Valor Vault/Memorials of Valor Terms and
Conditions of Use
Introduction
and Purpose of this Site
Thank you for
visiting the Valor Vault and/or Memorials of Valor, a platform owned by
Fjor Films and operated by the WorldVoice Project. Please read these
Terms and Conditions carefully because they govern your use of and access to
this site.
The purpose of this platform is to give
veterans, families and cultures the ability to capture unlimited stories and
histories while allowing collaboration with those they choose. WorldVoice uses
a specialized and secure proprietary technology that captures, preserves, and
shares stories, languages and cultures with the world. Our mission is to connect, heal,
elevate, and inspire the
world through the collection and preservation
of true histories. Our vision is to give
the world a voice; to enable individuals, families,
and cultures to connect, collaborate, elevate,
and inspire through the creation and sharing
of personal visual histories for the future
generations of the world.
By using or
accessing this site, you accept and agree to abide by all of these Terms and Conditions
as well as FJOR Films’ and WorldVoice Projects Privacy Policy, which is
incorporated by reference herein. These Terms and Conditions apply
to all use of and access to any text, graphics, information, documents, web
pages, software, code, metadata, and other content that make up this website
("Content"), including all Content authored by FJOR Films (“FJOR
Films Content”) and all Content submitted, posted, or displayed by you or other
users (“User Content”). If you do not agree to all of these Terms and
Conditions or WorldVoice Project’s Privacy Policy, then you may not use or
access this site.
Proper
Use of this Site
In accessing and
using with this site, you are required to take steps to ensure that User
Content submitted by you, your activities on this site, and your interactions
with other users are proper and authorized. Any use of this site for
any purpose not expressly authorized by WorldVoice Project is strictly
prohibited. WorldVoice Project, in its sole discretion, may determine which
uses of this site constitute Unauthorized Uses. We may take any appropriate
action in response to Unauthorized Uses of this site, including but not limited
to removing, suspending, or blocking access to anyone who uses, accesses, or
registers with this site. “Unauthorized Uses” of this site include, but are not
limited to, the following:
Registration
as a Valor Vault or Memorials of Valor Member
To
access or use the services provided by us through this site, you must register
as a Valor Vault or Memorials of Valor Member. If you are under the
age of 13, you must not register with or use this site.
Each
Member’s access to the content on this site is controlled by the Member’s email
address (or username) and password. You agree not to share your password with
anyone. You must use a password that is memorable and secure. If you know or
have reason to believe that a third party knows your password, you must change
your password in your account settings. You are solely responsible for all
activities that occur under your account and password, including any
unauthorized use thereof.
At
all times, you must maintain accurate and up-to-date information in your Member
profile, including, at a minimum, your name, physical address, and a valid
email address. FJOR Films’ and WorldVoice Project’s collection and use of this
information is governed by FJOR Films’ and WorldVoice Project’s Privacy Policy.
By registering as a
Member, you expressly represent and agree that you will not use your membership
for any of the Unauthorized Uses listed above. You also acknowledge
and agree that FJOR Films and WorldVoice Project (a) assumes no responsibility
and shall not be liable for Members’ statements and conduct with respect to
each other, this site, and otherwise; (b) has no control over Members’ conduct
or Members’ relationships, agreements, conduct, or contact with each other or
any third party; and (c) has no obligation to conduct its own independent
investigation or inquiry regarding Members or their activities.
Membership
Billing
Certain
memberships require payment of monthly membership fees, which are processed via
credit card. Our membership rates are set forth on our site, and are
payable on a monthly basis prior to using or accessing the site for a given
month. You agree to pay all applicable fees for your membership and use of this
site, plus any applicable taxes or charges as may be required, when they become
due and payable. All fees and charges are payable in advance and are
non-refundable, even after cancellation.
