TERMS, CONDITIONS, AND PRIVACY POLICY
1. Your User Submissions and Conduct
A. As a Society for Fortuitous Events (“SFE”) and/or Luck Guide visitor you may submit textual content ("User Text"), image content (“User Images”), and video content ("User Videos"), and User Text, User Images and User Video are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, SFE does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize SFE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to SFE, you hereby grant SFE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SFE Website and SFE's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the SFE Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SFE Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the SFE Service. You understand and agree, however, that SFE may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Text are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SFE all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the SFE Community Guidelines, found at http://www.societyforfortuitousevents.com, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. SFE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SFE expressly disclaims any and all liability in connection with User Submissions. SFE does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SFE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SFE reserves the right to remove Content and User Submissions without prior notice.
2. Your Acceptance
By using and/or visiting this website (collectively, including all content and functionality available through the societyforfortuitousevents.com and/or theluckguide.com domain names, the "Society for Fortuitous Events Website", “SFE Website,” the “Luck Guide Website” or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) SFE's privacy notice, found at http://www.societyforfortuitousevents.com and incorporated here by reference, and (3) SFE's Community Guidelines, found at http://www.societyforfortuitousevents.com and also incorporated here by reference. If you do not agree to any of these terms, the SFE privacy notice, or the Community Guidelines, please do not use the SFE Website. SFE may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The content on the Society for Fortuitous Events (“SFE”) Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SFE, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SFE reserves all rights not expressly granted in and to the Website and the Content.
3. SFE Website
A. These Terms of Service apply to all users of the SFE Website, including users who are also contributors of video content, information, and other materials or services on the Website. The SFE Website includes all aspects of SFE, including but not limited to all products, software and services offered via the website.
B. The SFE Website may contain links to third party websites that are not owned or controlled by SFE. SFE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SFE will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve SFE from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the SFE Website and to read the terms and conditions and privacy policy of each other website that you visit.
4. Account Termination Policy
A. SFE will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. SFE reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SFE may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SFE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SFE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SFE WEBSITE. SFE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SFE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SFE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT SHALL SFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SFE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SFE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by SFE from its facilities in the United States of America. SFE makes no representations that the SFE Website is appropriate or available for use in other locations. Those who access or use the SFE Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
7. Indemnity
You agree to defend, indemnify and hold harmless SFE, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SFE Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SFE Website.
8. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the SFE Website is not intended for children under 13. If you are under 13 years of age, then please do not use the SFE Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
9. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SFE without restriction.
10. General
These Terms of Service, together with the Privacy Notice at http://www.societyforfortuitousevents.com and any other legal notices published by SFE on the Website, shall constitute the entire agreement between you and SFE concerning the SFE Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SFE's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. SFE reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the SFE Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SFE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SFE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
PRIVACY POLICY
The Society for Fortuitous Events maintains a strict policy of preserving your privacy and the confidentiality of any information given to us. Whether you visit our website or join the mailing list, please rest assured that your private information remains private. Neither your name nor your email address or website visiting patterns will be given to anyone else for any reason. We do not send unsolicited postal or e-mail mailouts. Any data you provide us will be stored securely on our own systems and only for the purposes which you have indicated you wish us to do so. If you wish to be removed from our mailing list database (or to alter any of the information we presently have for you), simply write to us at postmaster@societyforfortuitousevents.com. Please note that this website contains links to other sites. The Society is not responsible for the privacy practices or the content of those websites.