Terms of Service

IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE, PRODUCTS, SERVICES, AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF FNVIRTUAL IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.  PLEASE READ ENTIRELY BEFORE ACCEPTING.

BY CLICKING THE “Accept” BUTTON, ACCESSING THE WEBSITE, OR UTILIZING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Welcome to FNvirtual.app. Our goal is to provide You with all the information You need to learn about and enjoy the event(s) you are attending.  We also want to ensure you are experiencing fruitful face-to-face networking with other delegates and participants. When You continue to browse and use this website, You are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern the relationship between You and the FNvirtual.app.  Most of the data on this site is taken from public sources of online information, however this website also contains material which is owned by or licensed to us. You should not copy any information contained on this site without seeking permission from the authorized owner. If You submit any data to our site, we may use it as part of a virtual event, which is viewable by all ticket holders and staff. You may contact us at any time to delete or change this data. The FNvirtual.app is owned and operated by “FNTECH”.

  1. DISCLAIMER.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND WE DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTY REGARDING THE PROFITABILITY OF TRANSACTIONS EXECUTED ON THE SITE OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE SITE, AND INFORMATION ON THE SITE IS NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, ACCOUNTING, TAX OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICCES OR THIS WEBSITE.  THE ENTIRE RISK ARISING OU OF USE OR PERFORMANCE OF THE SERVICES REMAINGS WITH YOU.  WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.

  1. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES (COLLECTIVELY, THE “DAMAGES”), ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE. THIS PROVISION ENTITLED “LIMITATION OF LIABILITY” APPLIES REGARDLESS OF: (A) OUR NEGLIGENCE; (B) OUR GROSS NEGLIGENCE; (C) ANY FAILURE OF AN ESSENTIAL PURPOSE; AND (D) WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS PROVISION ENTITLED “LIMITATION OF LIABILITY” APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. WE ARE NOT RESPONSIBLE AND NOT LIABLE FOR ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OTHER WEB SITES THAT LINK TO OR FROM THE SITE.

  1. YOUR USE OF THE SITE.

3.1 Your Right to Use the Site.

We grant You a non-exclusive, personal, and revocable right to access the Site.

3.2 Passwords.

You are responsible for protecting the confidentiality of Your password(s), and for the acts and omissions of any third party that accesses the Site through use of Your password, as if such acts and omissions were Your own.

3.3 Changes to the Site and Premium Features.

We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

  1. CHANGED TERMS.

We shall have the right at any time to amend these Terms of Use, effective immediately upon notice on the Site, and any use of the Site by You after notice is subject to these new amendments. Please note that access to premium site features may be subject to a fee and additional agreement(s), which we will provide to You for Your approval before charging you.

  1. EQUIPMENT.

You must obtain, pay for and maintain all software, hardware and anything else needed to use the Site, unless other arrangements have been made with FNTECH.

  1. YOUR CONDUCT.

6.1 Lawful Purposes.

You shall use the Site for lawful purposes only.

6.2 Intellectual Property.

The Site contains copyrighted material, trademarks, and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, music and sound. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original, granted or assigned to us. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, publicly distribute, publicly display, reproduce, publicly perform, or in any way exploit in any format whatsoever (including, without limitation, print and electronic formats) any of the Site content, without our prior written authorization. This material includes, but is not limited to, the design, layout, look, appearance and graphics. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.

6.3 Works and Material You Submit to the Site.

You shall not upload, post or otherwise make available on the Site any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with You. You are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all works or material submitted by You to the Site, You automatically grant, or warrant that the owner of such material has expressly granted, us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such works or materials. Except as limited under applicable law, and subject to any functionality on the Site allowing You to restrict access, You also permit any other Site user to access, view, store or reproduce the works or materials consistent with the provision entitled “Your Right to Use the Site”.

