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Terms of Service Important Disclaimers and Legal Information GENERAL INFORMATION These Terms of Service constitute the entire agreement between you and Friends of Vincent Irizarry (hereinafter FOVI) and govern your use of the membership services provided, superceding any prior agreements. Membership and/or use and viewing of FOVI’s website constitutes agreement with all stated terms and conditions, as well as the FOVI Guidelines sent to you in your membership welcome packet. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and FOVI shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and FOVI agree to submit to the personal and exclusive jurisdiction of the courts located within Illinois. The failure of FOVI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. GENERAL DISCLAIMER FOVI does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website from the Yahoo servers, the Delphi servers, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with Yahoo, Delphi, or their advertisers. You hereby acknowledge that any reliance upon any services, materials, or products shall be at your sole risk. INDEMNITY You agree to indemnify and hold FOVI, its affiliates, officers, agents, other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, or transmit through e-mail, the Yahoo servers, the Delphi Forum message board(s), your violation of the Yahoo Terms of Service, the Delphi Terms of Service, or your violation of any rights of another. LINKS FOVI or other third parties may provide links to other World Wide Web sites or resources. Because FOVI has no control over such sites and resources, you acknowledge and agree that FOVI 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 FOVI 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. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Yahoo servers or the Delphi Forum servers, 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. You agree that FOVI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Yahoo or Delphi servers. FOVI’S PROPRIETARY RIGHTS You acknowledge and agree that any service and any necessary software used in connection with either the Yahoo or the Delphi servers 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 information presented to you through the service or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FOVI, Yahoo, Delphi, or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content appearing on the servers or related software, in whole or in part. You agree to not (and to not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in any content, copyrighted images, or third-party software present on FOVI’s website or related servers. You agree not to access the official FOVI website, the FOVIPals Yahoo Group Service, or the FOVI Delphi Forum by any means other than through the interface that is provided by FOVI, Yahoo, or Delphi for use in accessing such services. TERMINATION OF ACCOUNT Through your membership with FOVI, you agree that FOVI, in its sole discretion, may terminate your membership (any part thereof) account with FOVI membership, FOVIPals Yahoo Group Service, and/or the FOVI Delphi Forum, and remove and discard any posted content from said service(s), for any reason, including, without limitation, if FOVI believes that you have violated or acted inconsistently with the letter or spirit of the FOVI Terms of Service. FOVI may also in its sole discretion, and at any time, discontinue membership and services, or any part thereof, with or without notice. You agree that any termination of your access to FOVI membership or usage of Yahoo Groups Service and/or Delphi Forums under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that FOVI, Yahoo, and/or Delphi may immediately deactivate or delete your membership and account and all related information and files in your account and/or bar any further access to such files. Further, you agree that FOVI shall not be liable to you or any third-party for any termination of your access to said accounts or services. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOVI 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 FOVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE YAHOO OR DELPHI FORUM SERVERS; (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 YAHOO’S SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO FOVI’S SERVICES. EXCLUSIONS AND LIMITATIONS 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 OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU. NOTICES Notices to you may be made via either e-mail or regular mail. FOVI may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on FOVI’s official website. TRADEMARK INFORMATION All related trademark images of "All My Children" and "ABC Studios" are the express intellectual property of the American Broadcast Company, and may not be used without their express, written permission and consent. Geocities trademarks and Yahoo service marks, and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. (the "Yahoo Marks"). Without Yahoo's prior permission, you agree not to display or use in any manner, the Yahoo Marks. COPYRIGHT INFORMATION FOVI respects the intellectual property of others, and we ask our users to do the same. All images, pictures, and website content displayed on FOVI’s official website (http://www.vincent-irizarry.com) is the express property of FOVI. Use of any and all content found on said website, including, but not limited to images, graphics, pictures, videos, and slideshows may not be used elsewhere, for personal or commercial use, without the express, written consent of FOVI’s official webmistress. To contact her, please click here. For any questions regarding our terms of service, please email Rachel Anderson at: FOVILegal@yahoo.com
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