These terms of service outline the rules and regulations for the use of Findbne LLC's Website.
Findbne LLC is located at Sharjah, Shams Freezone, United Arab Emirates.
By accessing this website we assume you accept these terms of service in full. Do not continue to use Findbne LLC's website if you do not accept all of the terms of service stated on this page.
The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms of service. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of the provision of the Company's stated services/products, following and subject to, prevailing law of United Arab Emirates. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We employ the use of cookies. By using Findbne LLC's website you consent to the use of cookies following Findbne LLC's privacy policy.
Most modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.
Unless otherwise stated, Findbne LLC and/or Its licensors own the intellectual property rights for all material on Findbne LLC. All intellectual property rights are reserved. You may view and/or print pages from www.findbne.com for your own personal use subject to restrictions set in these terms of service.
You must not:
1. Republish material from www.findbne.com
2. Sell, rent, or sub-license material from www.findbne.com
3. Reproduce, duplicate or copy material from www.findbne.com
Redistribute content from Findbne LLC (unless content is specifically made for redistribution).
1. This Agreement shall begin on the date hereof.
2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material, and data ('Comments') in areas of the website. Findbne LLC does not screen, edit, publish or review Comments before their appearance on the website and Comments do not reflect the views or opinions of Findbne LLC, its agents, or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Findbne LLC shall not be responsible or liable for the Comments or any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
3. Findbne LLC reserves the right to monitor all Comments and remove any Comments which it considers in its absolute discretion to be inappropriate, offensive, or otherwise in breach of these Terms of Service.
4. You warrant and represent that:
4.1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
4.2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
4.3. The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material which is an invasion of privacy
4.4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
5. You hereby grant to Findbne LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any forms, formats, or media.
1. Without limitation to all other rights enjoyed by Findbne, we expressly reserve the right at any time to Modify these Terms as provided herein;
2. Change the Services, including eliminating or discontinuing any content on or feature of the Services, and/or adding new features, categories, business models, offerings;
3. Terminate the membership of any member without refund and/or pursue legal action against any use of this website that does not comply with these Terms, though Findbne assumes no obligation to do the same;
4. Change any fees or charges for using the Services;
5. Change, edit, add to, disable or delete any Artist Profile information or imagery at our sole discretion, or other content within the Services, without notice;
6. Terminate “agencies / Event Planner” accounts we feel may be putting our members at risk, either
because they have not provided a valid phone number or because of suspicions we may have regarding the validity of an inquiry;
7. Monitor any member-to-client and/or member-to-member interactions;
7.1. Revoke any account without refund for acting in a manner Findbne deems inappropriate or
7.2. unprofessional during any aspect of member-to-client or member-to-member interaction, including
7.3. without limitation: initial contact, booking negotiation, performance or service provision, and
settlement of payment due;
7.4. Hold a deposit or balance payment if at our sole discretion we determine that the booking is a risk for fraud;
8. Require a deposit or balance payment be returned to Findbne if a booking is not honored and/or we determine a violation of these Terms has occurred. Failure to return payment, when requested, could result in permanent removal from the Services; and Remove any member account at any time for any reason.
At all times when using or accessing the Services, you agree that:
Failure to comply with the foregoing provisions outlined under “Online Conduct” above may result in immediate suspension or termination of your right to use the Services without refunding your membership fees. Findbne reserves the right, in its sole discretion and in all instances, to determine whether you have or have not complied with any provision contained in these Terms.
The contents of our Services, and the Services in general, are intended strictly for (i) providing a forum for performers, speakers, bands, vendors, musicians, and other talents to post information about themselves, and (ii) facilitating the booking of such talent for engagements to provide entertainment services (collectively, “Permitted Uses”). Selling or offering to sell any interest in real property, any personal property, or other tangible good (as opposed to your entertainment services) is not a Permitted Use of the Services and is strictly prohibited. You represent and warrant that you understand, and agree, that Findbne is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any users of our Services regarding the provisions of services at any event or engagement. While we do believe that Findbne members will achieve some amount of exposure from a listing within our Services, we do not guarantee in any way that the use of our Services will produce paying clients for our members. We do not guarantee that users who supply services as a result of introductions made through Findbne will be paid for their services. We do not represent or guarantee that our Services will further the careers of our members, help them financially, or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore, Findbne does not take responsibility for the content of any member profile, or member services offered on any profile. Findbne does not endorse, sanction, or verify, and specifically disclaims responsibility or liability for, any member or user profiles. Concerns regarding any such service, resource, or link posted or offered by a member should be directed to the particular member. Findbne does not endorse, sanction, or verify members on this website. Contacting these members, whether through our services or separately is at your own risk, and we disclaim all liability about your dealings with any member listed within our Services.
