By using, visiting or accessing the www.Fortune Softtech.com Website (collectively the “Website”), you agree to both these Terms and Conditions (“Terms of Use”) and the Terms and Conditions of the Fortune Softtech Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, you are not authorized to access or use the Fortune Softtech Website. These Terms of Use apply to all users of the www.Fortune Softtech.com Website, including, without limitation, users who are contributors of video content, photographic content, any written information, and other materials or services on the Website.

The Website is wholly owned by Fortune Softtech (the “Company”), a company with its office located in Hyderabad, India.

Website Access

The Company hereby grants you permission to use the Website in accordance with these Terms of Use, provided that:

1. Your use of the Website is solely for your individual use
2. You will not copy or distribute any part of the Website in any medium or manner inconsistent with these Terms of Use without Company’s prior written consent
3. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
4. You will otherwise comply with these Terms of Use.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including but not limited to, account names, from the Website.

You agree not to interrupt the functioning of the Fortune Softtech website, introduce any malicious code or content onto the website, or aid anyone in misusing or attempting to misuse Fortune Softtech website in any way.

Mobile Services

The Fortune Softtech Website can be accessed through mobile services. Do not use such services in a way that distracts or prevents you from obeying traffic or safety laws. Fortune Softtech will not be responsible for any damages arising from unlawful use of Fortune Softtech website.

Intellectual Property Rights

The content on the Fortune Softtech Website, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without owner’s prior written consent and/or payment of the applicable license fee to the owners. The Company reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Fortune Softtech Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Fortune Softtech Website or the Content therein.

The Fortune Softtech Website may permit the submission of videos, photographs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. The Company may also establish categories for User Submissions based on intended use, such as Private where User Submissions are not shared, Invited where there is an invitation to view and/or share and Public. You understand that whether or not such User Submissions are published and regardless of category, the Company does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that the Company may place advertising on the Website in conjunction with User Submissions.

You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:

1. 1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
   2. You have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Company for public use, you hereby grant the Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Fortune Softtech Website and the Company’s business, including without limitation for promotion and redistribution of part or all of the Fortune Softtech Website (and derivative works thereof) in any media formats and through any media channels. You further grant the Company the non-exclusive, irrevocable and unconditional right to describe, relate, publish or exploit or both the User Submissions in any manner, whether in whole or in part, in any other media, print or electronic, and in related products and services in connection with any exploitation thereof, including but not limited to clothing, bumper stickers, mugs, toys, posters, books and other printed material and any related promotion and advertising of such items from time to time.

You also hereby grant each user of the Fortune Softtech Website a non-exclusive license to access your User Submissions, if submitted for public use, through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

For User Submissions you submit, you further agree that you will not:

1. Submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein;
2. Publish falsehoods or misrepresentations that could damage the Company or any third party;
3. Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. Submit material that includes images of minors unless you are the mother, father, or duly appointed guardian of such minors or have permission from the minor’s lawful parents or guardians to post images of the minors;
5. Post advertisements or solicitations of business; and
6. Impersonate another person.

The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions. The Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes the Copyright Act, or another’s intellectual property rights.

The Company also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms of Use as concerns, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company reserves the right to remove Content and User Submissions without prior notice and to terminate a User’s access to the Website, if such User is in violation of these Terms of Use. The Company reserves the right to discontinue any aspect of the Fortune Softtech Website at any time.

You hereby grant the Company the power to send cease-and-desist letters to infringing parties, in connection with any unauthorized use of your User Submissions. Because you retain all of your ownership rights in your User Submissions, the Company shall cease acting against any persons to whom you may grant an explicit permission or license to use your User Submissions upon You notifying the Company of such permission or license. You shall be entitled to 0% (Zero Percent) of the funds that the Company may receive from such infringing third parties for unauthorized use of your User Submissions less the costs that the Company will have incurred in connection with collecting such funds and transferring them to You, provided that You have provided the Company with sufficient personal information for the Company to transfer such funds to You. This power shall continue to be effective for as long as the Company is using any of your User Submissions pursuant to these Terms of Use.

You understand that when using the Fortune Softtech Website, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against the Company with respect thereto.

To the extent permissible under applicable law, you hereby waive any and all moral rights that you may have in connection with your User Submissions, in Canada and elsewhere. You hereby authorize the Company to determine at the Company’s sole discretion whether or not to use your name in association with the use of your User Submissions. You hereby represent that you would not object to anonymous use of your User Submissions or to an indication of your name or pseudonym in connection therewith. You hereby represent and warrant that you shall not consider any modification or other use of your User Submissions pursuant to these Terms of Use to be causing damage to your dignity or reputation.

Third Party Websites

The Fortune Softtech Website may contain links to third party websites that are not owned or controlled by the Company and the Company assumes no responsibility for these third party websites. By using the Website, you expressly discharge the Company from any and all liability arising from your use of any third-party website.

Content Templates

The Fortune Softtech Website may contain content templates that are provided by the Company for illustrative example purposes only. The Company assumes no responsibility for use of these templates as legally binding documents if you so choose. By using the Website, you expressly discharge the Company from any and all liability arising from your use of the content templates in any way other than an illustrative example that is not intended for legal purposes.

Warranty and Indemnity

You agree that your use of the Fortune Softtech Website is at your sole risk. The Company makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website by any third party, or concerning damage of any kind incurred resulting from use of the Website. The Company does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website or any hyper-linked website.

Information and actions taken by You remain your sole responsibility. In no event shall the Company, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website, or Content.

You agree to defend, indemnify and hold harmless the Company its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

1. 1. Your use of and access to the Fortune Softtech Website;
   2. Your violation of any aspect of these Terms of Use;
   3. Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

This defense and indemnification obligation will survive these Terms of Use and your use of the Fortune Softtech Website.

Limitation of Liability

In no event whatsoever will the Company be liable for any special, punitive, indirect, incidental or consequential damages, arising out of this Agreement or in connection with the use or Content of the Fortune Softtech Website, whether based on breach of contract, tort, negligence, product liability, Copyright infringement or otherwise, and whether or not the Company has been advised of the possibility of such damages. You agree that these limitations are reasonable in scope and reasonably necessary in order for the Company to protect its considerable investment. In no event whatsoever shall the Company be liable, under any circumstances, regardless of the type or cause of action, for (a) any lost profits, lost revenue, lost business, or any other lost opportunities, (b) any loss or damage to software or data, (c) any incidental, indirect, consequential or special damages; even if the Company has been advised of the possibility of such liability or damages.

General

You confirm that you are of the age of majority in your state of residence, or possess legal parental or guardian consent, and are fully competent to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them. By accessing the Fortune Softtech Website, you are deemed to have agreed to all the terms of this Agreement and shall have the same effect as if you had signed this Agreement in writing.

You agree that the Fortune Softtech Website and these Terms of Use shall be governed by the laws of the Province of Ontario, Canada whose courts shall have exclusive jurisdiction.

You further agree to furnish, make, execute and deliver all such further information, assurances and other documents and instruments and do or perform all such further and other acts and things as may be reasonably necessary or requisite to implement and to carry out the provisions of this Agreement in accordance with its full intent and meaning.

The Company specifically reserves the right to modify this Agreement at any time without your consent. It is your sole responsibility to be aware of the Terms Of Use and modifications that are made to them.

Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision of this Agreement.

This Agreement shall endure to the benefit of and be binding upon the parties, their respective heirs, executors, administrators, successors and assigns.

Contacting us

If you have any questions about this Terms of Use, the practices of this site, or your dealings with this site, please contact us at: info@fortunesofttech.com

Fortune Softtech
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