink-related businesses will be reviewed and accepted on a case by case basis.Take anything any other person has uploaded, posted, or emailed to you, on Fetwall and re-post such content anywhere outside of Fetwall without the expressed written permission of the person who uploaded, posted or emailed you.Upload, post, email, otherwise transmit, private conversations between two people in any public forum on Fetwall without the expressed written consent of the people who are involved in said private conversation.Post, directly or indirectly, any personally identifying information about another member without their consent. Personally identifying information can include, but is not limited to, a person's full name, first name, last name, email address, profession, phone number, address and place of work.Use Fetwall to do any academic or corporate research without the expressed written consent of SorinCross-post the same message, be it by one person or multiple people, more than 3 times in a day.Sexualize or publicly fantasize about the following topics: murder, animal abuse, and any activities involving minors. You may have strictly intellectual discussions regarding these topics.Discuss or post content dealing with actual snuff, necrophilia, cannibalism, and zoophilia/bestiality. You may have strictly intellectual discussions regarding these topics, and may also have discussions and content concerning fantasies in these areas.Create any event to promote a session with a phone sex operator, professional Dominant or professional submissive.Publicly post the schedule, price list or phone number of a phone sex operator, professional Dominant or professional submissive on Fetwall except in a group led by that person or in a group explicitly created for the purpose of posting such information.Publicly solicit for clients on behalf, directly or indirectly, of phone sex operators, professional Dominants and professional submissives in any group except in a group led by that person or in a group explicitly created for the purpose of posting such solicitations.Solicit or sell any kind of sex for hire.Use Fetwall for any fraudulent purposes.Collect or store personally identifying information about any other user(s) for commercial purposes without the expressed consent of the user(s) or for any unlawful purposes.Impersonate any person or entity, including, but not limited to, an Sorin or Fetwall Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement).Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking.Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:Making available copyrighted software or other Content that has had the copyright protection removed.Making available serial numbers for software that can be used to illegally validate or register software.Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.Making available any software files for which the user does not own the copyright or have the legal right to make available.Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, including but not limited to promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Fetwall.Use automated means, including additional computers, software and scripts, to enhance play in Sorin promotions.Use automated means, including spiders, robots, crawlers, or the like to download data from any Sorin network database.Use automated means, including bots, to create accounts on Fetwall.Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, link, display or in any way exploit any Content from any Sorin database, including, without limitation, by incorporating data from any Sorin database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.Sell, distribute, or make any commercial or unlawful use of data obtained from any Sorin database or make any other use of data from any Sorin database in a manner which could be expected to offend the person for whom the data is relevant.Create and maintain a Fetwall profile that stores or hosts content for remote loading by other web pages. (For example, you cannot create a Fetwall profile, post pictures to the Fetwall profile, and have other web pages call the Fetwall profile to retrieve those pictures.)Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Canadian or U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.Disobey any Sorin employee or representative or interfere with any action by any Sorin employee or representative to redress any violation of these Terms and Conditions.Create a new account in order to access the Products and Services after your account or access has been terminated by Sorin Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Sorin or the party from whom such software may be licensed.Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sub-license any software deployed in connection with the Products and Services.Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to Fetwall community or the spirit of these Terms and Conditions.Advertise, offer for sale, or sell any of the following items:Any firearms, explosives, or weapons.Any items that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography, or are harmful to minors.Any controlled substances or pharmaceuticals.Any counterfeit or stolen items.Any goods or services that do not, in fact, exist.Any registered or unregistered securities.Any items that violate or infringe the rights of other parties.Any items that you do not have the legal right to sell.Any items where paying Sorin any of the required transactional or listing fees would cause Sorin to violate any law.

 

You acknowledge and agree that Sorin and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, Sorin and its designees shall have the right (but not the obligation), at their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Sorin Sorin may also terminate access to, or membership in, Fetwall, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Fetwall, including without limitation, information posted on message boards.

 

You expressly acknowledge and agree that Sorin may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sorin, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Sorin with regard to its users may be disclosed in accordance with Sorin's Privacy Policy

 

5. MEMBER OF THE MEDIA

 

I certify that I am not a member of the media, or that if I am, I am participating on Fetwall solely for my personal enjoyment and not as part of any investigation or gathering of information and that I will not use any such information in any manner without the express written permission of Fetwall. I agree that everything that I observe here will be kept in strict confidence, and that I will do nothing to jeopardize the privacy and identities of any other participant without the expressed written permission of Fetwall.

 

6. LIMITED LICENSE TO CONTENT POSTED ON FETWALL

 

Sorin claims no ownership interest in any of the Content (including, without limitation, pictures, videos and writing) posted by you on Fetwall, and the copyright to all such Content shall remain with its original owner.By posting Content on Fetwall, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on Fetwall.

