Farewellday

Terms & Conditions

Farewellday Terms of Use

Introduction

These Terms of Use only apply to the entire contents of the present website under the domain: www.farewellday.com or “www.farewelldays.com”
These Terms of Use are the property of Farewellday. Consequently, and without limitation, any dissemination, exploitation, representation, reproduction or use, whether partial or total, on any medium, of these Terms of Use, other than for strictly personal purposes, requires Farewellday's prior authorization. Failure to obtain such authorization shall render the infringing party liable to criminal and civil prosecution.
Farewellday® is a friend finder site accessible to Farewellday Members via Internet, cellular phones (WAP or I-mode®) and fixed-line telephones. All features of the Farewellday services can be accessed free of charge.
We ask you to carefully read the Terms of Use below before participating with Farewellday, as a Farewellday Member, in the development of a responsible and high quality site. In becoming a Member of Farewellday, you undertake to comply with these Terms of Use. If you do not accept these Terms of Use, you should not register with Farewellday. Registration for one or more Services, as well as use of this site, implies full and complete acceptance of these Terms of Use by the Member. By checking the box containing the words "I certify that I am at least 18 years of age and that I have read the Farewellday Service Terms of Use", located at the bottom of the registration page, in order to confirm registration, the Member acknowledges that he/she is bound by all clauses of the Terms of Use.

Article 1. Definitions
The list of words below, which start with a capital letter, have been defined for the purposes of these Terms of Use as follows: :
"Farewellday" refers to the group of Services, the purpose of which is to facilitate to find school, college and batchmates, for personal, leisure and non-business purposes. Farewellday is accessible from multiple platforms (Internet, text messages, MMS, WAT, etc.), without payment.
"Service(s)" refers to the entirety of the Services accessible to Farewellday.
"Member(s)" refers to any or all valid registered users of the Farewellday Service who have or have not paid to use Farewellday.
"Terms of Use" refers to this contract.

Article 2. Access and registration for the Farewellday Services

2.1 Terms of access and registration
The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsibility of the Member, as shall the telecommunications costs incurred by its use.
To be a Farewellday Member you must be at least 18 years of age and complete all compulsory fields appearing on the registration forms.
In order to become a Farewellday Member it is necessary: to register and suscribe to Services under the Terms of Use that are listed on the Farewellday website of the country where the Member resides.
When the conditions required for registration are met, each Member will have one or more identifier(s) (usernames) and one or more password(s). These identifier(s) and password(s) are strictly private and confidential and must not be passed on or shared with any third parties.
If a Member disseminates or uses these elements in a manner deemed contrary to its original purpose, Farewellday will terminate the Member's Account.
The Member shall be solely liable for the use of this identification information by third parties or for the actions or statements made through the Member's account, whether these be fraudulent or not. The Member holds Farewellday harmless against all claims of this kind. In addition, as Farewellday does not have the obligation or the technical means to check the identity of every person registered with its Services, Farewellday is not liable in the event a Member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform Farewellday immediately.
When a Member wishes to sponsor a friend and provides Farewellday with the contact details of that friend, such Member must have obtained the prior consent of this friend for Farewellday to process his or her data that will be used solely in order to address an electronic message informing him/her of Farewellday and its Services. This message is addressed in the name and in the account of the Members having provided Farewellday with their personal data. In such a case, the Member supplies such information freely and voluntarily and under his/her sole responsibility.

Article 3. Use of Farewellday
Upon registration, the Member can take advantage of access to Services available on Farewellday.

3.1. Obligations of Farewellday
Farewellday will remotely and by electronic means supply an online friend finder Service via Internet. Farewellday's purpose is not to advise on or broker or long-term relationships. Farewellday's activity does not include organizing offline meetings, supplying access to the Internet network, or providing an electronic communication Service to the public. Consequently, Farewellday has no legal obligation to identify Members when they connect to the Farewellday Internet site or to monitor content published by Members. Because Farewellday is technically incapable of providing such Services, Farewellday does not undertake contractually to identify Members or to moderate in respect of content which they publish under their own responsibility.
Farewellday cannot be held liable for false declarations made by a Member. Therefore, it is imperative that Members take certain precautions when arranging to meet up with another Member. Farewellday assumes no responsibility for meetings between Members of Farewellday, on Farewellday or during meetings between Members and/or non-Members as a consequence of the use of the Farewellday site and Services.
In this respect, Farewellday reminds its Members that they are prohibited from using Farewellday Services to disclose information that allows them to be identified, such as last names, mailing/email addresses, or telephone numbers, to other Farewellday members.