To sign up for a subscription requiring a monthly membership fee,
you must provide us with valid credit card and payment information, including
(i) the credit card type, (ii) your name as it appears on the card, (iii) your
credit card number and security code, and (iv) the date of expiration. By
submitting that information to us, you hereby agree that you authorize us to
charge your card at our convenience, but within thirty (30) days of credit card
authorization.
YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION YOU
SUPPLY TO US IS ACCURATE AND COMPLETE; (II) PAYMENTS MADE YOU BY WILL BE
HONORED BY YOUR CREDIT CARD COMPANY; AND (III) YOU WILL PAY ALL CHARGES
INCURRED BY YOU.
You hereby represent, warrant that you have not used and will not
use any credit card or other form of payment for a transaction on this site
unless you have all necessary and legally required authorization to do so. We
shall not be liable in the event your children or others acting with or without
your permission use your credit card to make purchases on the site; however you
may report any unauthorized payments to us, and we will undertake reasonable
measures within our control to help prevent future unauthorized use of your
card.
Cancellation
and Suspension of Membership
You
may choose to cancel your membership at any time by logging into your account
and choosing the option to cancel your membership and/or subscription. Also,
failure to pay any required monthly fees or other charges, or failure to abide
by these Terms and Conditions or our Privacy Policy also may result in
cancellation or suspension of your membership, in FJOR Films’s
sole discretion. In the event of any cancellation or suspension,
there will be no refunds of monthly fees already paid.
Copyrights
and Trademarks and other Intellectual Property
© 2016FJOR Films. By
accessing, viewing, or using this website, you agree to abide by U.S. and
international copyright law and all other applicable laws. FJOR Films owns the
copyright in all FJOR Films Content, unless otherwise indicated. You may not
copy, reproduce, alter, modify, or create derivative works of any FJOR Films Content
in any format or media, without FJOR Films express prior written permission
from FJOR Films. You may not copy, reproduce, alter, modify, or
create derivative works of any third-party User Content in any format or media,
without express prior written permission from the owner of such User Content.
FJOR Films claims no
ownership or control over any User Content submitted, posted, or displayed by
you or a third party on or through this website. By submitting,
posting, or displaying User Content, you represent and warrant that you have
the appropriate copyright and other intellectual property rights necessary to
do so, either directly or through a proper license from the relevant
third-party. You (or a third-party, as applicable) retain all
copyright and other intellectual property rights to any User Content that you
submit, post, or display on or through this website, and you are solely
responsible for protecting and enforcing those rights.
By submitting, posting, or
displaying User Content on or through this site, you grant FJOR Films and
WorldVoice Project a perpetual, worldwide, non-exclusive, royalty-free license
to reproduce, publish, transmit, display, and distribute such User Content on
this site for the purposes for which you submitted it. FJOR Films
and WorldVoice Project reserves the right to refuse to accept, reject, post,
display, maintain, store, or transmit any User Content in FJOR Films’ sole
discretion.
FJOR
Films™, the FJOR Films Logo, and our other logos and marks appearing on this
site are trademarks or registered trademarks of FJOR Films. All other marks
belong to their respective owners. Nothing contained herein shall be construed
as granting any license or other right to use or exploit any patent, copyright,
trademark, or other intellectual property right of FJOR Films, or any third
party. FJOR Films will take all necessary steps to enforce its intellectual
property rights to the fullest extent of the law.
Digital
Millennium Copyright Act Policy
FJOR Films and WorldVoice
Project follows the requirements of the Digital Millennium Copyright Act
(“DMCA”) in responding to proper claims that Content available on this web site
infringes a valid copyright. FJOR Films and WorldVoice Project reserves the
right to respond to a notice of claimed infringement (“NOCI”) only if it
complies with the DMCA and other applicable laws. A valid NOCI must be in
writing, must be sent to the address listed below under “Contact Information,”
and must contain the following:
1. Your name and contact
information (preferably an email address);
2. A sufficient description of
the copyrighted work that allegedly has been infringed;
3. A thorough description of
the Content you claim is infringing such copyrighted work, including the URL of
the web page containing the allegedly infringing Content or how it was accessed
or viewed;
4. Information sufficient to
identify and notify the person who posted, submitted, or displayed the
allegedly infringing content (preferably an email address), if possible;
5. The following statement: “I
have a good faith belief that use of the copyrighted materials described above
as allegedly infringing is not authorized by the copyright owner, its agent, or
the law.”;
6. The following statement: “I
swear, under penalty of perjury, that the information in the notification is
accurate and that I am the copyright owner or am authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed."; and
