1. User Eligibility
The Website is provided by FAS and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
3. FAS Service Terms and Conditions
4. Information Submitted through The Website and The Services
With respect to any individual whose personal information is provided by You to FAS through the Website and the Services, You represent to FAS that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.
5. License and Ownership
FAS grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by FAS, and (b) access and use the FAS computer and network services offered within the Website (the “FAS Systems”) only in the manner expressly permitted by FAS. Except for this limited license, FAS does not convey any interest in or to the FAS Systems, information or data available via the FAS Systems (the “Information”), Content, Services, Website or any other FAS property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of FAS. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by FAS.
6. Restrictions on Use
(a) You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(b) You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent
(c) You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.
(d) You shall not disguise the origin of information transmitted through the Website.
(e) You will not place false or misleading information on the Website.
(f) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by FAS.
(g) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
(h) Certain areas of the Website are restricted to customers of FAS.
(i) You may not use or access the Website or the FAS Systems or Services in any way that, in Our sole judgment, adversely affects the performance or function of the FAS Systems, Services or the Website or interferes with the ability of authorized parties to access the FAS Systems, Services or the Website.
(j) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of FAS.
(b) Inbound Links. Linking to any page of the Website other than to fineartshippers.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with FAS. Any website or other device that links to fineartshippers.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that FAS or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with FAS or any of its affiliates, (e) presenting false information about FAS products or services, and (f) using any logo or mark of FAS or any of its affiliates without express written permission from FAS.
You agree that FAS, in its sole discretion, may terminate or suspend Your use of the Website, the FAS Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the FAS Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that FAS shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the FAS Systems, Information and/or the Services.
9. DISCLAIMER OF WARRANTIES
FAS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE FAS SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
10. LIMITATION OF LIABILITY
11. Compliance with Export Laws
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of FAS, negatively reflect on the goodwill or reputation of FAS and shall take no actions which would cause FAS to be in violation of any laws, rulings or regulations applicable to FAS.
FAS and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
12. Exclusion of third party rights.
These terms of service are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of service is not subject to the consent of any third party.
You hereby agree to defend, indemnify and hold FAS harmless and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, reasonable attorney costs and fees and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of service, or arising out of any claim that you have breached any provision of these terms of service.
14. Breach of these terms of service
Without prejudice to our other rights under these terms of service, if you breach these terms of service in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
If a provision of these terms of service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE FAS SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF KINGS, STATE OF NEW YORK, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE FAS SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
18. Governing Law and Language
20. Written Document
21. Complete Agreement