Last updated: 10/22/2019

The Finch website and any sub-sites located at https://finch-vr.com/ (together the “Site”) is copyrighted work belonging to Finch Technologies, Ltd. Building #10, 1st Floor P.O. Box 3169
Vistra Corporate Services Centre, Wickhams Cay II, Road Town, Tortola, VG1110, British Virgin Islands (“us”, “we”, “our”, “Finch”, or “Company”) and provided by ivSystems LLC, 39 Kirova Str., Ufa 450077, Russia. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site related to such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. By logging into the Site, you are being compliant to these Terms and you express that you have the authority and capability to enter the page with these Terms. You should be at least 13 years of age to access the Site. If you disagree with any of the provisions of these Terms, do not log into and/or use the Site.

The Company obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Access to the Site

Subject to Terms

The Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, non commercial use.

Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

1. you shall not to sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site;
2. you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
3. you shall not access the Site in order to build a similar or competitive website; and
4. except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

The Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that the Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

You agree that the Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by the Company or Company partners or suppliers. Note that these terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in the following Terms. The Company and its partners and suppliers reserve all rights not granted in these Terms.

User Content

“User Content” means any information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Seeing as you alone are responsible for your User Content, you may expose yourself to liability. The Company is not obligated to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you wish.

Hereby you grant to the Company an irreversible, non exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”: you agree not to use the Site to collect, upload, transmit, display or distribute any User Content that:

·         violates any third-party right or any intellectual property or proprietary right;

·         is unlawful, harassing, abusive, torturous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

·         is harmful to minors in any way;

·         or is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to:

·         upload, transmit or distribute any software to or through the Site intended to damage or alter a computer system or data;

·         send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of duplicative or unsolicited messages;

·         use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent;

·         interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms, or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide the Company with any feedback or suggestions regarding the Site, you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary.

You agree to indemnify and hold the Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of:

1. your use of the Site;
2. our violation of these Terms;
3. your violation of applicable laws or regulations; or
4. your User Content.

The Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable means to notify you of any such claim, action or proceeding upon becoming aware of it.

Third Party Content

The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only for your convenience, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should sensibly consider discretion and being cautious and in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Privacy and Security

Finch’s Privacy Policy (link to policy) explains how we manage your personal data and protect your personal data and privacy, when using the Site, our products and services and it is incorporated through references into these Terms. By using the Site, you agree that we can use the data in accordance with our Privacy Policy.

Indemnification

You and any third party for whom you operate activity on the Site agree to defend (at our request) , indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including without restrictions, reasonable attorney’s fees and costs, created out of or in any way connected with any of the following:

·         your Submitted Content or your access to or use of the Site;

·         your breach or alleged breach of these Terms;

·         your violation of any third-party right;

·         your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, all regulatory, administrative and legislative authorities without restrictions; or

·         any misrepresentation made by you.

You will cooperate as fully required by us, in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Disclaimers

The Site is provided on an "as-is" and "as available" basis, and Finch and our suppliers and partners explicitly disclaim any and all warranties and conditions of any kind, whether expressed, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our partners and suppliers may not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Finch reserves the right to do any of the following, at any time, without notice:

·         to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;

·         to modify or change the Site, or any portion of the Site and any applicable policies or terms; and

·         to interrupt the operation of the Site or any portion of the Site as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitation on Liability

To the furthest extent permitted by law, in no event shall the company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if the company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not increase this limit. You agree that our suppliers and partners will have no liability of any kind developed from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitation or exclusion above may not apply to you.

Copyright Policy

The Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeatedly infringing intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) of a piece of work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

·         your physical or electronic signature;

·         identification of the copyrighted work(s) that you claim to have been infringed;

·         identification of the material on our services that you claim is infringing and that you request us to remove;

·         sufficient information to permit us to locate such material;

·         your address, telephone number, and e-mail address;

·         a statement expressing that you have significant grounds, that the use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;

·         and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General Terms

These Terms are governed by the laws of the British Virgin Islands without affecting any conflict of laws or principles that may provide the application of the law of another jurisdiction.

These Terms, together with any additional terms with Finch that you agree to by using a product or service available through the Site, or by affirmatively agreeing to the additional terms, are the entire agreement between you and Finch regarding the use of the Site. Any failure by Finch to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be modified so that it is valid and enforceable to the furthest extent permitted by law. Neither party is an agent or partner of the other party.

These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Finch’s prior written consent. These Terms may be assigned by Finch without restrictions. These Terms are binding upon any permitted assignee.

The Company may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, hard copy or posting of such notice on the Site. Finch is not responsible for any automatic filtering you or your network provider may apply to email notifications.

Copyright/Trademark Information

Copyright ©2016-2019. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Us

If you have any questions about this Term, please contact us at:
support@finch-vr.com

Contact details

1. BVI office

Finch Technologies Ltd.
Vistra Corporate Services Centre, Wickhams Cay II

Road Town, Tortola VG1110
British Virgin Islands

2. Russia branch

ivSystems LLC
39 Kirova str.
Ufa, 450077
Russia