Term and Conditions
FindCountryHomes.com (FCH) provides its service to you subject to the following Terms and Conditions (“T&C”). All such guides and rules are hereby incorporated by reference into the T&C. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the T&C to that part, but to the extent of any inconsistency between the T&C and any guide or rule, the T&C will prevail.
Although, T&C are discussed here, our focus is on value for our users.
- DESCRIPTION & USE OF SERVICE
FCH currently provides users with access to a listings related website that contains information pertaining to home seekers and providers. Unless explicitly stated otherwise, any new features that augments or enhances the current Service shall be subject to the T&C. You acknowledge and agree that the Service is provided “AS IS” and you carry the responsibility of ensuring information is accurate. After we complete listing content or such on our end, it is up to you to ensure the information is correct.
You are responsible for the information in your content and for making any changes or amendments thereto. FCH reserves the right to make changes/additions and deletions to any part of your content for the purpose of correction/improvement and removing ads where ads are misrepresenting to our business or applicable laws. Refunds will be given at the discretion of the Company Management. Advertisers accept that their listing may not be displayed from time to time due to necessary maintenance or due to server problems beyond the control of the company. Buyers: Any business between yourself and a seller is between you and the seller and FCH will not be liable for any disputes of business or information. Your content will be shared within our networks as part of value proposition. You gives us the right to market this content as required within our strategies
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself and your business as prompted by the Service’s registration form (such information being the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FCH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FCH has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify FCH of any unauthorized use of your password or account and any other breach of security, and
(b) ensure that you exit from your account at the end of each session unless special arrangement have been carried out (i.e. package deals). FCH cannot and will not be liable for any loss or damage arising from your failure to comply with these directions.
- MEMBER CONDUCT
You acknowledge that you are permitted to use all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials (“Content”), whether publicly posted or privately transmitted; you give FCH permission to market this media within its mediums. You, and not FCH, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service or transfer to us for completion of a final product. Under no circumstances will FCH be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to: * upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, FCH official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange; “stalk” or otherwise harass another; or collect or store personal data about other users You acknowledge that FCH does not always pre-screen Content, and that FCH and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, FCH and its designees shall have the right to remove any Content that violates the T&C or is otherwise objectionable.
You acknowledge and agree that FCH may preserve Content and may also disclose Content:
(b) for the purpose of properly administering your account in accordance with the standard operating procedures of FCH or its partner companies, and/or
(c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to:
(d) comply with legal process
(e) enforce the T&C
(f) respond to claims that any Content violates t he rights of third-parties; or
(g) protect the rights, property, or personal safety of FCH, its users and the public. You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. FCH reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.
- INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local and international laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside (if different from the aforementioned). When you are on any international property, you are bound by the Terms of Service and applicable laws governing that FCH property.
- COPYRIGHT ON YOUR DISPLAYED CONTENT
(a) With respect to Content you elect to post on the FCH website, including text, photographs, logos or other graphics, you grant FCH a world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the product or service that you wish to advertise on the FCH Network. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service
(b) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant FCH the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold FCH and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the T&C, or your violation of any rights of another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FCH may establish general practices and limits concerning use of the Service. You agree that FCH has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FCH reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FCH reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- MODIFICATIONS TO SERVICE FCH
reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FCH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that FCH in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if FCH believes that you have violated or acted inconsistently with the letter or spirit of the T&C. FCH may also in its sole discretion and at any time discontinue providing the Service, or any part thereof. Further, you agree that FCH shall not be liable to you or any third-party for any termination of your access to the Service.
- DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that:
(a) FCH shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and
(b) any orders placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FCH has no control over such sites and resources, you acknowledge and agree that FCH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FCH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- FCH PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software “) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or the information presented through the service or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect advertisers. Except as expressly authorized by FCH or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You expressly acknowledge and agree that: 1. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, FCH expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. 2. FCH makes no warranty or representation that
(i) the service will meet your requirements
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(v) any errors in the software will be corrected. 3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 4. No advice or information, whether oral or written, obtained by you from FCH or through or from the service shall create any warranty or other obligation not expressly stated in the T&C.
- LIMITATION OF LIABILITY
You expressly acknowledge and agree that FCH shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FCH has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service; or
(v) any other matter relating to the service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service of these T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- EXCLUSIONS AND LIMITATION
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations (DISCLAIMERS & LIABILITY) may not apply to you. In particular, nothing in these T&C shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of FCH.20. USE OF SERVICES IN CONNECTION WITH FINANCIAL MATTERS The Service is provided for informational purposes only and no Content included in the Service is intended for trading or investing purposes. FCH shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on the Service.
- TRADEMARK INFORMATION
FCH logos, trademarks and service marks and FCH product and service names are trademarks. (the “FCH Marks”). Without FCH is prior permission, you agree not to display or use in any manner, the FCH Marks.
- COPYRIGHTS AND COPYRIGHT AGENTS
FCH respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please report the matter to FCH by emailing or writing to us including the following information
*an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
*a description of the copyrighted work that you claim has been infringed;
*a description of where the material that you claim is infringing is located on the site; your address, telephone number, and mail address;
*a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner , its agent, or the law;
*a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.