7. Your signature.
Upon receipt of a proper
NOCI, FJOR Films and WorldVoice Project will act expeditiously to remove or
disable the allegedly infringing content. Within its sole discretion, FJOR
Films and WorldVoice Project may terminate or block any Members or other users
allegedly infringing the copyright rights of any third party. If FJOR Films and
WorldVoice Project removes or disables access to Content, or terminates or
blocks a Member or other user, in response to a NOCI, FJOR Films and WorldVoice
Project will take reasonable steps to contact the person who posted, submitted,
or displayed such content to allow such person an opportunity to respond by
submitting a counter notification, pursuant to sections 512(g)(2) and (3) of
the DMCA. When we receive a counter notification, within our sole discretion,
we may reinstate or unblock the Content or user in question. In appropriate
circumstances, FJOR Films and WorldVoice Project will terminate repeat
infringers.
Good
Samaritan Third-Party Content Policy
FJOR
Films’ and WorldVoice
Project’s policy is not to allow any
Improper Content, as defined above, including, for example, Content that we
deem to be defamatory or that infringes or misappropriates intellectual
property rights or violates federal, state, or local law. Nonetheless,
FJOR Films and WorldVoice Project reserves
all rights afforded to it under Section 230 of the Communications Decency Act
and other applicable laws. In appropriate circumstances, FJOR Films
and WorldVoice Project may terminate
the Membership of and/or access to this site by any repeat violators of this
policy. If you believe that someone has posted Content that violates
your rights (other than cases of copyright infringement, addressed above), you
may send a written complaint to the address listed below under “Contact
Information.” Your complaint must contain the following information:
1. Your name and contact
information (preferably an email address);
2. The nature of the right
violated (including the registration numbers of any registered trademarks or
patents allegedly infringed);
3. A thorough description of
the Content you claim is in violation of your rights, including the URL of the
web page containing the Content or how it was accessed or viewed;
4. All facts which lead you to
believe that your rights have been infringed or violated;
5. Any grounds to believe that
the person who posted the allegedly offending Content was not authorized to do
so or had no valid defense (including the defense of fair use); and
6. If known, the identity and
contact information (preferably an email address) of the person or persons who
posted the infringing Content.
FJOR
Films and WorldVoice Project has the right but not the obligation, contractual
or otherwise, to investigate any such complaint received and to undertake, or
to refrain from undertaking, any particular course of conduct as a result of
such complaint. By submitting such complaint to FJOR Films and/or WorldVoice Project, you agree that any representation therein is
made under penalty of perjury; you agree to indemnify and to hold FJOR Films
and WorldVoice Project harmless for
any claims, damages, or other losses incurred as a result of your complaint;
and you waive any and all claims or remedies which you might otherwise be able
to assert against FJOR Films and WorldVoice Project under any theory of law, including without
limitation intellectual property laws, which arise out of or relate in any way
to any Content, or FJOR Films’ and WorldVoice Project response or failure to
respond to your complaint.
Unsolicited
Idea Submission Policy
FJOR
Films and WorldVoice
Project does not accept any unsolicited
ideas, suggestions, or other materials regarding any new or improved products,
services, technologies, processes, marketing, business plans, any names or
marks, or other proprietary issues related to our business (“Unsolicited
Ideas”). To avoid any misunderstanding that any FJOR Films or WorldVoice
Project product, service, or other work
created by FJOR Films may be the same as or similar to Unsolicited Ideas
submitted to FJOR Films or WorldVoice Project, you agree not to submit any Unsolicited Ideas to FJOR Films or WorldVoice
Project or any of its employees or agents
either through this website or otherwise.
