Overview

Terms of service are an important legal hurdle for any website. Here’re ours. If you’re looking for the commission terms of service, then you want this page instead.

Please read these terms of service (“terms”, “terms of service”) carefully before using fafnirtech.com (“Fafnir Tech” and the “service”), operated by Marc Siaw (“us”, “we”, “our”).

§1. Introductions and Acceptance

By accessing and/or using fafnirtech.com other than to read these terms of use for the first time, you are agreeing to comply with these terms, which may change from time to time as set forth in section 11. If you do not agree with any of these terms, then you are prohibited from using or accessing this site or any of its services.

§2. Privacy Policy

Our privacy policy is a part of and is incorporated by reference into these terms of use. By accessing or using any of our services, you are signifying your acknowledgement and agreement to Fafnir Tech’s privacy policy. Like the main terms of service document states in section 11, it is also subject to change at any time, effective with one month’s notice, and previous versions of the privacy policy will be archived.

§3. Intellectual Property and Copyright

Unless otherwise stated, fafnirtech.com and all included content — which also includes any derivative works or enhancements — including, but not limited to, content, documentation, images, information, products, scripts, services, software, sounds, technology, text, and videos (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. You shall not acquire any right, title, or interest in our services or any website content. Any rights not expressly granted in these terms are expressly reserved.

Furthermore, except as expressly permitted in these terms, you may not:

• remove or alter any copyright, trademark, or other proprietary rights notice on fafnirtech.com or the website content;
• circumvent, disable, or otherwise interfere with any security-related features of our services, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our services or website content;
• copy or “scrape” our services or website content, whether manually or automatically via devices such as robots, for any purpose other than to create and maintain a public search engine, without the express written permission of Fafnir Tech;
• collect or harvest any personally identifiable information from our services or website content, including, without limitation, user names, passwords, or e-mail addresses;
• use website content or services to solicit other users to join or become members of any commercial online service or organization without our prior written approval;
• attempt to or interfere with our services or impair, overburden, or disable the same;
• use network-monitoring software to determine the architecture of or extract usage data from any of our services or website content;
• use the service or website content to encourage conduct that violates any local, state, or federal law, either civil or criminal, or to impersonate another user, person, or entity (e.g., using another person’s membership (as defined in section 4) without permission, etc.);
• use website content to violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or,
• engage in any conduct that restricts or inhibits any other user from using or enjoying our services.

The one exception allowing users to scrape website content is in the case of public search engines. Fafnir Tech grants public search engine operators permission to use automated processes and devices such as spiders to copy website content from our services for the sole purpose of creating and maintaining — and only to the extent necessary to create and maintain — a publically available, searchable index of website content. Fafnir Tech reserves the right to revoke this permission, generally or specifically, at any time.

§4. User Registration

Fafnir Tech may now (or in the future) require that users become registered in order to access or use some of the website’s features. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to Fafnir Tech.

Should you become a registered user, then you agree that you will provide true, accurate, and complete registration information, and, if such information changes, then you will promptly update the relevant registration information. During registration, you create a user name and password (a “Membership”), which permits you access to certain areas of our services that may not be available to users without a membership.

You are responsible for safeguarding and maintaining the confidentiality of your membership as well as any and all activity occurring under your membership, whether or not you have authorized said activity. You agree to notify us immediately via e-mail about any security breaches in or unauthorized usage of your membership.

Should you ever wish to terminate your membership for any reason, you may contact us via e-mail. If you terminate your membership voluntarily, then all of your user content (defined below in section 5) will be deleted no later than two months after we send confirmation of deletion.

§5. User Content

Fafnir Tech may now (or in the future) permit users to post, upload, transmit through, or otherwise make available on our services (collectively, “submit”) content such as comments, files, images, information, messages, photos, sounds, templates, text, videos, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all rights, titles, and interests in your user content.

We cannot guarantee any confidentiality with respect to user content, even if it is not published on our services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have included in your user content, and we cannot accept any responsibility for the same.

You agree that you will not submit any user content that is protected by copyright, trademark, or other intellectual property or proprietary right without the express permission of the owner(s) of the respective right(s). You are solely liable for any damage resulting from your failure to obtain such permission as well as any other harm resulting from user content that you submit.

