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PRIVACY
POLICY:
FEI Holdings (FEI) places a very high value on the
privacy of our webmasters and members. The policy below
demonstrates the great care we take in securing the information
provided to us by our Webmasters and Subscriber Members.
Data
Collection Explained:
We collect IP addresses for a number of
purposes, including as a form of verification on double opt-in
email lists that customers sign up for, fraud prevention, and to
help identify users and gather general, non-specific demographic
data.
When you sign up for an FEI account, we require
only the minimal personal information and data necessary to
contact webmasters, and to issue payments. This information is
not shared with any third parties, except in the event of a
dispute between a webmaster and a third party; FEI may provide
webmaster contact information only to a third party in order to
promote mediation and resolution of such a dispute without the
involvement of FEI. FEI further maintains and reserves the right
to share data with law enforcement agencies, either when
subpoenaed, or voluntarily at the sole discretion of FEI. We do
not sell or share email addresses, contact information or any
other webmaster data with any other companies at all. On
occasion, FEI may promote third party services or products to our
webmasters via email, but such mailings are conducted by FEI, and
the data is never made available to these third parties.
FEI
is not responsible for the privacy policies and practices of
other sites/entities linked to from FEI websites. Any
transactions or correspondence that takes place between users and
the third parties linked to from our sites are solely the
responsibility and domain of the user and said third party, and
are not the responsibility of FEI.
Should
you decide to close your account, simply email us and our support
staff will deactivate your account on your behalf. Any remaining
revenues accrued on the account shall be released at that time.
To
remove yourself from the FEI webmaster mailing list, please send
us an email to support@feiholdings.com and put the phrase
"REMOVE" in the header. To cancel a membership; please
click on our support page.
Non-Commercial
Use by Members/Viewers:
FEI Holdings websites are for the
personal use of individual members and viewers only and may not
be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become
members of any Naked Rhino websites and should not use Naked
Rhino websites for any purpose. Illegal and/or unauthorized uses
of the site, including unauthorized framing of or linking to the
site or the sending of unsolicited bulk commercial e-mail will be
investigated and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive
redress.
Proprietary
Rights of Content on FEI Holdings websites:
FEI Holdings owns
and/or has a license and retains other proprietary
rights on all software, hardware and databases used to operate
its web properties. This Site contains copyrighted material,
trademarks, and other proprietary information of FEI and its
licensors. Except for that information that is in the public
domain or for which you have been given written permission, you
may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information. Any acts of
infringement or violations will be prosecuted.
Copyright
Policy/DMCA Notice:
The operators of this Website have
invested enormous amounts of time, effort and money into creating
and maintaining its extensive library of copyright-protected
material including but not limited to the images, video, layout,
appearance and theme of this Website. Additionally, the operators
of this Website have secured U.S. Copyright protection for its
materials. Section 106 of Title 17 of the United States Code,
entitled the Copyright Act, grants the copyright owner exclusive
rights to its copyrighted works. It is illegal to copy or
reproduce any content without prior written consent from FEI
Holdings, LLC and/or Falcon Enterprises, Inc. respectively. Any
acts of infringement will be prosecuted.
For
more information about this Websites copyrighted material, please
contact:
Robert S. Apgood
CarpeLaw PLLC
2400 NW 80th
Street #130
Seattle, WA 98117
Or contact the United States
Copyright Office.
User
Managed Chat Boards: You may not post, distribute, or reproduce
in any way any copyrighted material, trademarks, or other
proprietary information without obtaining the prior written
consent of the owner of such proprietary rights or otherwise have
a valid basis under the law, including "fair use".
Without limiting the foregoing, if you believe that your work has
been copied and posted on the FEI Holdings service in a way
that constitutes copyright infringement, please provide our
Copyright Agent with the following information consistent with
the Digital Millennium Copyright Act (DMCA): 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 our site including the URLs of web pages and/or hyperlinks;
your address, telephone number, and email address; a written
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. FEI Holdings Copyright Agent for Notice of
claims of copyright infringement can be reached as follows:
FEI
DMCA Agent
Robert S. Apgood
CarpeLaw PLLC
2400 NW 80th
Street #130
Seattle, WA 98117
It
is the intention of FEI to fully comply with the DMCA, including
the Notice and "take down" provisions and to benefit
from the safe harbors immunizing it from liability to the fullest
extent provided by law, and to the extent the Notice and "take
down" requirements above deviate from the requirements under
the DMCA then the Notice requirements as provided by the DMCA
shall control and are herein incorporated by reference.