In order to use Findbne’s Site and other Services you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Services. The Services are not intended for any children under the age of 13.
A legal guardian of a minor who is at least 13 years of age may create a profile for a Minor and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account, and such a legal guardian’s consent must be verifiable by Findbne. Some areas of the Site and App may contain material that is inappropriate for Minors.
Findbne does not control the availability or content of any outside websites, applications, services, or resources (collectively, “third-party services”) to which the Services may link. Concerns regarding any such third-party services or links thereto should be directed to the particular outside third-party service. Unless stated otherwise, Findbne does not endorse, sanction, or verify third-party services to which our Services link, and we or our users provide these links merely for the convenience of users of our Services. Access to such third-party services is at your own risk, and we disclaim all liability concerning your access to such third-party services. Also, we do not endorse, sanction, or verify third-party services that link to our Services, even if any logo or mark of Findbne is used as part of the link to our Services.
Disclosures About You by Findbne.
Without limiting any of the foregoing, you agree that Findbne may use or disclose information about you and your use of the Services in accordance with these Terms and our Privacy Policy, which is incorporated by reference herein. With respect to any information relating to other users of the Services to which you may be permitted access through the Services, you agree that you may use such information only in connection with activities related to the purpose of the Services, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.
Except only as expressly provided otherwise herein, by using the Services you acknowledge and agree that Findbne is not the partner, agent, joint venture, or otherwise an affiliate of you, any member, or any other user of the Services.
Registration and Membership of Users.
While you can utilize our Services, and review a range of information about entertainers and groups of entertainers, as well as other materials relating to the entertainment industry, without registering, to post information through our Services, and to obtain access to certain other materials or information from our Services, you must become a registered user to access certain information or complete certain transactions. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Services, you agree to provide us with accurate, complete, and updated information required by the registration form, including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms. Information provided to us by you in connection with registering at our Services will be maintained and protected by us in accordance with these Terms and with the terms of our Privacy Policy.
Members shall not have more than one free profile at any one time if they are part of the same affiliation, regardless of location or act name specified in the Event provider profile. Any free Event provider profile may be terminated or redacted by Findbne at any time, for any reason, and without notice. You hereby grant Findbne permission to add content to your Event provider profile at our sole discretion by uploading content found on the website link that you post as your “Official Website” in order to increase the quality or presentation of your Event provider profile.
When you register to use our Services, you will create a password and a user ID, which will provide you access to certain services and materials available through the Services unless revoked by us for any reason. You agree not to disclose your user ID and password to any third party. If at any time you believe that your user ID and/or password has been revealed to any other parties, or otherwise compromised, you agree to notify us in writing immediately and to change your user ID and/or password immediately through the member control panel within our Services. You agree to be responsible for and to indemnify, defend and hold Findbne, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. You are solely responsible for maintaining the confidentiality of your user ID and password, and for any and all activities that are conducted by you or anyone else through your account.
Certain parts of the Site and Services may be accessed and used without charge. For use of certain other parts of our Site and Services, however, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Current fee information is available on the Site. All fees due from you to us hereunder, including to the extent applicable, transaction-based service fees, monthly fees, annual fees, one-time fees, takedown fees, and the like, are referred to herein as “Findbne Fees.” All financial information addressed within the Services (including Findbne Fees, gig quotes, deposits, and/or any other various pricing information) is given in terms of AED for those residing and performing in the United Arab Emirates.
By registering for an Event provider profile, you authorize us to charge your credit card, debit card, or other payment methods at such time. You agree that we may charge all Findbne Fees owed in connection with your Event provider profile (the “Event provider profile Fees”) to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided to us. You are solely responsible for the timely payment of all Event provider profile Fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “Findbne.” You agree not to cause your credit or debit card company to reverse or “chargeback” any Event provider profile Fees charged in accordance with these Terms; and the event, you do so, we may terminate your use of the Services and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.
If you choose a paid subscription to a Service, your subscription will continue indefinitely until canceled by you. After your initial payment of the Event provider profile Fee, your subscription will automatically renew on the interval you choose when subscribing to that Service. You agree that your subscription will be subject to this automatic renewal feature. If you do not wish for your subscription to renew automatically, or if you want to change or terminate your subscription to a Service, please log in to your account and follow the cancellation process. If you cancel your subscription to a Service, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the Event provider profile Fee paid for the then-current subscription period. By registering for an Event provider profile, and choosing a paid subscription, you authorize us to charge your credit card or debit card at the beginning of each renewal subscription period. Upon the renewal of your subscription, if we do not receive payment, you agree that we may either terminate or suspend your use of the Services, or revert your account to a free Event provider profile, thus losing any applicable features or benefits of a paid subscription.