You also agree not to submit any user content that:

• violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, or other intellectual property or proprietary right of any person or entity;
• impersonates someone else;
• is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, or otherwise objectionable;
• encourages behavior that would constitute a criminal offense or otherwise violate any laws;
• is an advertisement for goods or services or a solicitation of funds;
• includes personal information, such as messages that identify account numbers, phone numbers, addresses, or employer references;
• contains instructions or advice that could cause harm or injury; or,
• is a chain letter of any kind.

Moreover, any conduct by a user that, in our sole discretion, restricts or inhibits any other user from using or enjoying our services will not be permitted.

By submitting user content to us, simultaneously by posting, you automatically grant (or warrant that the owner/s has/have expressly granted) to us a fully sublicensable, non-exclusive, perpetual, royalty-free, transferable, and worldwide right and license to create, distribute, reproduce, and use derivative works based upon (which includes, without limitation, translations), publicly display or perform, transmit, and publish your user content — in whole or in part — as we, in our sole discretion, deem appropriate, including, without limitation:

1. in connection with our business, and
2. in connection with the businesses of our successors, parents, subsidiaries, and their related companies.

Fafnir Tech may exercise this grant in any format, media, or technology, now known or later developed, for the full term of any copyright that may exist in such user content.

By submitting user content, you also grant us the right, but not the obligation, to use your biographical information, including, without limitation, your initials and geographical location, in connection with any use or publication of your user content.

Fafnir Tech has the right — but not the obligation — to monitor any user content. We also have the right, in our sole discretion and for any reason whatsoever, to edit, refuse to post, remove, or disable access to any user content. As stated above in section 4, you may remove your user content from our services by sending an e-mail to revoke your membership.

§6. Third-Party Links

In many instances, website content will include content posted by a third party or will represent the opinions and judgments of a third party. The inclusion of any link to a third-party site does not imply Fafnir Tech’s affiliation with or endorsement of the linked site. You assume sole responsibility for your use of any third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website.

If there is a dispute between persons accessing our services or between persons accessing our services and any third party, then you understand and agree that we are under no obligation to become involved. If there is such a dispute, then you hereby release Fafnir Tech as well as its employees, affiliates, subsidiaries, and their related companies from any kinds of claims, demands, and damage arising out of, relating to, or in any way connected with said dispute.

§7. Communications

All communications with us are electronic. Every time you send us an e-mail or visit our website, you communicate with us. You hereby consent to receive communications from us. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

§8. Applicable Law and Disputes

When accessing our services, including without limitations to the website content, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law, and that the laws of the State of Hawaii, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Fafnir Tech and you, or its business partners and associates.

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court of Hawaii and you consent to the exclusive jurisdiction and venue of said courts.

§9. Disclaimers

The materials on Fafnir Tech are provided on an “as is” basis. Fafnir Tech makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for any particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Fafnir Tech does not and cannot warrant or make any representations concerning the accuracy, probability of use, or reliability of the use of the website materials or otherwise relating to any sites linked to this site.

Under no circumstances will we be liable for any losses or damages caused by your reliance on any of our services or website content.

§10. License and Site Access

We grant you a limited license to access and make personal use of this website. Except as expressly permitted in these terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit website content for any purpose whatsoever without obtaining prior written consent from us, or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing website content.

§11. Amendments and Additional Terms

Fafnir Tech reserves the right, in our sole discretion, at any time, and for any reason, to modify or discontinue any aspect or feature of our services or to modify these terms. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our services in general, unique parts of our services, or both (“Additional Terms”). Any additional terms that we may provide will be incorporated by reference into these terms, and if any additional terms conflict with these terms, then the additional terms will control.

Modifications to these terms or additional terms will be effective one month after notice, either by posting on our services or by e-mail notification. After a new set of terms comes into effect, the previous version of the document will be archived. It is your responsibility to review the terms and our services from time to time for any changes or additional terms. Your access and use of any our services following any modification of these terms or the provision of additional terms will signify your assent to and acceptance of the same.

If you object to any subsequent revision to the terms or to any additional terms, then you may terminate your membership (if it exists) as provided in section 4 herein, and then you must immediately discontinue use of our services.