Conditions of Use

  1. INTRODUCTION.
    Welcome to the Fruit of The Vine Naturally, LLC site.

    In this statement,†FOTVN means Fruit of The Vine Naturally, LLC and includes its related bodies, which may be referred to as "FOTVN", "FOTVN.COM", "Fruit of The Vine Naturally", "us" or "we"; and "you" means any and all users of or visitors to this website.

    FOTVN makes available a variety of resources (collectively the "Services") through this site. These Services are subject to the following terms and conditions ("Terms and Conditions"), which are legal obligations. The Services include any updates, new features, enhancements and the addition of new Web properties.

    The purpose of these terms and conditions are
    1. to help you enhance your use of the Internet and the services accessible from the website by preventing unacceptable use,
    2. to protect the network,
    3. to comply with applicable laws and
    4. to act as a responsible resource for information pertaining to FOTVN
These terms and conditions do not aim to place unnecessary and onerous restrictions on your use of our website or network, inasmuch as you are responsible for your use of the services and content accessible from our website.

  1. ACCEPTANCE OF TERMS AND CONDITIONS.
    By using the Services, you agree to be bound by, and to comply with, these Terms and Conditions and any other rules or guidelines which we may implement for any individual Web site or Service. FOTVN reserves the right to update these Terms and Conditions at any time without notice to you. You may review the most current version of the Terms and Conditions by clicking the hypertext link located at the bottom of our Web pages.

  2. CONDITIONS AND RESTRICTIONS ON USE.
    1. ILLEGAL ACTIVITIES
      You are prohibited from making use of our network to engage in any illegal or unlawful activity.
      These include, but are not limited to the transmission of content which:
      • violates any foreign, federal, state or local law or regulation;
      • carries any defamatory, discriminatory or obscene material;
      • carries child pornography;
      • carries religious or racial slurs;
      • is used in connection with any infringement of another persons intellectual property rights (for example copyright and trademark);
      • engages in the transmission of pirated software;
      • threatens or encourages bodily harm;
      • destroys tangible or intangible property;
      • use of the Services for any purpose prohibited by these Terms and Conditions;
      • engage in any conduct that FOTVN, in its sole discretion, believes is or may be harmful to another user, visitor or to any other party, directly or indirectly;
      • using the Services in a manner that could impair, disable, overburden or damage any FOTVN server, or the network(s) connected to any FOTVN server, or interfere with any other partyís use and enjoyment of any Services;
      • uses the network to collect or attempt to collect personal information about third parties without their knowledge or consent; and
      • attempting to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any FOTVN server or to any of the Services, through hacking, password mining or any other means.
    2. FRAUDULENT ACTIVITY
      You are prohibited from making use of our network to make fraudulent offers to sell or buy products, items, or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters".

    3. NETWORK SECURITY BREACHES
      You are prohibited from using our network to attempt to, or penetrate, or gain unauthorized access or circumvent any security measures implemented by FOTVN. Such activities may result in criminal or civil proceedings being instituted against you, it being understood that FOTVN will co-operate with investigations being conducted by the administrators of other websites or networks in the investigation of suspected circumventions or penetrations on their websites or networks by you from the FOTVN network.

    4. DISRUPTION
      You are prohibited from using our network to disrupt the normal functioning of the network, the website or any part of the Internet which includes, but is not limited to, all manner of "denial of service attacks", attempted password cracking and utilizing another subscribers account without that subscribers permission.

    5. USE OF PROPRIETARY MATERIAL
      You are prohibited from using the network to obtain material protected by inter copyright (such as digital images, text and software for example) and trademark, unless you have obtained the written consent of the owner of the protected material. You are, however, entitled to the network to obtain and download materials in the public domain (such as digitized images, text and software for example), provided that such material are clearly marked as available for download in this manner.

  3. BREACH OF TERMS AND CONDITIONS
    Your failure to adhere to FOTVN terms and conditions of use will constitute a breach of these website terms and conditions of use.

    If you suspect that another visitor is breaching any of the above terms and conditions, you are requested to report such breach to FOTVN at abuse@FOTVN.com .
    Should you breach any of the above terms and conditions, FOTVN shall be entitled, but not obliged to exercise any of its rights that it may have in law and to respond to any complaint lodged by you in one or more of the following manners:
    • to institute legal proceedings against a subscriber or visitor for specific performance, or for any loss or damage sustained by FOTVN (irrespective of whether such loss or damage is consequential, incidental, indirect or special, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, regardless of whether such liability is based on breach of contract, defect, strict liability or otherwise); and
    • to respond to the complaint in any other manner deemed appropriate by FOTVN.