When you reach the end of a paid subscription, your account will revert to a free Event provider profile, thus losing any applicable features or benefits of a paid subscription, unless you log in to your account and renew your subscription.
All sales are final and will not be refunded, unless specifically agreed to otherwise by us.
Content Ownership:
Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, articles, images, illustrations, designs, icons, photographs, images, videos, sound clips, or any other materials within the Services (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Findbne. The Services as a whole is protected by copyright, trademark, trade dress, and other proprietary rights, all worldwide right, title, and interest in and to which are owned and controlled by Findbne. Unless otherwise noted, by using a third party’s trademark or trade name within our Services, Findbne does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Findbne hereby expressly disclaims any such affiliation or endorsement.
Site and Services Use License
Subject to these Terms and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Contents. Except with respect to your use of certain Services that provide for or facilitate commercial activities, you understand that the Site and Contents are for your personal and non-commercial use only. Except as expressly permitted by these Terms, the functionality of the Site or App (i) no Contents (other than your Submissions) may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Contents, including trademarks, service marks, logos, slogans, or taglines of us or third parties, or any software or code relating to Findbne’s Site, App, or other Services.
License to Submissions.
Concerning any posts, text, photographs, names, images, likenesses, trademarks, service marks, logos, designs, images, video clips, music, musical work, sound recording, sound clips, media files, or other information or materials you may provide to Findbne for posting on your PromoKit (collectively, “Submissions”), such Submissions shall remain your property or your licensors’ property. You hereby unconditionally and irrevocably grant to Findbne and its affiliates and licensees a non-exclusive, worldwide, transferrable, and royalty-free right and license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, edit, create derivative works from, or otherwise use the Submissions in any media, now known or hereafter devised, solely in connection with the Services and/or advertisements or other materials promoting the Services.
If you have affiliated with a performance rights organization (“PRO”) concerning your public performance rights, such as BMI, ASCAP, SESAC, or GMR, then you may be prohibited from granting the same rights to us or a grant of public performance rights to us may prevent a PRO from collecting royalties on your behalf. In certain situations, a PRO may require that you provide the PRO with notice if you are granting public performance rights to another party. If you have an agreement with a PRO that includes such a provision, you are solely responsible for providing such notice to the PRO. You understand that no fees or payment of any kind whatsoever shall be due to any PRO or music publisher for use of your User Content as authorized in these Terms. Note: Findbne pays royalties to ASCAP and BMI to publically perform compositions from their affiliated artists through our Site. As a user of our Services, it is your obligation to determine the affiliation of compositions you upload to the Services. For a list of ASCAP and BMI artists, please contact ASCAP and BMI directly.
Findbne shall have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your Submissions as authorized in these Terms. The foregoing licenses and rights granted to Findbne will survive your removal of Submissions from the Services, the termination of your account use of the Services, or any other termination of these Terms unless we receive written notice of termination of such license(s) from you, at which point such license(s) will expire and we will stop using the specified Submissions within thirty (30) days. You agree to keep a copy of any Submissions you provide, as Findbne shall have no obligation to return any Submissions to you should they become damaged or lost.
You represent, warrant, and agree that:
Complaints About Perceived Trademark Infringement.
Findbne respects intellectual property rights and may remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that a Findbne member or any content within our Services violates your trademark rights, please seek legal advice. You may also read basic facts about trademark rights, published by the United States Patent and Trademark Office, here.
Once you have determined that a violation of your trademark rights (“infringement” for this Section 20) has occurred, we encourage you to contact the Findbne user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without Findbne’s involvement.
If you believe the perceived trademark infringement requires action by Findbne, you may choose to submit a formal claim of perceived infringement to Findbne in accordance with the following provisions of this Section 20. Submitting a claim of perceived infringement is a serious matter that has legal consequences, and you may not submit a claim of perceived infringement of someone else’s trademark rights. To submit a claim of perceived trademark infringement of Your Mark, please fill out all fields in this claim form, and fax, mail, or email the completed claim to Findbne as follows:
The FINDBNE LLC AKA Findbne
Attn: Maher El Tabchy, IP Enforcement Agent
Shams, Sharjah, UAE
Telephone: +971- 585-844-363
Email: admin (AT) Findbne (DOT) com
To be considered a complete claim, you will be required to provide all of the following information:
Findbne will process any claim complying with the foregoing. If we believe, in our sole discretion, that you have established a prima facie claim of trademark infringement, we will: (a) promptly suspend the member or disable access to the complained-of material, (b) notify the member of your claim, and (c) remove the material or member from the Services or take other action(s) to address the perceived infringement; however, if such member promptly provides Findbne with persuasive evidence or arguments, in Findbne’s discretion, that the complained-of materials do not infringe Your Mark and should not have been removed, we will reinstate the member and/or restore the materials. If we decide to restore any such material, we will notify you and encourage you to reach out directly to the member about your claim.
