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The IvisitU service ("IvisitU" or the "Service")
is an online medium through which individuals can meet each other. IvisitU is
provided by Neovance, located at 47, rue Raymond IV, France.
The Service is being provided to You under the terms and conditions
of this Agreement and any operating rules, policies, and procedures as currently
published on the website by IvisitU. We reserve the right to change the terms
and conditions of this Agreement, change the Site (including discontinuing any
content on or feature of the site) or change any fees or charges for using the
Site at any time. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE.
DEFINITIONS
In this Agreement the following words have the following meanings
unless the context requires otherwise:
"Agreement" means the Agreement between You and Us
incorporating these terms and conditions for the provision of the Service, as
amended from time to time in accordance with the terms and conditions set forth
herein;
“We, Us, Our" means Neovance; and
"You, Your, Yourself" means the person who registers
for the Service, accepts the terms and conditions of this Agreement and whose
application for membership of the Service is accepted by Us.
REGISTRATION AND MEMBERSHIP
By registering for the Service, You become a IivisitU member
(a "Member"), and You agree to be bound by the terms and conditions
of this Agreement for as long as You continue to be a Member. These rules are
the terms and conditions for Your Membership to IvisitU and Your use of this
site. Any infringement of the Rules may result in loss of access to any part
of the site or Your Membership being cancelled and You being barred from the
site.
You agree to: (a) provide certain true, current, complete and
accurate information about You as required by the application process; and (b)
maintain and update the information You provide to us according to our modification
procedures as needed to keep such information current, complete and accurate.
We rely on this information to send You important information and notices regarding
Your account and our Services. You acknowledge and agree that We shall have
no liability associated with or arising from Your failure to maintain accurate
account information, including, but not limited to, Your failure to receive
critical information about the Service or Your account. You further agree that
We (ourselves or through third party service providers) are authorized to verify
such registration data.
To access or use the Services, or to modify Your account information,
You may be required to establish a username and/or password. You authorize us
to process any and all account transactions initiated through the use of Your
username and/or password. You are solely responsible for maintaining the confidentiality
of Your username and/or password and agree to immediately notify us of any unauthorized
use of Your username and/or password. You acknowledge and agree that You are
responsible for any unauthorized activities, charges and/or liabilities made
through the use of Your username and/or password. In no event will We be liable
for the unauthorized use or misuse of Your username or password.
AGE RESTRICTION
You MUST be over 18 years old to use IvisitU. If You are under
18 years old You may not register on this site or use any part of it. We accept
no liability for the actions of persons under 18 who use this site.
CHARGES AND PAYMENT
You agree to pay the applicable fees, if any, for the Service
as set forth on the Website in accordance with the payment terms set forth thereon.
By registering and selecting Your desired method of payment, You grant IvisitU
permission to collect the applicable fees in the manner designated. Any renewal
of Your services with us is subject to our then current terms and conditions,
including, but not limited to, payment of all applicable service fees at the
time of renewal. You acknowledge and agree that all fees due and paid hereunder
are non-refundable.
If you decide to close your account, you won't be eligible for a prorated refund of any
portion of the subscription fees paid.
ONLINE CONTENT
Opinions, advice, statements, offers, or other information
or content made available through the Service, but not directly by Us, are those
of their respective authors, and should not necessarily be relied upon. Such
authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER
ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES
ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
MEMBERS CONDUCT
a) You are solely responsible for Your interactions with our
other members. We reserve the right, but have no obligation, to monitor disputes
between You and other members. You acknowledge that other users will be able
to view Your profile. You are solely responsible for any content You submit
to the Site, and any actions performed through Your account.
b) You will not submit material to the site that is inflammatory, obscene, racist,
abusive, libellous, threatening, harassing or illegal, or that infringes any
third party's privacy, copyright or intellectual property rights. You will not
forge or fake emails, letters or any other communications from other Members,
or from IvisitU.
c) You will not post Your personal details such as Your telephone number, address
and/or e-mail address or URL in Your profile or any other information which
would allow other members and/or users to contact You directly.
d) You warrant and represent to us that all information posted by You is accurate,
true, complete and is not misleading.
e) You will not solicit business or advertise products or services on this site
as a Member, or send spam, junk mail or chain letters to other Members.
f) You will not use the service to promote another site, service and/or business
in any way including but not limited to posting any personal e-mail addresses
URL's and/or other personal telephone numbers in Your profile.
g) You will not impersonate another Member, or any other third party.
h) You will not attempt to access pages of the site except through the navigation
system. You will not hack into the site, or retrieve information using a computer
program.
i) You will not transmit viruses, computer code, files or programs on this site.
j) If You arrange any meetings with any person through Your use of the service
then You do so at Your own risk. You should take any precautions You think necessary
to ensure Your own safety.
k) We are not liable for actions of, or content provided by a Member which violate
the Rules.
l) We do not have an opportunity to check that the profiles are correct and
not misleading. We do not make any representation or warranty that the information
contained in any profile is accurate and We are not under any obligation to
verify any information contained in any profile.
m) Before acting on any information contained in any profile or on any information
received by You through Your use of the Service, You should at Your own cost
and expense, carry out such investigation as You think is necessary to satisfy
Yourself of the truth and accuracy of such information.
n) You will not download or copy any part of another user's profile.
INTELLECTUAL PROPERTY
a) Content presented to You as part of the Service is protected by copyright,
trademarks, service marks, patents or other proprietary Agreements and laws
and You are only permitted to use this Content as expressly authorised by IvisitU.