 

In order to make it possible for Sorin to provide the Products and Services, you hereby grant Sorin a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display and distribute any Content posted by you on or through Fetwall, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate 30 days after you remove your Profile from Fetwall.

 

8. THIRD PARTY MERCHANDISE SALES

 

Fetwall may contain links to third party websites where Users can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.

 

By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that Fetwall, Sorin are not parties to the transaction.

 

Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

 

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

 

Sorin has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through Fetwall. Sorin cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can Sorin confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on Fetwall will act in accordance with those statements. Sorin will not get involved in any dispute between Users of the Service and Merchants who post links on Fetwall. The ability to include links is provided only as a convenience, and the inclusion of any link by an Artist or User does not imply affiliation, endorsement, or adoption by Sorin of the linked site or any information contained therein.

 

9. PROFILES

 

Users are invited to post content to their profile (“Profile”) subject to the following limitations: (a) Sorin may limit the amount of bandwidth dedicated to any account; and (b) Sorin reserves the right to display advertising on Profile pages. Please consult the Fetwall Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. Sorin reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 18 years old.

 

By registering on Fetwall, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Fetwall will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.

 

Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers and street addresses. Please read Section 4 above, User Conduct, for additional terms and conditions regarding your use of Fetwall.

 

The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which Sorin assumes no responsibility or liability.

 

Sorin reserves the right, at its sole discretion, to reject, refuse to post or remove any Content posted by you, and to restrict, suspend, or terminate your access to all or any part of the Sorin Network, including Fetwall, at any time, for any or no reason, with or without prior notice, and without liability.

 

10. DISCLAIMER OF WARRANTIES

 

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Sorin DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Sorin DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. Sorin SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Sorin DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. Sorin DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Sorin DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Sorin MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY Sorin

 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

 

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

 

11. LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Sorin OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Sorin OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

 

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Fetwall. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT Fetwall.

 

UNDER NO CIRCUMSTANCES SHALL Sorin OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

 

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

 

12. DISCLAIMER REGARDING THIRD PARTY CONTENT

 

Fetwall offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, Sorin has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on Fetwall or provided to Fetwall by third parties, Sorin may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through Fetwall from such sources is developed by people over whom Fetwall exercises no control. Similarly, content hosted by Fetwall which is posted by third parties, and, with the exception of certain random screening functions, Sorin cannot and does not screen such web pages before they are made accessible to other users of Fetwall. Accordingly, neither Sorin nor its licensors assume any responsibility for the content of any site linked to the Fetwall web site or in any web page hosted for a third party within Fetwall web site. In instances where Fetwall does review the sites that are displayed in directories, indices, and/or references, or where Fetwall makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Sorin, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

 

13. STORAGE

 

Many features of Fetwall store information on behalf of users. Examples include, but are not limited to chat, Profiles and postings. Sorin reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive.

 

14. ADVERTISERS AND CONTENT LINKED TO THE FETWALL NETWORK

 

Sorin and the Fetwall Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Fetwall to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Sorin have no control over such sites and resources. You acknowledge and agree that Sorin are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sorin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Fetwall Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sorin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

 

15. NO LICENSE; INTELLECTUAL PROPERTY OF FETWALL AND OTHERS

 

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Sorin or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Fetwall and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Sorin and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Sorin in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Sorin, any of Sorin’s affiliates, or any of Sorin’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Fetwall for any purpose other than the purpose for which such Content is made available to users by Sorin You agree not to defame or disparage Sorin, the trademarks or service marks of Sorin, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Fetwall.

 

In order to maintain the privacy and security of your user profile, you hereby grant Sorin a limited, non-exclusive, worldwide, royalty-free license to any and all copyrightable content posted by you on or through Fetwall. You also grant and assign Sorin or its affiliates the right and authority to enforce your DMCA and any and all intellectual property rights against alleged infringers at your request. This provision does not constitute in any way a partnership, joint venture or any other fiduciary relationship between you and Sorin Further, Sorin does not warrant or guarantee that it can or will enforce your intellectual property rights against alleged infringers. Sorin reserves the right through this limited license to enforce your rights at your request, however, it remains the sole and primary responsibility of each member, the Content creator and owner, to police and enforce your rights against alleged infringers.