Please be advised that we may, at our discretion, provide an alleged infringer with any communications from you about the perceived infringement, including the claim form submitted by you, as well as any contact information we have on file for you. We may also provide any responses received and communication-related thereto, to the provider of the original notification of perceived infringement.
Without limiting Findbne’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the trademark rights of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s trademark rights in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
Complaints About Perceived Copyright Infringement.
Findbne respects intellectual property rights, and may remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that any content within our Services infringes any rights you enjoy under copyright law in specific material (a “Work”), please seek legal advice. You may also read basic facts about copyrights, published by the United States Copyright Office, here.
Once you have determined that a violation of your copyright interests (“infringement” for the purposes of this Section 21) has occurred relative to Work you created or own, you must follow the procedures set forth below.
User-Generated Content; DMCA.
If you believe that content within our Services that was generated by a member or other user infringes your copyright interests in your Work, we encourage you first to contact the user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without Findbne’s involvement.
If you believe the perceived copyright infringement requires action by Findbne, you must submit to Findbne a formal takedown notice (a “Takedown Notice”) fully compliant with the Digital Millennium Copyright Act (“DMCA”). The DMCA establishes the procedures to be followed when Findbne receives a Takedown Notice from a putative copyright holder or agent of a copyright holder (hereafter referred to as the “Complainant”). Submitting a Takedown Notice is a serious matter that has legal consequences, and you may not submit a Takedown Notice based on perceived infringement of someone else’s copyright interests, or of legal interests other than copyright interests.
You may prepare your own Takedown Notice. At a minimum, any Takedown Notice submitted to Findbne for processing must contain at least the following:
· An identification of the alleged infringing material and information reasonably sufficient to permit us to locate the material;
· Contact information of the Complainant, such as an address, telephone number, electronic mail address;
· A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
· A statement that the information contained in the Takedown Notice is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive copyright interest that is being infringed; and
· A physical or electronic signature of the Complainant.
You must submit the completed Takedown Notice to Findbne’s designated agent under the DMCA, which may be found here and is provided below:
The FINDBNE LLC AKA Findbne
Attn: Maher El Tabchy, IP Enforcement Agent
Shams, Sharjah, UAE
Telephone: +971- 585-844-363
Email: admin (AT) Findbne (DOT) com
Upon receipt of a Takedown, Notice Findbne deems substantially complete and valid, we will follow the notice, takedown and counter-notification procedures set forth in section 512(c) of the DMCA, beginning with expeditiously removing, or disabling access to, the complained-of material. Please be advised that we may provide an alleged infringer with any communications about the claimed infringement, including the Takedown Notice submitted by you. We may also provide any counter notifications received and communication-related thereto, to the provider of the original notice of a claimed infringement, as well as any contact information we have on file for the alleged infringer.
Without limiting Findbne’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the exclusive copyright interests of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s exclusive copyright interests inappropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
Other Content.
If you believe the perceived copyright infringement involves content generated by Findbne, rather than members or other users of the Services, please contact us with a detailed explanation of the perceived infringement. We will review what you send and promptly take appropriate action, at our discretion, if any action is required.
DISCLAIMER OF ALL WARRANTIES. All data and information featured in the Services is provided strictly “AS-IS” and without any warranties of any kind, either express or implied, including without limitation warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) the quality or availability of any postings made by you or any other users of the Services; (ii) whether any scheduled events or engagements will occur; (iii) whether persons or acts contacted through the Services will appear at any events or engagements; (iv) the ability of you or any other user of the Site to engage in transactions with any other user of the Services; (v) any details relating to any transactions you may engage in with any other use of the Services; (vi) the quality of the listings or other information offered by you or any user of the Services; (vii) the financial condition of you or any user of the Services; or (viii) compliance with local, state and federal laws by you or any other user of the Services. Findbne makes no representation that the information in the Services is appropriate or available for use in locations outside the United States, and access to the Services from locations where the provision of such information may be illegal is prohibited. Users who determine to access the Services from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
LIMITATION OF LIABILITY. Neither Findbne nor any person or entity affiliated or involved with creating, producing, hosting, maintaining, or delivering the Services shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Services. Your sole remedy as a result of any breach or alleged breach by us of these Terms is limited to your ability to discontinue use of the Site and App, and your ability to terminate your participation in any Services. To the maximum extent allowed by applicable law, Findbne shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content within the Services or information flowing through the Services.