  4. REGISTRATION AND PRIVACY.
    Certain of the Services may require you to register. You will provide us with current, complete and accurate information as prompted by the applicable registration form. You agree to update this data when necessary to keep it current and accurate. You will be solely responsible for choosing and maintaining in confidence your password and user name. FOTVN will not be responsible should someone else use your password or account, and you agree to notify FOTVN promptly of any unauthorized use of your account or other breach of security.

    All registrations become FOTVNís exclusive property, and FOTVN reserves the right to use all registrations and personally identifiable user information, subject to FOTVNís Privacy Policy. Please click here to review our complete Privacy Policy.

  5. USE OF SERVICES.
    The Services are for your personal use, only, except where otherwise expressly provided. The products, services, software and information obtained from the Services may not be sold, transferred, licensed, reproduced, displayed, published, distributed, copied, performed or modified by you, or used to create derivative works without prior written permission from FOTVN.

    FOTVN is not required to monitor the Services. However, FOTVN reserves the right to review and remove materials posted to the Services in its sole discretion.

    In its sole discretion, FOTVN may disclose any information it deems necessary or appropriate to satisfy any applicable law, regulation, legal process or governmental request, or refuse to post, remove or edit any materials, in whole or in part.

  6. MATERIALS PROVIDED TO FOTVNOR POSTED AT ANY FOTVN WEB SITE.
    FOTVN does not claim ownership of the materials you provide to FOTVN or post, upload, input or submit to any Services for review by anyone (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting FOTVN, its affiliated agencies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including without limitation all Services), including without limitation the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and to sub license such rights to any supplier of the Services.

    By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including without limitation all rights necessary for you to provide, post, upload, input or submit the Submissions.

    No compensation will be paid with respect to the use of your Submission, as provided herein. FOTVN is under no obligation to post or use any Submission you may provide, and FOTVN may remove any Submission at any time in its sole discretion.

    In addition, by Posting a Submission that contains images, photographs, pictures or that is otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or the copyright owner has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and Conditions and the Services, (b) you have the rights necessary to grant the licenses and sub licenses described in these Terms and Conditions, and (c) any person depicted in such Images has provided consent to the use of the Images as set forth in these Terms and Conditions, including without limitation the distribution, public display and reproduction of such Images. By Posting Images, you are granting to the general public (for each such Image available anywhere on the Services), permission to use your Images in connection with the use, as permitted by these Terms and Conditions, of any of the Services, and including without limitation a non-exclusive, world-wide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sub license such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will end when you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

  7. LINKS TO THIRD PARTY SITES.
    The links in this area will let you leave FOTVNís site. FOTVN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FOTVN of the site. The linked sites are not under FOTVNís control, and FOTVN is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. FOTVN is not responsible for web casting or any other form of transmission received from any linked site.

  8. INDEMNITY AND RELEASE.
    By using the Services, you agree to indemnify and defend FOTVN and its affiliates, owners, officers, directors and employees and hold them harmless from and against any and all claims and expenses, including reasonable attorneysí fees, arising from your use of the Services or from any personís use of any account or password you maintain, regardless of whether such use is authorized by you. Furthermore, by using the Services, you agree to release FOTVN and its affiliates, owners, officers, directors and employees from any and all claims, demands, debts, obligations, damages, costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Services.
  9. MISCELLANEOUS.
    These Terms and Conditions will be governed by and construed in accordance with the laws of Louisiana without regard to its conflict of laws principles. The failure of FOTVN at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same or any other term hereof. These Terms and Conditions may be amended only by FOTVN. In the event of a breach or threatened breach of these Terms and Conditions, FOTVN shall have all applicable equitable as well as legal remedies.

  10. LIMITATION OF LIABILITY.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOTVN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, EVEN IF FOTVN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, FOTVNíS ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL BE LIMITED TO U.S.$50.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, FOTVNís liability shall be limited to the greatest extent permitted by law.

  11. COPYRIGHT NOTICE.
    Copyright © 2007 Fruit of The Vine Naturally, LLC. All rights reserved.

MORE INFORMATION:

For further information on FOTVN legal matters please contact:
Charles Williams,†Operations†- E-mail: Charles@FOTVN.com - (318) 402-5456
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