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FNIENTE
[... D O    N O T H I N G ...]

 Luxury Social Club

Please read the Fa Niente Luxury Social Club Membership Terms and Conditions below before applying for membership as well as the Privacy and Security Policy.

Within these terms and conditions the following definitions will apply:

Fa Niente, Fa Niente Luxury Social Club – Is owned and operated by Perugini-Marquardt International Inc. Fa Niente organizes Events for Members and their Guests.

Event - All organized activities by Fa Niente intended for Members, prospective Members, Guests and non-members.

Member – Any person who is applying for membership or who is already a member in good standing.

Guest – Any person who accompanies a Member to an Event.

Lifetime Membership – As long as Fa Niente operates a membership based social club.

Application for Membership
All applications are conditional until reviewed and accepted and payment of fees is completed. Each applicant must read and accept the terms and conditions as well as the Fa Niente Privacy and Security  Policy on this Web site. Members will be required to meet the Membership Criteria and will be expected to review all such terms as published by Fa Niente periodically.

Fa Niente reserves the right to refuse any application without giving reason.

Membership Termination and 30 Day Money Back Guarantee
Fa Niente wants to completely satisfy the expectations of its Members and offers a 30 day money back guarantee. If you are not pleased with your membership, you may request a refund minus a $20.00 administration charge by submitting a written request (e-mail or letter) to cancel your membership within 30 days of being accepted as a Member. If a Member wishes to cancel beyond the 30 day period, Fa Niente is under no obligation to refund any part of the fee. However, when a written request for cancellation is received by Fa Niente, the individual circumstances may be reviewed and considered. Fa Niente also reserves the right to terminate or suspend any membership at anytime for any Member conduct it deems unacceptable.

Fa Niente requires safe, sensible, socially acceptable behavior from all parties with which it is involved. Parties meaning: Members, non-members, Guests, employees, guides, those in service at Events, contractors and any other person that may be involved with Fa Niente.

Safety
Some Events may require instructions; these will be given by Fa Niente or the company that has been hired to provide the Event.  Some Events may require specialty equipment. Fa Niente and the companies hired will make every effort to ensure the equipment is safe and available for the attendees to use throughout the Event. Fa Niente will not be liable for any defects in the equipment or its parts nor will it be liable for any lack of equipment. No Member or other party shall tamper with or abuse any such equipment and all parties are expected to use the equipment in the manner instructed. Fa Niente will not accept any liability on the Member’s or other’s behalf for misuse of any equipment.

Insurance
Fa Niente will not provide accident or other insurance. Some Events may involve a level of risk and often the Supplier of the Event will offer Fa Niente Members insurance coverage. Whenever insurance is not offered, it is the responsibility of the Member or other attendee to arrange his/her own insurance. Fa Niente will always make every attempt to eliminate risk, but when a Member or other attendee is participating in an Event, they have fully assumed all risks involved for the duration of the Event.

Due to the nature of certain Events, the risks involved may make insurance unobtainable. Participation in such Events (and any of Fa Niente’s Events) is completely the decision of the attendee. When a Member, Guest or non-member decides to participate, they may be required to sign a disclaimer with respect to the liability of Fa Niente and/or the company hired to provide the Event. Any Member, Guest or non-member that refuses to sign will not be allowed to participate and any refund for the Event will be at the discretion of Fa Niente and the company that has been hired to run the Event.

Even when events do not have obvious risks, Fa Niente will not assume any liability for incidents, injuries, accidents, deaths or theft or damage of property at Events. Fa Niente organizes Events but does not perform all of the functions of the Events and cannot be held responsible for venue or other third party suppliers.

Cancellations and Non-Attendance
Cancellations of Events may occur and no party may not hold Fa Niente at fault. Any booking fee paid by Members will be refunded if in fact the cancellation is a result of error in part by Fa Niente, or the supplier of the Event.

When any party chooses not to attend an event for which he or she has already signed up, Fa Niente is under no obligation to refund any fee associated with the Event. Furthermore any fee still owing by the party for the Event will still be due.

Communications On-line and Usage of Fa Niente Web Sites
Member and non-member, hereafter referred to as Users, participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Fa Niente. Fa Niente cannot and does not automatically screen or filter content provided by users to Fa Niente. Notwithstanding the foregoing, Fa Niente reserves the right to monitor content on its Web sites and to remove content that Fa Niente, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this agreement or Fa Niente operating policies.