ASSUMPTION OF RISK. Your use of the Services is at your sole risk. You should conduct your own independent investigation of the users of the Services before entering into any transaction with such persons. In no event shall we or any other party involved in creating, producing, or delivering the Services be liable for any financial or other obligations that may arise between you and any other user of the Services.
You acknowledge that documents posted to and content available through the Services may contain computer viruses and you expressly assume that risk. Should you download any such materials from the Services, it is your responsibility to perform any scanning or other anti-virus precautions as you deem necessary. Under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the Services. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Services.
WAIVER AND RELEASE. By using our Services, you hereby waive any rights of recovery, under any theory of law, that you may have against Findbne, and its parents, subsidiaries, and affiliates, and you release Findbne from any claim, cause of action or demand, on account of your use of the Services or the provision of the Services by Findbne.
Indemnification.
By using the Services, you agree to indemnify, defend, save and hold harmless Findbne, and its members, managers, employees, agents, representatives, licensors, affiliates, parents, subsidiaries, subcontractors, and partners (collectively, our “Related Parties”) against any loss, claims, judgments, damage, demands, cost, or expenses (including reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Services; (ii) any breach or violation by you of these Terms; (iii) any breach or violation by you of any representation or warranty made herein; and/or (iv) your violation of any rights of any third party. Without limitation, you agree to reimburse us and our Related Parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 26. We will promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you in an amount reasonably related to the claim and potential expenses.
Applicable Law.
These Terms and Findbne’s provision of the Services to you shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflict of laws provisions thereof and, as to matters affecting copyrights, trademarks, and patents, by the U.S. federal law.
Exclusive Jurisdiction.
You and Findbne further agree that any dispute, claim, or action to interpret or enforce these Terms, or in any way related to your use of, or Findbne’s provision of, the Services, may only be brought exclusively in the state or federal courts of North Carolina. You agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such claim(s).
Enforcement Costs.
Should either of us employ an attorney or attorneys to enforce any the provision(s) of these Terms, the non-prevailing party in any final judgment agrees to pay the prevailing party’s reasonable expenses, including attorneys’ fees and expenses, incurred in connection with such enforcement action and efforts, as determined by a court of competent jurisdiction.
Miscellaneous
Contacting Us
If you have any feedback, questions, concerns, or comments about any of the Services, please contact us. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
Modifications to the Services.
We may make improvements or other changes to the Services or to the information within and services offered through the Services, without notice to you. We may add, delete, move, or modify some or all of the Services at any time.
Transfer of Rights and Assignment.
Findbne may wish at some point to assign or transfer its rights in the Services to a third party, whether in connection with a merger, acquisition, asset sales, reorganization, or otherwise. You agree that Findbne may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by a privacy policy at least as protective as Findbne’s then-applicable Privacy Policy.
Relationship.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Findbne as a result of these Terms or your use of the Services.
Severability.
Invalidation of any provision of these Terms shall not impair or affect in any manner the validity and enforceability of the remaining portions, which in such event shall remain in full force and effect as if such invalid provision had never been included herein.
Captions.
The captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of this Agreement.
Entire Agreement; Amendments and Waiver.
These Terms comprise the entire agreement between you and Findbne regarding your use of the Services, and they supersede all prior understandings regarding the same. If we fail to enforce any of our rights arising out of these Terms, such failure shall not constitute a waiver thereof. To be valid and enforceable, any amendment to or waiver of these Terms must be made in writing, signed, or posted within the Services by Findbne.
Hyperlinking to our Content
1. The following organizations may link to our Web site without prior written approval:
1.1. Government agencies;
1.2. Search engines;
1.3. News organizations;
1.4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
1.5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.
2. These organizations may link to our home page, to publications, or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
3. We may consider and approve in our sole discretion other link requests from the following types of organizations:
3.1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
3.2. dot.com community sites;
3.3. associations or other groups representing charities, including charity giving sites,
3.4. online directory distributors;
3.5. internet portals;
3.6. accounting, law and consulting firms whose primary clients are businesses; and
3.7. educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Findbne LLC; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
· By use of our corporate name; or
· By use of the uniform resource locator (Web address) being linked to; or
· By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of Findbne LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms of service.
Removal of links from our website
If you find any link on our Web site or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
· limit or exclude our or your liability for death or personal injury resulting from negligence;
· limit or exclude our or your liability for fraud or fraudulent misrepresentation;
· limit any of our or your liabilities in any way that is not permitted under applicable law; or
· exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
