Terms of Use
Last updated: January 12, 2016
1. INTRODUCTION
We welcome you to use the services of the Finnish American Chamber of Commerce Greater Houston (“FACC”, “we”, “us”, “our”). The FACC is an organization dedicated to promoting commercial relations between Houston and Finland. The FACC’s main role is to provide a forum for members to network and exchange business ideas and experiences through social, cultural and educational activities, as well as reach out to other European Chambers of Commerce within Houston and across the US. The FACC is the owner and operator of the FACC Greater Houston Website located at www.facc-houston.com (the “Website”).
These Terms of Use (collectively, the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of the Website, however accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Website. It is important that you read and understand the Terms. By accessing or using the Website you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy [http://www.facc-houston.com/privacy-policy] and that you agree to be bound by this agreement. Consequently, if you do not accept or understand the Terms, please do not use or access the Website, sign up for our newsletter, or apply for membership. If you do not agree to these Terms, you are not entitled to use the Website and you must promptly stop using the Website and other services we may provide.
The terms “you” and “user” shall refer to all individuals and entities that access the Website. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.
In addition to these Terms, you agree to abide by any supplemental policies of the Website, such as policies related to specific services (including without limitation to any message boards and bulletin boards, forums, chats, contests or sweepstakes that may in the future be an element of the Website) as well as all other operating rules, policies and procedures that may be published from time to time on the Website, each of which is incorporated herein by reference.
2. Modifications to these Terms of Use
From time to time, we may modify or amend these Terms. If we do so, we will post any such modifications or changes on the Website. You can tell when changes have been made by referring to the “Last Updated” legend on top of this page. Please review these Terms regularly to ensure that you are aware of any changes.
If you continue to use the Website following such a posting of changes, you accept any such change or modification. If you have any questions about these Terms or our Privacy Policy, please see our contact information in Section 19 of these Terms.
3. Eligibility; Access; Membership
Use of the Website is subject to your continued compliance with these Terms. If you accept these terms on behalf of a company, organization, or other legal entity (an “Entity”), you represent that you have the authority to bind such Entity and its affiliates to these Terms. You warrant and represent that you have full capacity and authority to enter into this agreement on behalf of the Entity. If you do not have the authority to agree with these terms, you may not use the Website or apply for membership.
The Website is intended solely for persons who are 13 years of age or older. Any access to or use of the Website by anyone under 13 is expressly prohibited. By accessing or using the Website you represent and warrant that you are legally an adult where you live and agree to be bound by these Terms, or, if you are still legally a “minor,” that you are at least 13 years of age or older and have a parent’s or legal guardian’s permission to access and use the Website.
The Website is intended solely for your personal use. Moreover, you represent and warrant that you will use the Website in compliance with any and all applicable laws and regulations. Use of the Website is unauthorized in any jurisdiction where the Website or any part of it may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions.
Certain parts of the Website may require or allow registration of a FACC membership (“membership”). You agree not to provide inaccurate, misleading or false information in connection with your use of the Website and in particular when registering or applying for membership. If information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. We reserve the right to require our prior or later acceptance for registration. We have a right to refuse the registration for any reason. Registration can be limited, by way of an example but not as a limitation, geographically.
4. Membership Fees; Payments; Refund Policy
Certain features of the Website may be subject to a fee. You may be required to pay for certain services, including for membership. We may, from time to time, modify, amend, or supplement our fees and billing methods, and post those changes in these Terms or elsewhere on the Website.
Your membership is effective immediately upon your enrollment and successful payment of the membership fee. You can find the current membership fees posted on our Website. The payment of your membership fee is made either by credit card or through PayPal (the “Payment Source”). Unless expressly authorized on the Website, you agree not to sell, redeem or otherwise transfer your membership to any person or entity, including but not limited to another user or any third party.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR MEMBERSHIP IS ALWAYS FINAL AND NON-REFUNDABLE.
