TERMS OF SERVICE
***Effective Date: March 30, 2019***
--- SECTION 1 - OVERVIEW ---
cherryvest.com is a premium domain that is available for purchase. cherryvest.com is operated by fai.host.
Throughout this "Term of Service", the terms "we", "us", "our", "the company", or "our company" refer to "cherryvest.com". "cherryvest.com" offers our website, including all information, tools, and services available from our website and/or our server to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. These terms apply to all protocols which are used to access our website or server. For example, you can access our website through the "HTTP", "HTTPS", or "FTP" protocol and these terms will still apply.
By interacting with our website or our server(For example, visiting our website, read our articles, read our posts, accessing our RSS or ATOM feed, use our tools, download any files from our website, posts an article, post a comment, post a link, upload any contents to our website or our server, play the embed games from our website, and/or purchasing something from us, etc...), you engage in our "Service"("Service", "Our Service", "The Service") and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These "Terms of Service" apply to all users of our site, including without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of contents.
Please read through this agreement carefully before accessing or using our website. By accessing or using any part of our website, you agree to be bound by the terms of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these "Terms of Service" agreement is considered an offer, acceptance is expressly limited to these "Terms of Service".
Any new features or tools which are added to "Our Service" shall also be subject to these "Terms of Service". You can review the most current version of our "Terms of Service" on this web-page. We reserve the right to update, change or replace any part of our "Terms of Service" by posting updates and/or changes to this web-page. It is your responsibility to check this web-page periodically for changes. Your continued use of "Our Service" following the posting of any changes constitutes acceptance of those changes.This agreement have the following sections:
- General conditions.
- Personal information.
- User consent to receive communications in electronic form.
- Accuracy, completeness and timeliness of information.
- Errors, inaccuracies and omissions.
- Optional tools.
- External resources.
- Embed contents.
- User comments, feedback and other submissions.
- Online content disclaimer.
- Prohibited uses.
- Intellectual property.
- Copyright complaints and copyright agent.
- Disclaimer of warranties; limitation of liability.
- Contact information.
- Entire agreement.
--- SECTION 2 - GENERAL CONDITIONS ---
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our website where the copyright license prohibited you to do so, without an express written permission by us.
You agree that any cause of action related to or arising out of your relationship with us must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These "Terms of Service" and your use of "Our Service" are governed by the laws of Canada and the laws of the Province of British Columbia without regard to conflict of law provisions.
We may assign or delegate these "Terms of Service", in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these "Terms of Service" without our prior written consent and any unauthorized assignment and delegation by you is void.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
--- SECTION 3 - PERSONAL INFORMATION ---
--- SECTION 4 - USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM ---
For contractual purposes, if you (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all "Terms of Service", agreements, notices, disclosures, and other communications that we provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
--- SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ---
We are not responsible if information made available on our website are not accurate, complete, or current. The materials on our website are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on any material on our website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
--- SECTION 6 - ERRORS, INACCURACIES AND OMISSIONS ---
Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate, but not limited to, our articles, our blog posts, our authors' articles, our authors' blog posts, our contributors' articles, our contributors' blog posts, our User Content; and/or our product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders if any information provided on our website is inaccurate at any time without prior notice (including, but not limited to, after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on our website. No specified update or refresh date applied to our website, our server, or on any websites should be taken to indicate that all information from us or on any related websites has been modified or updated.
--- SECTION 7 - OPTIONAL TOOLS ---
We may provide you with access to third-party tools, of which we neither monitor, have any control over, nor have any input in.
You acknowledge and agree that if we provide access to such tools, it would be "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through "Our Service" is entirely at your own risk and discretion. You should ensure that you are familiar with the usage of the tool(s) you use. You also acknowledged that you aware and approve of the terms of the relevant third-party that provided the tool(s) that you use if you use them.
We may also, in the future, offer new services and/or features through our website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these "Terms of Service".
--- SECTION 8 - EXTERNAL RESOURCES ---
Certain content, products, and services available via "Our Service" may include materials from third-parties, this including, but not limited to, linking to, or directly embed third-parties's materials into our web-pages.
Third-party links on our website may direct you to third-party websites that may or may not be affiliated with us. We, however, are not responsible for examining or evaluating the content or accuracy of any third-party website. Furthermore, we do not warrant and will not have any liability or responsibility for any third-party's materials or websites, or for any other materials, products, or services of any third-party.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or contents or any other transactions made in connection with any third-party website. We encourage you to carefully review third-party's policies and practices and make sure that you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding any third-party's product/service should be directed to the relevant third-party.