If,
despite our policy, you do submit Unsolicited Ideas to FJOR Films or WorldVoice Project, then regardless of the content of such
submissions, and notwithstanding any rights that you may have or may claim in
such Unsolicited Ideas, you agree that (1) FJOR Films shall automatically and
exclusively own all rights in and to such submissions; (2) FJOR Films may copy,
distribute, and otherwise use such submissions for any purpose and in any way;
(3) FJOR Films has no obligation to review or consider such submissions; (4)
FJOR Films has no obligation to keep any submissions confidential; and (5) you
are not entitled to any royalty or other compensation from FJOR Films or
WorldVoice Project for such submissions.
Independent of this
Unsolicited Ideas Submission Policy, FJOR Films and WorldVoice Project does
welcome your feedback regarding this website or the services that we
provide. We encourage you to send us comments through the contact
information below.
Notices
You agree that we may send you
notices—including legal notices, notices regarding these Terms and Conditions
or our Privacy Policy, and other notices—to the current email address listed in
your Member Profile. You also agree that our sending of such a notice
constitutes constructive notice to you of the information contained therein
and satisfies any legal requirement that such communications be in
writing, regardless of whether you do not receive such notice based on any
condition not caused by FJOR Films or WorldVoice Project or its agents,
including without limitation your providing an incorrect email address.
Accuracy
of Website
FJOR
Films and WorldVoice Project makes no representation or guarantee and assumes
no legal liability or responsibility for the currency, accuracy, quality, or
completeness of the Content or any information contains on this
site. Reasonable efforts are taken to ensure the accuracy and
integrity of all information provided on this site; however FJOR Films and/or
WorldVoice Project is not responsible for broken links, out-of-date
information, or other errors. By using this website, you assume the risk
that the Content on this website may be inaccurate, incomplete, not up-to-date,
or otherwise not meet your needs or requirements. All
Content and information on this website are subject to change without notice.
Disclaimer
of Warranty
THE CONTENT IS PROVIDED "AS IS" WITH NO
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR ACCESS TO AND USE OF
THIS SITE AND ANY CONTENT OR INFORMATION FOUND HEREIN ARE ENTIRELY AT YOUR OWN
RISK. FJOR FILMS AND WORLDVOICE PROJECT SPECIFICALLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR
A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT, WITH RESPECT TO
SUCH INFORMATION AND CONTENT.
Release
and Waiver of Liability
YOU AGREE THAT IN NO EVENT WILL FJOR Films OR WORLDVOICE PROJECT BE LIABLE, AND
YOU HEREBY RELEASE FJOR Films AND/OR WORLDVOICE PROJECT FROM ANY LIABILITY, FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND ANY OTHER KIND
OF DAMAGES SUSTAINED AS A RESULT OF YOUR USE, INTENDED USE, FORWARDING, OR
COPYING OF THIS WEBSITE OR THE CONTENT, EVEN IF FJOR Films AND/OR WORLDVOICE
PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
YOU
AGREE TO INDEMNIFY AND HOLD HARMLESS FJOR FILMS AND/OR WORLDVOICE PROJECT FROM
AND AGAINST ANY LIABILITY, DAMAGES, LOSSES, AND COSTS OF ANY KIND, (INCLUDING
WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) RELATED TO THIRD-PARTY CLAIMS,
CHARGES, COMPLAINTS, OR INVESTIGATIONS, CAUSED BY YOUR FAILURE TO COMPLY WITH
THESE TERMS AND CONDITIONS OR ANY OTHER ACTIVITY IN WHICH YOU ENGAGE THROUGH
THIS WEBSITE OR ANY EMAIL OR OTHER ONLINE COMMUNICATION OR SERVICE PROVIDED
BY FJOR FILMS.