You agree to pay all fees and applicable taxes incurred by you or anyone using your User Account. We reserve the right to change the pricing for membership and the services offered through the Website at any time. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. You are solely responsible for any costs you incur to access the Website through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet service provider’s or a wireless carrier’s network. Check with your carrier to determine the fees that apply.
5. Third Party Material
The Website may contain links to websites and content owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content on the Website does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over such websites or content. We have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access.
We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.
6. Intellectual Property
These Terms confer only the right to use the Website, while these Terms are in effect, and they do not convey any rights of ownership in or to the Website. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property rights in the Website will remain our sole property. In your use of the Website, you agree not to remove any copyright or other notices contained therein. Except as expressly authorized herein, you may not use, copy, reproduce, transmit, translate, offer for sale, sell, display, perform, distribute, publish broadcast, circulate, modify, create derivative works of, disseminate, or commercially exploit the Website without the written consent of FACC.
The Website is the property of FACC and we retain all right, title and interest in and to the Website and any content available therein. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through the Website.
If you use the website or the links located on the Website to gain access to a World Wide Web site or Internet location, you acknowledge that such other sites or locations are not under the control of FACC. You agree that FACC shall not be responsible for any information, services, software, goods or other links found at any such site or Internet location or source of information, services, software, or goods, or for your use of such information, services, software, or goods.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE WEBSITE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE WEBSITE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FACC. YOU AGREE THAT YOU HAVE NO RIGHT OR TITLE IN OR TO ANY CONTENT THAT APPEARS ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY ATTRIBUTES ASSOCIATED OR STORED ON THE WEBSITE.
7. User Content
(i) Responsibility for User Content
“User content” includes any information or materials you provide for us, whether in any public message area of the Website or otherwise. You are solely responsible for any text, communications, images, videos, and other data, information and content that you submit or post on or through the Website, or transmit to other users of the Website. You acknowledge and agree that all such information and content, whether publicly posted or privately transmitted to the Website, is at your sole responsibility and risk and that you are responsible for complying with all laws applicable to your content. You agree not to submit to the Website, or transmit to other users of the Website, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You will not provide inaccurate, misleading or false information to us or to any other user of the Website. If information provided to us, or another user of the Website, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
(ii) Rights to User Content
You acknowledge and agree, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, use, track, store, reproduce, modify, transmit, translate, distribute, broadcast, publicly display and perform, digitally perform, create derivative works of user content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others, and otherwise use and commercially exploit. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your user content, regardless of whether your user content is altered or changed in any manner.
(iii) Prohibited Content
The following are examples of User Content that is prohibited on the Website:
User content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harassing user content;
“Junk mail”, “chain letters,” or “spam”;
User content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and
User content of commercial nature without authorization from us.
If you see any material on the Website that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at facc@facc-houston.com.
For instructions on how to report intellectual property issues, please see Section 9 (“Copyright Infringement”) below.
(iv) User Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Website (“Submissions”) provided by you are non-confidential and shall become our sole property and you assign all rights in these Submissions to FACC. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
(v) Interactions with Other Users
We wish to remind you that you are solely responsible for your interactions with other users of the Website and any other parties with whom you interact through the Website. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Without prejudice to the above, we reserve the right to become involved in any way with these disputes, but are in no obligation to do so. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity.
8. Prohibited Activities
The list below contains examples of behaviors that are prohibited on the Website:
Impersonating another person or entity;
Accessing or using the Website in an unlawful way or for any unlawful purpose;
Transmission of any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;
Transmission of viruses, malware, or other malicious code in the Website;
Modification, reverse-engineering, or other manipulation of the Website; and
Interfering with, or disrupting, the Website.
Please be reminded that you shall not access or use the Website if you are under the age of 13. You agree to deny access to children under the age of 13 to the Website and accept full responsibility for any unauthorized use of your User Account or credentials by minors under the age of 13. You also acknowledge that some features of the Website, and some content available through the Website, may contain or expose users to material unsuitable for minors. You acknowledge and agree that it is your responsibility to supervise the use of the Website by minors whom you permit or enable to use the Website.