Software or content of any third-party website or any third-party application that we link to, permit the use or installation, or promote usage does not imply approval or endorsement thereof by us. If you decide to leave our website to access a third-party website to use or to install any third-party application, software, or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including, but not limited to, the privacy and data gathering practices of any website that you navigate to from our website. You should also be aware of terms and policies that are relating to any third-party application that you use or install that mentioned by us.
--- SECTION 9 - EMBED CONTENTS ---
Any web-page on our website may have contents that embeds from third-party(ies) that may or may not be affiliated with us. When you are visiting a page on our website that has contents embed from any third-party and when that embed content is loading or loaded, it is similar to if you were to visit the third-party website that the content was embed from. You acknowledge that, in those events where any of our web-pages have any embed content on, the "Terms" and "Policies" of any third-party that we embed the content from do apply concurrently with our "Terms" and "Policies".
We encourage you to review and be aware of the applicable terms and policies that associate with the contents that embed from third-party(ies) on our website, including, but not limited to, the third-party's privacy and data gathering practices.
We are not responsible for examining or evaluating the content or accuracy of any content embed from any third-party. Furthermore, we do not warrant and will not have any liability or responsibility for any content embed from any third-party, or for any other materials, products, or services of any third-party.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any content embed from a third-party. Complaints, claims, concerns, or questions regarding any content embed content, products, or services of any third-party should be directed to the relevant third-party.
--- SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS ---
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials and whether if it was online, by email, by postal mail, or otherwise (collectively, 'User Content'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any "User Content" that you forward to us. We are and shall be under no obligation (1) to maintain any "User Content" in confidence; (2) to pay compensation for any "User Content" unless we stated otherwise; or (3) to respond to any message in regard to any "User Content".
You hereby affirm that we have the right to determine whether any of your "User Content" submissions are appropriate and comply with these "Terms of Service". We may, at our discretion, remove any and/or all of your submissions.
We may, but have no obligation to, monitor, edit or remove contents that we determine in our sole discretion that are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these "Terms of Service".
You agree that your "User Content" will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your "User Content" will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus/malware that could in any way affect the operation of "Our Service" or any other entity. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or any third-party as to the origin of any "User Content". You are solely responsible for any "User Content" you make and their accuracy. We take no responsibility and assume no liability for any "User Content" posted by you or by any third-party.
You understand and agree that any liability, loss, or damage that occurs as a result of the use of any of your "User Content" that you make available or accessible through your use of "Our Service" is solely your responsibility. We are not responsible for any public display or misuse of your "User Content". We do not and cannot pre-screen or monitor all "User Content". However, at our discretion, we or the technology we employ may monitor and/or record your interactions with "Our Service".
10.b. - License grant
Unless we stated otherwise, by posting any "User Content" via our website, you expressly grant, and you represent and warrant that you have a right to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such "User Content" and your name, voice, and/or likeness as contained in your "User Content", if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with "Our Service".
--- SECTION 11 - ONLINE CONTENT DISCLAIMER ---
Opinions, advice, statements, offers, or other information/content made available through "Our 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 our website and neither do we adopt nor endorse, nor is the responsible for, the accuracy or reliability of any opinion, advice, or statement made by users or third parties. We take no responsibility and assumes no liability for any "User Content" that you, any other user, or third-party posted or submitted to "Our Service". Under no circumstances will we be responsible for any loss or damage resulting from the reliance of anyone on information or other content available through our website.
Though we strive to enforce these "Terms of Service", you may be exposed to "User Content" that is inaccurate or objectionable. We reserves the right, but has no obligation, to monitor the materials posted in the public areas of "Our Service", to limit or deny a user’s access to "Our Service", or take other appropriate action if a user violates these "Terms of Service" or engages in any activity that violates the rights of any person or entity of which we deem unlawful, offensive, abusive, harmful, or malicious.
We shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate the terms of this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. If you become aware of misuse of "Our Service", please contact us at firstname.lastname@example.org.