Links
to Third-Party Websites
Certain links on this
website may lead to resources or content located on servers that are not
maintained by FJOR Films or WorldVoice Project or under its control. FJOR Films
and/or WorldVoice Project makes no claim, warranty, or representation
regarding, and is not responsible for, the quality, content, nature,
accessibility, or reliability of any such linked third-party website and the
information, products, and services found on such third-party website or any
link contained on such site.
No
Endorsement
The inclusion on this
website of any link to another website, or any reference to any third-party
product or service by trade name, trademark, manufacturer, or otherwise, is
provided only as a convenience and the inclusion of any link or reference does
not constitute or imply an endorsement, approval, affiliation, sponsorship, or
recommendation by FJOR Films or WorldVoice Project.
Children
This
website is intended for general audiences and is not geared toward
children. Children under the age of 13 are not permitted to submit
any Content or other information through this website. For more
information about protection of children’s privacy online, please review our
Privacy Policy.
No
Offer and No Solicitation; Forward-Looking Statements
The
FJOR Films and/or WorldVoice
Project Content and other information
provided on this website is not intended to and does not constitute an offer of
or solicitation for the purchase or disposal of, trading, or transaction in any
securities. Investors must not rely on any information contained herein for
investment decisions.
This website may contain
certain “forward-looking” statements. Forward-looking statements, by their very
nature, include risks and uncertainties that could cause actual results to be
materially different from those anticipated in or implied by forward-looking
statements. Forward looking statements may be subject to a variety of
significant uncertainties, including business, economic, and financial factors,
and therefore actual results may differ significantly from such statements.
Applicable
Laws and Jurisdiction
This platform (excluding
linked sites) is controlled by FJOR Films within the State of Nevada, United
States of America. It can be accessed throughout the United States, as well as
from other countries around the world. As each of these places has laws that
may differ from those of the United States and Utah, you and FJOR Films agree
that the statutes and laws of the State of Nevada will apply to all matters
relating to the use of this website, without regard to its conflicts of laws
principles. You also agree that any actions arising out of your use
or access to this website shall only be brought in the state or federal courts
located in the State of Nevada, and you hereby waive any objection to the
jurisdiction of or venue in such courts.
FJOR Films and/or
WorldVoice Project makes no representation that
materials on the platform are appropriate or available for use in other
locations. Those who choose to access this site from other locations do so at
their own risk and are responsible for compliance with applicable local laws.
Void
Where Prohibited
Although
this website and its Content may be accessible worldwide, not all services
provided through this website may necessarily be available to or usable by all
persons or in all geographic locations or jurisdictions. FJOR Films and/or
WorldVoice Project reserves the right to limit the offering of its services and
the accessibility of this website in any location or jurisdiction, or to any
particular person, if lawful and necessary. Any offer for any service available
through this website is void where prohibited by law.
Miscellaneous
Terms
These Terms and Conditions
represent the entire understanding and agreement between you and FJOR Films
and/or WorldVoice Project with respect to your access to and use of this
website. If any portion of these Terms and Conditions is deemed
enforceable, void, or otherwise unlawful, then that portion shall be severed
and will not affect the validity and enforceability of the remaining Terms and
Conditions. No waiver of or delay in enforcing any provision or of
any breach of these Terms and Conditions shall constitute a waiver of any other
provision or any other breach.
Changes
to Terms and Conditions
FJOR Films and thereby
WorldVoice Project reserves the right to change these Terms and Conditions at
any time. You should visit the Terms and Conditions page from time to time to
review the then-current Terms and Conditions that are binding on you. Certain
Terms and Conditions may be superseded by expressly designated legal notices or
terms located on particular web pages visited by you or in correspondence sent
to you.
Contact
Information
You may send any questions
or concerns regarding these Terms and Conditions, or any comments or other
inquiries regarding this website, to the following:
Attn: Website
Inquiry
FJOR Films
Email: info@fjorfilms.com
Effective
Date
The effective date of these Terms and
Conditions is January 1, 2019.