In order to ensure the integrity of the Website, we reserve the right at any time in our sole discretion to block users from certain IP addresses or with certain unique device identifiers from accessing the Website.
9. Copyright Infringement
We undertake to obey relevant copyright laws. If you believe copyright-protected work was posted on the Website without authorization, you may submit a copyright infringement notification. We will review all claims of copyright infringement received and remove members deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
1) the name and contact information of the copyright holder or his/her representative who is making the notification (the “Notifying Party”);
2) an itemization of the material, for which prevention of access is requested, and details of the location of the material. Please provide enough detail for us to locate the allegedly infringing content on the Website;
3) confirmation by the Notifying Party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network;
4) information concerning the fact that the Notifying Party has in vain submitted its request to the content provider or that the content provider could not be identified;
5) confirmation by the Notifying Party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right;
6) signature of the Notifying Party.
Claims can be sent to facc@facc-houston.com.
10. Privacy and Security
Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy [http://www.facc-houston.com/privacy-policy] and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you. By using the Website, you consent and agree to the collection and use of certain personal data about you and your use of the Website in accordance with our Privacy Policy [http://www.facc-houston.com/privacy-policy] and applicable laws and regulations related to personal data.
The Website may include social media functionalities and/or plug-ins that enable you to share certain content with other people. Please be careful when sharing content that includes personal data generally on the Website and in particular with other users of the Website.
In addition to what is stated in the Privacy Policy, you agree to:
Respect the privacy of other users;
Not engage in unauthorized collection of users’ content or information, and/or not otherwise access the Website by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, photograph, credit card number or any information that may otherwise be used to track, contact or impersonate another individual; and
Not provide any false personal data to us or apply for membership for anyone other than yourself without such person’s permission.
11. NO WARRANTY
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITE OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED ON THE WEBSITE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (CONTRACT, WARRANTY, TORT OR OTHERWISE) WILL FACC OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY ANY ADVERTISERS OR AFFILIATE ADVERTISING NETWORKS WE COOPERATE WITH, OR ANY OTHER USERS OF THE WEBSITE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE WEBSITE OR RELIANCE UPON THE WEBSITE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES, IF ANY, THAT YOU HAVE PAID TO US FOR MEMBERSHIP. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.
PLEASE BE REMINDED THAT WE ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES WE COOPERATE WITH. YOU WAIVE AND RELEASE FACC FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE WEBSITE.
IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, FACC SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE SITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
13. Indemnity
You agree to indemnify and hold FACC harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
14. Entire Agreement
These Terms, any applicable additional terms included on the Website, and any documents expressly incorporated by reference herein (including the FACC Privacy Policy), contain the entire understanding between You and FACC, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.
15. Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
16. Governing Law and Resolution of Disputes
These Terms of use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Texas, USA, excluding its conflict of law rules. Any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Texas, USA. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You hereby agree to waive any right to a trial by jury. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST FACC ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Assignment
We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.
18. Suspension of User Account; Termination
We reserve the right to discontinue offering the Website or any part thereof or to suspend, remove, modify or disable access to the Website at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Website and/or your membership at any time. In no event will we be liable for the removal of or disabling of access to the Website or any part thereof. We may also impose limits on the use of or access to the Website, in any event and without notice or liability. Upon termination of the Website or a part thereof, your license to use the Website or a part thereof will be automatically terminated. In such event, FACC shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR MEMBERSHIP AND/OR ACCESS TO THE WEBSITE IF YOU ARE, OR WE IN OUR SOLE DISCRETION SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED IN THESE TERMS OR WITH ANY LAWS OR REGULATIONS, OR IN ANY OTHER WAY HAVE USED THE SERVICE UNLAWFULLY OR IMPROPERLY OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR ANY FACC POLICIES.
19. Contact
The Website is operated and provided by The Finnish American Chamber of Commerce Greater Houston. If you have any questions about these Terms, please contact us at facc@facc-houston.com or by mailing us at Finnish American Chamber of Commerce Greater Houston, P O Box 22154, Houston, TX 77227