3.2 Obligations of the Member
The provisions of this Article shall apply without prejudice to the Article "Termination".
When using the Services, the Member undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.

3.2.1. General Obligations :
The Member has the following General Obligations:
• To act fairly in respect of Farewellday and other Members.
• To respect the intellectual property rights relating to content supplied by Farewellday and by other Members.
• To understand that he/she alone defines the boundaries of his/her privacy and that it is his/her responsibility only to communicate to Farewellday and to other Members such personal information the dissemination of which he/she considers cannot cause him/her any harm.

3.2.2. Essential Obligations :
The Member has the following Essential Obligations:
• Not to use Farewellday for professional or commercial purposes (canvassing, soliciting or prostitution) or for any non-private purposes.
• Not to post, disseminate, or broadcast in any form whatsoever inaccurate or false information or content.
• Not to make comments, propagate or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, any content that is contrary to the purpose of Farewellday, current rules and laws in force or acceptable norms and standards. In particular, photographs, videos and any other information in terms of data or files supplied by a Member of Farewellday must be decent and refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsability of the Member concerned.
• Not to mention on the Farewellday website any personal information provided by a Farewellday Member (such as an email address, mailing address, telephone number, etc.) enabling a Member to contact another Member without using Farewellday.
• Not to post, disseminate, or broadcast in any form whatsoever information or content that has the effect of diminishing, disorganizing or preventing normal usage of the Services, or of interrupting and/or slowing down normal circulation of communications between Members through the Services, such information comprising, for example, software, worms, viruses, software bombs, mass mailing, etc. Farewellday reserves the right to delete messages sent in mass mailings by a Member in order to maintain the quality of use of the Services provided to its Members.
• Not to post, disseminate, or broadcast in any form whatsoever information or content that incorporates links to third-party websites that are illegal in character, contrary to what is generally acceptable and/or not in accordance with the principles of Farewellday.
• To use his/her password and/or ID only for his/her purpose of authentification for the Services. In this regard, the Member must not, without limitation, communicate, disseminate, share or make accessible, in any way, his/her passwords and/or IDs to any third party.
• To ensure that the personal data of his/her entourage is communicated legally and without risk of harm. The Member must thus obtain the prior consent of Members of said entourage to receive, on the Member's behalf, an email from Farewellday.
• To use the Services in accordance with the purpose set out in these Terms of Use.
Failure to comply with the Essential Obligations as set out above shall constitute a serious breach by the Member of his/her obligations. Without prejudice to the provisions of the Article "Termination", Farewellday shall, where the Member fails to comply with one or more of these Essential Obligations, will definitively delete the account of the Member concerned.
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Article 4. Personal privacy and protection of Member data
Farewellday upholds the strictest of standards with respect to protection of privacy and of personal information.
Some information, comments or content (photographs or video) that the Member optionally provides may possibly, under the responsibility and on the initiative of the Member concerned, reveal the ethnic origin of the Member, his/her nationality, religion and/or sexual orientation. By providing such information, all optional, the Member concerned manifests his/her intention and, consequently, expressly consents to, and takes sole responsibility for, the processing of this mentioned "sensitive" data by Farewellday, and freely takes the exclusive responsibility.
Each Member can, at the time of registration or at any time thereafter, request to receive and, subsequently, request without charge via Farewellday to cease to receive, the Farewellday newsletters sent to her/him by email or to cellular phone from Farewellday and/or its partners.

4.1. When and why do we gather information about you?
The Member is asked to supply information about himself/herself when he/she registers with the Service. Certain items of information are mandatory in order to gain access to Services.

4.2. What sort of information do we gather?
Personal information gathered by Farewellday can include your name, mailing and/or email address, fixed line and/or cellular telephone numbers, photographs, and your use of the Service.
Furthermore, certain non-personal information are also gathered, such as the version of the Member's and any other visitor's web browser (Netscape, Internet Explorer, etc.), the operating system (Windows 98, Mac Os, etc.) and the IP address of the computer from which they are visiting.
Finally, Farewellday uses cookies, designed to store information used to identify the Member while he/she is browsing on the Farewellday Internet site, in order to allow the Member to continue browsing without having to re-enter this information for each new page. The Member always has the option of preventing the use of cookies by modifying the options of his/her web browser.