--- SECTION 12 - PROHIBITED USES ---
In addition to other prohibitions as set forth in the "Terms of Service", you are prohibited from using the website or its content:
(a) for any unlawful purpose;
(b) for any obscene or immoral purpose;
(c) to solicit others to perform or participate in any unlawful acts;
(d) to interfere or attempt to interfere with the proper functioning of our website;
(e) to make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our server(s) or network infrastructure;
(f) to post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, or otherwise objectionable and offensive;
(g) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(h) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(i) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(j) to submit false or misleading information;
(k) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related websites, other websites, or the Internet;
(l) to collect or track the personal information of others;
(m) to spam, phish, pharm, or pretext.
(n) to spider, crawl, or scrape unless you are a search engine, web archiver, web indexer, or a banklink monitorer or if you have legitimate reasons to; or
(o) to interfere with or circumvent the security features of "Our Service" or any related websites, other websites, or the Internet. We reserve the right to terminate your use of "Our Service" or any related website for violating any of the prohibited uses.
--- SECTION 13 - INTELLECTUAL PROPERTY ---
Unless stated otherwise, you acknowledge and agree that we, our licensors, vendors, authors, and/or contributors retain ownership of all intellectual property rights of any kind related to our website, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on our website may be trademarked by their respective owners. Unless stated otherwise, we reserve all rights where applicable that are not expressly granted to you under this Agreement.
--- SECTION 14 - COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT ---
Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at email@example.com:
The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your User Content that has been removed from our website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
--- SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY ---
We do not guarantee, represent, or warrant that your use of "Our Service" will be uninterrupted, timely, secure, or error-free.
We do not guarantee, represent, or warrant that the results that may be obtained from the use of "Our Service" will be accurate or reliable.
You agree that from time to time we may remove "Our Service" for indefinite periods of time or cancel "Our Service" at any time, with or without notice to you.
You expressly agree that your use of, or inability to use "Our Service" is at your sole risk. "Our Service" and all products and services delivered to you through "Our Service" are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall cherryvest.com, our parent, subsidiaries, directors, officers, employees, subcontractors, interns, agents, affiliates, partners, contractors, licensors, service providers, suppliers, vendors, authors, or contributors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of "Our Service" or any products procured using "Our Service", or for any other claim related in any way to your use of "Our Service" or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of "Our Service" or any content (or product) posted, transmitted, or otherwise made available via "Our Service", even if advised of their possibility. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
--- SECTION 16 - INDEMNIFICATION ---
You agree to indemnify, defend and hold harmless cherryvest.com and our parent, subsidiaries, directors, officers, employees, subcontractors, interns, agents, affiliates, partners, contractors, licensors, service providers, suppliers, vendors, authors, and contributors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these "Terms of Service" or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
--- SECTION 17 - SEVERABILITY ---
You agree that in the event that if any part of this agreement is determined to be unlawful, void, or unenforceable, such part shall be replaced by valid term(s) that matches the original intention of the invalid/unenforceable part where permitted by applicable law or be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this agreement, such determination shall not affect the validity and enforceability of any other remaining portions of this agreement.
--- SECTION 18 - TERMINATION ---
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These "Terms of Service" are effective unless and until terminated by either you or us. You may terminate these "Terms of Service" at any time by notifying us that you no longer wish to use "Our Service", or when you cease using all of "Our Service".
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of this agreement, we may terminate this agreement at any time without notice and/or accordingly we may deny you access to "Our Service" (or any part thereof); and where applicable you will remain liable for all amounts due up to and including the date of termination,
--- SECTION 19 - AMENDABLE ---
You can review the most current version of our "Terms of Service" on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these "Terms of Service" by posting updates and changes to here. It is your responsibility to check this web-page periodically for changes. Your continued use of or access to our website or "Our Service" following the posting of any changes to these "Terms of Service" constitutes acceptance of those changes.
--- SECTION 20 - CONTACT INFORMATION ---
Questions about these "Terms of Service" should be sent to us at firstname.lastname@example.org.
--- SECTION 21 - ENTIRE AGREEMENT ---
The failure of us to exercise or enforce any right or provision from these "Terms of Service" shall not constitute a waiver of such right or provision.
These "Terms of Service" and any policies or operating rules posted by us on this website or in respect to "Our Service" constitutes the entire agreement and understanding between you and us and govern your use of "Our Service", superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the "Terms of Service").
Any ambiguities in the interpretation of these "Terms of Service" shall not be construed against the drafting party.