These terms and conditions do not transfer any right, title, or interest in
the Service or the Content to You and You may not copy, reproduce, distribute,
or create derivative works from this Content without expressly being authorised
to do so by IvisitU.
b) You hereby irrevocably grant to IvisitU all such rights in any content that
You place on this website as shall be necessary for IvisitU to provide the Service
to its Members.
c) You may not post copyrighted material on the site. This includes but is
not limited to photographs, images and text. Should You believe that copyrighted
material has been posted on the site You are requested to contact Us with full
details of the alleged copyright infringement including the Member username
and Your contact details.
PRIVACY
IvisitU is committed to Your privacy. You acknowledge that the personal information
(including sensitive personal information) You provide to Us will be stored
on computers. You consent to Our using this information to build up a profile
of interests, preferences and browsing patterns and to allow You to participate
in the Service. Some information, comments or pictures that You optionally provide may possibly,
under Your responsibility and on Your initiative, reveal Your ethnic origin, Your
nationality, religion and/or sexual orientation. By providing such information,
all optional, You manifest Your intention and, consequently, expressly consent to, and
take sole responsibility for, the processing of this data by IvisitU, and freely takes
the exclusive responsibility.
Further, We may pass on Your information to governmental agencies,
including but not limited to courts and district attorneys' offices, for
legal proceedings and the prevention of crimes. Personal information collected
by IvisitU may be stored and processed in Delaware, USA or any other country
in which IvisitU or its agents maintain facilities. By using the Service, You
consent to any such transfer of information outside of Your country. Your personal,
financial and demographic information will be deleted after termination of Your
membership.
DISCLAIMERS
IvisitU is not responsible for any incorrect or inaccurate content or materials
posted on the website in connection with the service and is not responsible
for the conduct, whether online or offline, of any user of the website or member
of the service. IvisitU 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.
IvisitU is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players, including injury or damage
to members or to any other person's computer related to or resulting from participating
or downloading materials in connection with the service. under no circumstances
will We be responsible for any loss or damage, including personal injury or
death, resulting from anyone's use of the website or the service, any content
or materials posted on the website or transmitted to members, or any interactions
between users of the website, whether online or offline. The website and the
service are provided "as-is" and "as-available" and IvisitU
expressly disclaims any implied warranties of merchantability, fitness for a
particular purpose and non-infringement. IvisitU cannot guarantee and does not
promise any specific results from use of the website and/or the service
LIMITED LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA,
LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR
AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID,
IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING
TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES,
DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF
THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING
AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED
TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES,
BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
TERMINATION OF AGREEMENT
a) You may at any time and without the need to provide any
reason end Your registration with IvisitU by requesting the closure of Your
account. In order to delete Your Membership profile and to end this contract,
You need to login and following the appropriate link. If You have problems logging
in, so that You can not delete Your profile Yourself, You will need to contact
us using the feedback form or sending an email to us. If Your profile has not
beed removed by us, please contact us again for the case Your email has not
arrived or accidentally not been read.
b) IvisitU may terminate Your Membership at any time by written
notification. Fees paid are refundable at the discretion of IvisitU. If You
breach the Membership Rules, We may terminate Your Membership immediately and
without notice. We do not offer refunds for memberships terminated due to infringement
of the Membership Rules. In exceptional circumstances refunds may be offered
solely at the descretion of the IvsitU management.
If You rejoin the site having previously been deleted or banned
from the site for infringement of the Membership Rules, IvbisitU reserve the
right to delete You again without notice, and without refunding any fees paid.
INDEMNITY
You agree to indemnify and keep indemnified IvisitU and all
members of it staff against any and all losses, proceedings, lost profits, damages,
awards, expenses, costs (including increased administration costs and legal
costs on a full indemnity basis), claims, actions and any other losses and/or
liabilities suffered by IvisitU and arising from and/or relating to Your use
of the service, information and/or other material posted on the service by You
and/or arising from or due to any breach of contract, any tortious act and/or
omission and/or any breach of statutory duty by You.
APPLICABLES LAWS
This Agreement shall be interpreted under the laws of the State
of Delaware. Any litigation under this Agreement shall be resolved in the trial
courts of Wilmington, State of Delaware.
AGREEMENT TO BE BOUND
By registering for the IvisitU Service through our online application
process, You acknowledge that You have read and agree to be bound by all terms
and conditions of this Agreement and documents incorporated by reference. You
agree that this Agreement contains the entire, complete and exclusive Agreement
between You and IvisitU regarding the use of the Service.
AMENDMENTS
IvisitU may change the terms and conditions from time to time.
IvisitU will post the amended terms and conditions on the IvisitU.com website
upon any such change. The amendments automatically become effective immediately
after they are initially posted on this website and any use of the Service occurring
after such date is subject to the amendments. Your continued use of the Service
after the posting of the amended terms and conditions on the website constitutes
Your acknowledgement of the terms and conditions and its modifications and Agreement
to abide by and be bound by the Agreement, as amended. The terms and conditions
of this Agreement may not otherwise be amended, except in writing signed by
both parties.
SEVERABILITY
You agree that the terms of this Agreement are severable. If
any term or provision is declared invalid or unenforceable, in whole or in part,
that term or provision will not affect the remainder of this Agreement; this
Agreement will be deemed amended to the extent necessary to make this Agreement
enforceable, valid, and to the maximum extent possible consistent with applicable
law, consistent with the original intentions of the parties; and the remaining
terms and provisions will remain in full force and effect.
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