4.3. Who has access to your information?
The information gathered about you when you register with Farewellday and subscribe to our Services is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration which does not comprise your personal ad and your profile will not be accessible by third parties, nor passed on, sold or exchanged, except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto.
We may send you promotional offers from some of our partners, subject to your explicit and informed consent given during registration, unless you choose not to be contacted during your registration or unless you change your mind at any moment thereafter. If you do not wish to receive any special offers from Farewellday or our partner companies, let us know when you subscribe, or alternatively at any time by going to contact us by mail.
Farewellday may occasionally share general socio-demographic information that does not include names with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you.
The information contained in your profile can be accessed on Farewellday, on the web, by email (newsletters). In addition, this information may be broadcast by Farewellday or via our partners to persons interested in Farewellday, through newsletters or third-party websites, or by all other electronic (email, text message, etc.) or audiovisual (radio, television, etc.) communication tools, or by written press (newspapers, magazines, etc.).
Consequently, the Member explicitly authorizes Farewellday to reproduce and broadcast the information contained in his/her profile (personal information, description, images, etc.) on all or part of the Farewellday Services (on the Farewellday site, on the Web, by email) and/or in a general manner, on all distribution media, in particular audiovisual communication (press, radio, analog television, digital television, cable or satellite) or electronic communication (email, Internet), throughout the entire world and for the length of time established in these Terms of Use between the Member and Farewellday. Furthermore, the Member explicitly authorizes Farewellday to transfer the benefits of the above mentioned rights to its partners and eventual successors of Farewellday.
If you no longer wish for Farewellday or its partners to reproduce or broadcast the information comprised in your profile, you can terminate your Farewellday account following the conditions foreseen in the Article "Termination". Since this information is comprised of your profile, the termination will only take effect upon the next update or version.

Article 5. Intellectual property

5.1. Content broadcast by Farewellday
The trademarks (including Farewellday®, etc..), logos, graphics, photographs, animations, videos and texts featuring on the Farewellday site and in the Farewellday Service are the intellectual property of Farewellday or its partners and may not be reproduced, used or represented without the express permission of Farewellday or its partners, under threat of legal action.
The rights of use accorded by Farewellday to the Member are strictly limited to accessing and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's membership with Farewellday. Any other use by the Member is prohibited without the authorization of Farewellday.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, the Farewellday site pages or software codes for elements comprising the Farewellday Services and site.
5.2. Content provided by Members
The Member grants Farewellday a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the Farewellday Site.
This licence in particular incorporates the right for Farewellday to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the Member (information, images, videos, descriptions, etc.) on all or part of the Farewellday Services (on the Farewellday site, by email) and/or in mailings sent by Farewellday and, in a general manner, on all distribution media, in particular electronic (email, text messaging, MMS, WAP, Internet, CD-Rom or DVD-Rom).
The Member expressly authorizes Farewellday to modify this content in order to conform to the look and feel of the Farewellday Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are worldwide and exist for the entirety of the agreement set out in these terms and conditions between the member and Farewellday. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the Services for the Member's own strictly personal and private use.
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Article 6. Liabilities and warranties

6.1 Functioning of the Farewellday site and Services
To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use Farewellday: Navigator Internet Explorer 6 or equivalent, Javascript functions enabled, cookies enabled, and pop-ups enabled.
The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
Farewellday does not guarantee that the Services will function if the Member activates a popup killer tool. In this case, the function should be deactivated before using the Service.
Farewellday does not guarantee that the Services will be usable if the Member's Internet Service provider is unable to provide its Service properly. In this context, Farewellday cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the Farewellday site resulting from incorrect hardware, problems experienced by the Member's Internet Service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of Farewellday.
Under these conditions, Farewellday does not guarantee that the Services shall function without interruption or error. In particular, the use of this Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation.

6.2 Information and content supplied by the Members
The information supplied by a Member of Farewellday must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned. It is the Member who takes the initiative to divulge and disseminate via Farewellday personal information, data, text, content and images. Consequently, he/she waives all recourse against Farewellday, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honor and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement, in particular by Article 5 "Personal Privacy and Protection of Member Data," since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use.
Farewellday cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, site visitors and/or the Member himself/herself. Correspondingly, Farewellday cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties.
In the event that any damages are brought against Farewellday due to any actions by the Member that are against the law or against these General Terms of Use, the Member shall assume all responsibility.

6.3 Links
Farewellday can supply or third parties may include hypertext links to other websites other than the Farewellday site and to Internet sources. As Farewellday is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilization of these external websites and sources are governed by their own Terms of Use.
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Article 7. Termination

A Member may at any time and without the need to provide any reason end his/her registration with Farewellday by requesting the closure of his/her account in the area of “contact us”.
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Article 8. Amendments by Farewellday to the Terms of Use

Farewellday may modify these Terms of Use at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the Farewellday site.

Article 9. About Us

Farewellday, is a division of Laksh Solutions, The Farewellday site is hosted on ihostbig servers.
For any questions you may wish to ask, contact Farewellday by completing the contact form.

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