Users may send and receive e-mail, engage in conferences and chats, comment on blogs, download and upload files and otherwise use Fa Niente Web sites as permitted by this agreement, Fa Niente’s operating policies and applicable laws. Files that Users upload, public messages sent, and activity in conferences and chats are subject to review, modification and deletion without notice by Fa Niente from any area where uploading or other activity takes place.

Fa Niente reserves the right in its sole discretion to change operating policies relating to on-line conduct, storage and deletion of e-mail and uploaded files, conferences and chats, forums, blogs and other matters at any time.

Files uploaded to Fa Niente Web sites may be subject to limitations on usage, reproduction and/or dissemination, and Users are responsible for adhering to such limitations.

Users are responsible for their communications and use of Fa Niente Web sites. Users may not, under any circumstances, do any of the following:

  • use simultaneous, unattended or continuous connections to Fa Niente Web sites  with one account
  • post or transmit any message which is libelous or defamatory
  • post or transmit any message, data, image or program which is indecent, obscene or pornographic
  • post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion
  • use Fa Niente Web sites to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others
  • intercept or attempt to intercept e-mail or other private communications not intended for you
  • send unsolicited e-mail messages through third-party mail servers in order to relay your e-mail or hide the origination of your e-mail to others
  • upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents
  • upload files that contain a virus or corrupted data
  • delete any author attributions, legal notices or proprietary designations or labels in a file that you upload
  • falsify the source or origin of software or other material contained in a file that you upload
  • use Fa Niente Web sites  in a manner that adversely affects the availability of its resources to other users
  • use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity the user directory or any portion thereof
  • falsely purport to be an employee or agent of Fa Niente
  • cause repeated disruptive incidents; or
  • act, or fail to act, in your use of Fa Niente Web sites in a manner that is contrary to applicable law or regulation
  • in addition, you may not post or transmit any message that is harmful, threatening, abusive or hateful.

It is not the intent of Fa Niente to discourage Members from taking controversial positions or expressing vigorously what may be unpopular views, nonetheless, Fa Niente reserves the right to take such action as it deems appropriate in cases where Fa Niente Web sites are used to disseminate statements that are deeply or widely offensive and/or harmful.

Each time a User uploads a file to Fa Niente Web sites, they represent and warrant that they own or otherwise control the rights or have the necessary consents to do so, and they grant every other User the right to download and use such file.

A User’s failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

Name and Trademark
Fa Niente, Fa Niente Luxury Social Club and FaNiente.ca are copyright and trademark names and are not to be used by anyone else without written consent.  No Member or any other person or organization has the right to organize an Event or meeting using these copyright and trademark names in advertising or otherwise.

Any meeting of Fa Niente Members, organized by anyone other than recognized Fa Niente organizers may not be called, advertised, branded or otherwise labeled as a Fa Niente meeting. Organizers of such meetings must be advise attendees that it is in no way an authorized Fa Niente Event. Any failure to make this clear by the Member organizer will result in the immediate termination of his/her Fa Niente membership.

Members may not sell tickets to other Members or non-members in attendance at Fa Niente Events or sell tickets at other non-Fa Niente Events that involve Fa Niente without the written permission of Fa Niente. Any attempt at this will result in termination of Fa Niente membership.

Indemnity
As a Member, Guest or non-member of Fa Niente you agree to indemnify, defend and hold harmless Fa Niente, its officers, directors, employees, agents, information providers, licensers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement or any activity related to your membership (including infringement of third parties’ intellectual property rights, wherever arising, or negligent or wrongful conduct).

Terms and Conditions Amendments
Fa Niente may alter the Membership Terms and Conditions without notice to Members but it will then provide the amended copy or link to the appropriate on-line document to Members.

Any regulations Fa Niente makes regarding the conduct of its Members will be final and binding.

Limitation of Liability
The value of the Membership fees paid in the year of which a claim is made is the maximum value of Fa Niente’s liability. This includes any loss or damage of property, injury or death due to willful misconduct of Fa Niente, its employees, agents or subcontractors.

Fa Niente will not be held liable to any party for any loss, profits, contracts or otherwise, due to negligence or breach of contract.

Legal Jurisdiction
Fa Niente created these Terms and Conditions in agreement with Canadian Law and will be governed by these same laws.

www.FaNiente.ca
1160 Beaverwood Road, P.O. Box 1518, Manotick (Ottawa), Ontario, K4M 1A4, Canada
Tel: 613-482-0837

©Copyright 2010 Fa Niente.  All rights reserved.
Reproduction of any portion of this Web site requires the written consent of Fa Niente.

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