6.4 No Unauthorized Access and Unauthorized Activities on the Site.

The Site is only publicly available for the authorized uses described in these Terms of Use. Access to the Site is not authorized for any activities that interfere or have the potential to interfere with our possessory interest in the Site. Unauthorized activities, include, but are not limited to: any access and use of the Site for automated access, screen or data scraping, data acquisition and consolidation, automated offers; using the Site in an attempt to break security, or so as to actually break security of any computer network (including, without limitation, the Site itself); using the Site for unauthorized relays through any third party systems; attempting, in any way, to interfere with or deny service to any user or any host on the Internet; using the Site to engage in unsolicited commercial email, or to add or attempt to add addresses to any mailing list (Yours or a third party’s); using the Site to engage in flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s), or any other denial of service attacks; furnishing false data on Your sign-up form, contract, or online application, including, without limitation, providing fraudulent payment information; actively engaging in or authorizing making the Site or any portion available as part of a “co-branded” or “private label” web site, web service, or Internet access service, or as part of a “channel” through a software or Internet service, or similar arrangements or relationships that offer or provide access to the Site from or through other web sites, web services, or Internet access services.

  1. MONITORING.

We have the right, but not the obligation, to monitor the content of the Site, to determine compliance with these Terms of Use, any other agreement between You and us, and any operating rules established by us, as well as to satisfy any law, regulation, authorized government request, or trade association guideline. We have the right to edit, refuse to post or remove any material submitted to or posted on the Site. You acknowledge and agree that any communication or material You post or transmit to the Site is, and will be treated as, non-confidential and non-proprietary. Without limiting the foregoing, we shall have the right to remove any material that we find violates these Terms of Use, may cause liability for us, or is otherwise objectionable.

  1. TERMINATION AND SURVIVAL.

Either we or You may terminate these Terms of Use at any time. Without limiting the foregoing, we shall have the right to immediately terminate these Terms of Use, as to You, by terminating Your access to the Site, for our convenience, for any reason or no reason, or for any breach by You of these Terms of Use. You may terminate these Terms of Use by deleting Your profile and ceasing to use the Site, but if You use the Site again in the future, then You will have agreed to these Terms of Use again. Sections 1, 2, 3, 6, 7, 8, 9, 10, 11, 12 and 13 survive any termination or expiration of these Terms of Use.

  1. TRADEMARKS.

The following trademark(s) are owned by us, all rights reserved: FNVIRTUAL, FNTECH. All other trademarks appearing on the Site are the property of their respective owners. You gain no rights of any nature whatsoever in our trademarks, service marks or trade names through Your use of the Site.

  1. NO ENDORSEMENT OF SITE CONTENT.

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on or off the Site by anyone other than one of our authorized employee spokespersons while acting in their official capacities. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or through a Site user. Advice of a professional may be necessary for You to evaluate any specific information, opinion, advice or other content.

  1. PRIVACY AND OTHER POLICIES. Use of the Services is also subject to our Privacy Policy, a link to which can be found here. The Privacy Policy, and all other policies, are incorporated herein by this reference.  Additionally, You understand and agree that we may contact You via email or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving such notices. You also agree to have Your name and/or email address listed in the header of certain communications You initiate through the Services.
  2. INDEMNIFICATION. You agree to indemnify, defend and hold harmless FNVIRTUAL, its affiliates, officers, directors, employees, consultants, agents and suppliers from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services and the website, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.
  3. MISCELLANEOUS.

13.1 Choice of Law and Forum.  This Agreement shall be construed in accordance with, and all disputes hereunder, shall be governed by the laws of the state of California.  All parties to this Agreement agree to submit to personal jurisdiction in the County of Orange, state of California.  Any dispute that arises under or relates to this Agreement, shall be resolved in the applicable federal or state court in County of Orange, State of California, United States of America.

 

13.2 Waiver and Severability.  Failure by either Party to exercise any of its rights under, or to enforce any provision, of this Agreement will not be deemed a waiver of forfeiture of such rights or ability to enforce such provision.  If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

 

13.3 Notices. All notices to us under this Agreement must be sent info@fntech.com.