7.
Member Disputes:
FEI does not control the information
provided by other users that are made available through our
system. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common
sense, and safety when using our site. You are solely responsible
for your interactions with other FEI members. Because it is not
involved in member interactions, in the event that you have a
dispute with one or more members or those who have posted,
viewed, or used information on a FEI site, you release FEI,
including its officers, directors, agents, subsidiaries and
employees, from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code § 1542,
which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."
FEI reserves the right, but has no obligation, to monitor
disputes between you and other members.
8.
Privacy:
Use of the FEI site and/or its service is governed
by this Privacy Policy which may change from time to time.
9.
Disclaimers:
FEI, including its shareholders, officers,
directors, agents employees, subsidiaries and affiliated company,
is not responsible for any incorrect or inaccurate Content posted
on the site or in connection with the FEI service, whether caused
by users, members or by any of the equipment or programming
associated with or utilized in the service, nor for the conduct
of any user and/or member of the FEI service whether online or
offline. FEI assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, user and/or member
communications. FEI is not responsible for any problems or
technical malfunction of any telephone network or lines, computer
on-line-systems, servers or providers, computer equipment,
software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any website
or combination thereof, including injury or damage to users
and/or members or to any other person's computer related to or
resulting from participating or downloading materials in
connection with the FEI site and/or in connection with the FEI
service. Under no circumstances will FEI be responsible for any
loss or damage resulting from anyone's use of the site or the
service and/or any Content posted on the FEI site or transmitted
to FEI members. The Site and the service are provided "AS-IS"
and FEI expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. FEI cannot guarantee and
does not promise any specific results from use of the site and/or
the FEI service.
10.
Limitation on Liability:
Except in jurisdictions where such
provisions are restricted (and in that event liability is
disclaimed to the fullest extent permitted by law), in no event
will FEI be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the
site or FEI service, even if FEI has been advised of the
possibility of such damages. You further agree to hold FEI
harmless for claims arising from the use of FEI. Notwithstanding
anything to the contrary contained herein, FEI's liability to you
for any cause whatsoever, and regardless of the form of the
action, will at all times be limited to the amount paid, if any,
by you to FEI for the service during the term of membership.
11.
U.S. Export Controls:
Software from this site is further
subject to United States export controls. No software from this
site may be downloaded or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or
using the Software and site contents, you represent and warrant
that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
12.
Arbitration of Disputes:
Any and all disputes arising out of
these Terms of Use and/or your relationship with FEI shall be
submitted to the binding arbitration according to the rules of
the American Arbitration Association. The parties to the
arbitration shall evenly divide any and all costs of the
arbitration. Neither party shall be entitled to attorney fees.
The arbitration shall take place exclusively in Las Vegas, Nevada
and shall be governed by Nevada law without regard to its
conflict of law provisions.
13.
Indemnity:
You agree to defend and indemnify and hold FEI
harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or
arising out of your use of the service in violation of this
Agreement and/or arising from a breach of these Terms of Use
and/or any breach of your representations and warranties set
forth above.
14.
Notices/Other:
Except as explicitly stated otherwise, any
notices shall be given by postal mail to:
Webmaster
- FEI
Robert S. Apgood
CarpeLaw PLLC
2400 NW 80th Street
#130
Seattle, WA 98117
or
to the email address you provide to FEI during the registration
process. Notice shall be deemed given 24 hours after email is
sent, unless the sending party is notified that the email address
is invalid. Alternatively, FEI may give you notice by certified
mail, postage prepaid and return receipt requested, to the
address provided to FEI during the registration process. In such
case, notice shall be given 3 days after the date of mailing. You
agree that this Agreement and all incorporated Agreements may be
automatically assigned by FEI in our sole discretion, to a third
party. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such
section. FEI's failure to act with respect to a breach by you or
others does not waive its right to act with respect to subsequent
or similar breaches. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full
force and effect.
FEI
values your participation and patronage. If you have any
questions regarding this privacy policy, feel free contact us at
support@feiholdings.com
(Revised May 31, 2007)
FEI
Corporate
Counsel
Robert S. Apgood
CarpeLaw PLLC
2400 NW 80th
Street #130
Seattle, WA 98117
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