License to Use the Site
www.Binoculars-world.com, a division of Fortune Four, LLC., grants you a limited, non-exclusive and non-transferable right to access, use and display the Site and the materials thereon and use the Services for your personal purposes only, provided that you comply fully with these Terms and Conditions. You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or by any other means.
Fortune Four, LLC owns, controls, and licenses, or otherwise has the right to use and provide, the Site and all material on the Site, including without limitation all text, images, articles, photographs, illustrations, audio and video clips contained therein (collectively, the “Site Material”). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other intellectual property laws. Fortune Four, LLC is the owner of the copyright in and to the Site and the selection, coordination, arrangement and enhancement of it. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.Except as provided in these Terms and Conditions, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse-engineer, create derivative works from, or otherwise exploit any of the Site Material or any part of the Site without the prior written consent of Fortune Four, LLC You may download one (1) copy of Site Material for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Site Material, including without limitation the trademarks and service marks of Fortune Four, LLC and its affiliates or the copyright holder identified in the individual Site Material’s copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Site Material. In the event of any permitted copying, redistribution or publication of material from the Site, you may not make any changes in or deletion of author attributions, trademarks, legends or copyright notices. You may obtain more information on the copyrights, trademarks, and service marks of Fortune Four, LLC and its affiliates and Site Material owners by viewing the copyright and trademark notices posted on the Site.Fortune Four, LLC logos are trademarks and/or service marks of Fortune Four, LLC All trademarks and service marks owned by Fortune Four, LLC including such logos, may not be used without the permission of Fortune Four, LLC All rights reserved. Any other marks appearing on the Site are the property of their respective owners and may not be used without permission.
Changes to Terms and Conditions
Fortune Four, LLC reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes. You acknowledge and agree that Fortune Four, LLC will not be liable to you or any third party in the event that Fortune Four, LLC exercises its right to modify or terminate access to the Site or portions of the Site.
Changes to the Site
Fortune Four, LLC shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to the Site Material, Services features, or hours of availability. Fortune Four, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. You acknowledge and agree that Fortune Four, LLC will not be liable to you or any third party in the event that Fortune Four, LLC exercises its right to modify or terminate access to the Site or portions of the Site.
Monitoring, Editing and Disclosure of Communications
You agree that Fortune Four, LLC as the right, but not the obligation, to monitor Communications posted by you or others at any time for any reason and in its sole discretion to assure compliance with these Terms and Conditions and any other operating rules that Fortune Four, LLC. may establish from time to time. Notwithstanding this right, Fortune Four, LLC. does not and cannot review all Communications, and Fortune Four, LLC. is not responsible for any Communications. Fortune Four, LLC. reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication as may be necessary to comply with any law, regulation or government or agency request or if, in Fortune Four, LLC.’ sole discretion, such Communication is in violation of these Terms and Conditions or is otherwise objectionable.
Fortune Four, LLC.’ Rights in Materials Provided by Users
Fortune Four, LLC welcomes your comments regarding the Site. However, any and all Communications provided by you to us through the Site may be included in a database owned by Fortune Four, LLC. and its subsidiaries and affiliates, and in which we possess all rights and interest, including but not limited to, a compilation copyright. We reserve the right to use any Communication you provide to us, or any information or materials contained therein or that we otherwise obtain through your use of the Site, to the fullest extent permitted by law.By using the Site, you grant toFortune Four, LLC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Communications that you post on the Site, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Fortune Four, LLC. of any material or idea submitted by you in any Communications, or receive any compensation for such use. You waive all rights to any claim against Fortune Four, LLC. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Fortune Four, LLC. is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from the Site (other than credit card data submitted through appropriate channels via the Site) are not confidential, and to that extent your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Fortune Four, LLC., no confidential, fiduciary, contractually implied or other relationship is created between you and Fortune Four, LLC. or any Fortune Four, LLC. affiliate or subsidiary other than pursuant to these Terms and Conditions. Fortune Four, LLC. shall not be responsible for the payment of any amounts to any party in connection with Fortune Four, LLC.’ use of Communications submitted by you to our Sites.
Fortune Four, LLC. respects the intellectual property of others, and we ask our users to do the same. Fortune Four, LLC. may, in appropriate circumstances and at its unfettered discretion, terminate the access of users, subscribers and account holders who infringe the intellectual property rights of others.If you believe that your work has been copied and is accessible on binoculars-world, or any of the Services offered through the Site, in a way that constitutes copyright infringement, or that binoculars-worls.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Fortune Four, LLC by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512, to Fortune Four, LLC
You shall indemnify, defend and hold harmless Fortune Four, LLC its affiliates, and all of their respective officers, directors, owners, agents, employees, Site Material providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of any of Fortune Four, LLC.’ Sites and/or Services, including but not limited to any Communications attributable to you. Fortune Four, LLC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Fortune Four, LLC..
Links to Other Web Sites
The Site may contain links to third party sites and resources (the “Linked Sites”). Unless otherwise noted on the Site, links to and from any Linked Site do not constitute an endorsement by or association with Fortune Four, LLC. or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Fortune Four, LLC. or the Sites’ sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name or logo displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Fortune Four, LLC. or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site’s site administrator or webmaster. Fortune Four, LLC. does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITES, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Fortune Four, LLC. DOES NOT WARRANT THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. Fortune Four, LLC. DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE SERVICES USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES, HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO SESSION ID DATA. Fortune Four, LLC. AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Fortune Four, LLC.’ NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE OR INAPPROPRIATE BY INDIVIDUAL USERS, AND EACH USER MUST EXERCISE HIS OR HER DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE. UNDER NO CIRCUMSTANCES SHALL Fortune Four, LLC., ITS SUBSIDIARIES, AFFILIATES, ADVERTISERS OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS ON THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.You agree that any claim or cause of action arising out of your use of the Site or any Services must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
To use certain features of the Site, you may need a username and password, which you will receive through the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password and account. You agree to notify us immediately of any unauthorized use of your password and account or any other breach of security, and to ensure that you exit from your account at the end of each session. Fortune Four, LLC. cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Notice to Users Outside the United States and Canada
Fortune Four, LLC. makes no representation that the Site or the Services are appropriate or available for use in locations other than the United States and Canada, and the European Community. Those who choose to access the Site from locations outside of the U.S., Canada or the European Community do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions and/or the Site or any Services shall be an appropriate State or Federal court located in New York County in the State of New York, and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
You acknowledge (a) that you have read and understood these Terms and Conditions; and (b) that these Terms and Conditions have the same force and effect as a signed agreement.
If you have any questions regarding these Terms and Conditions and/or our Sites in general, please feel free to contact us