 

 

16. LINKING TO FETWALL; USE OF LOGO

 

Fetwall offers a non-assignable, non-transferable, and non-exclusive license to link to Fetwall web sites, using Fetwall logos, subject to the following provisions. Fetwall logos may be placed on a Web site for the sole purpose of creating a link to Fetwall and allowing users of your site to access the Products and Services on Fetwall. Fetwall logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Fetwall. Fetwall logos may only be used in accordance with the Sorin Trademark Usage Guidelines, and may only be used in the exact size, shape, colors, design, and configuration as found on such web page. Fetwall logos may not be altered in any manner. Fetwall logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. Fetwall logos may not be used to disparage Fetwall, its products or services, or in a manner which, in Sorin's reasonable judgment, may diminish or otherwise damage Sorin’s good will in Fetwall logos. By using any such Sorin Network logo, you acknowledge that Fetwall has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of Fetwall. If you use Fetwall logos, you must include appropriate attribution, for example: “Fetwall® is a registered trademark of Sorin” Sorin reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Sorin reserves the right to take action against any use that does not conform to these provisions.

 

17. INDEMNITY AND RELEASE

 

By using the Fetwall web site you agree to indemnify Sorin, and their officers, employees, volunteers and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Fetwall web site, your use of the Products and Services, or your submission of ideas and/or related materials to Sorin or from any person's use of any account or password you maintain with Fetwall, regardless of whether such use is authorized by you. By using Fetwall, using the Products and Services, or submitting any ideas and/or related materials to Sorin, you are hereby agreeing to release Sorin and its parents, subsidiaries, affiliates, officers, employees, volunteers, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Sorin YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

 

18. LIMITATION OF ACTIONS

 

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Fetwall or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

 

19. COPYRIGHT, TRADEMARK, AND PATENT NOTICES

 

All other marks that appear throughout the Products and Services belong to Sorin or the respective owners of such marks, and are protected by Canadian, U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Sorin or the owner of the mark, as appropriate, is strictly prohibited. Sorin may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Fetwall to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Sorin have no control over such sites and resources. You acknowledge and agree that Sorin are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sorin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Fetwall Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sorin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

 

20. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

 

Sorin respects the intellectual property of others. It is Sorin policy to respond expeditiously to claims of copyright and other intellectual property infringement. Sorin will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Sorin may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Sorin will terminate access for users who are repeat infringers.

 

Notifying Sorin of Copyright Infringement: To provide Sorin notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of report@Fetwall.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

 

Providing Sorin with Counter-Notification: If you feel that your material does not constitute infringement, you may provide Sorin with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." Report@Fetwall.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of legal counsel.

 

21. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES

 

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of British Columbia, Canada applicable to contracts entered into and wholly to be performed within said province. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitration and Mediation Institute of Canada. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Vancouver, British Columbia, and judgment on the arbitration award may be entered into in any provincial or federal court in British Columbia having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any provincial or federal court in British Columbia having jurisdiction thereof. Except as set forth above, the provincial and federal courts of British Columbia shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the provincial and federal courts in British Columbia with respect to all such disputes.

 

22. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES

 

Sorin reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Sorin reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

 

23. MERGER

 

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between Sorin's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Sorin web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

 

24. NON-WAIVER AND SEPARABILITY

 

Sorin’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

 

25. RELATIONSHIP OF PARTIES

 

You acknowledge and agree that you and Sorin are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

 

26. NO RESALE, ASSIGNMENT, OR SUBLICENSING

 

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Sorin

 

27. SUCCESSORS AND ASSIGNS

 

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

 

28. TERMINATION; SURVIVAL

 

These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Sorin All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

 

29. COMMUNICATIONS WITH USERS

 

You consent to receive communications from Sorin concerning your use of the Products and Services ("Communications"). The Communications may be those that Sorin is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Sorin sends to you for other reasons. You consent to receive Communications electronically. Sorin may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on Fetwall. You may change the email address to which Sorin sends Communications by visiting your account information page.

 

In order to receive Required Communications, you must provide Sorin, upon registration with Fetwall, a valid email address to which Sorin may send electronic mail.

 

30. SUBMISSIONS OF IDEAS

 

Fetwall is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Fetwall, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO Fetwall BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO Sorin, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO Sorin THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PROTOSE INC IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Sorin, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

 

31. EXPORT CONTROLS

 

Certain software, and related documentation or technical information, available through Fetwall is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the Canadian or U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to Canadian and United States export restrictions.

 

32. VIOLATIONS OF TERMS AND CONDITIONS

 

Should you violate these Terms and Conditions or any other rights of Sorin, Sorin reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all Sorin properties.

 

If you are aware of any violations of these Terms and Conditions, please report them to: report@Fetwall.com

 

Please read the entire Terms and Conditions, as all Sorin properties, Products and Services are offered subject to these Terms and Conditions.

 

last updated

August 24, 2017