Terms of Service
BY VISITING FEPSS.ORG, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
FEPSS.ORG is an online service operated for the purposes of providing localization and professional services, including but not limited to subtitles, video translations, transcription, voice overs, dubbing, remote interpretation, proofreading, video editing, and graphic designs.
OVERVIEW
The terms “we,” “us,” “our” and the “Site” refers to FEPSS.ORG. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the Site.
Use of FEPSS.ORG including all materials presented herein and all online services provided by FEPSS.ORG is subject to the following terms of service. These terms of service apply to all site visitors, customers, and all other users of the site. By using the Site or our services, you agree to these terms of service without modification, and acknowledge reading them.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these terms of service. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in our services related to business, marketing, branding, and other information are subject to change. FEPSS makes no representation or warranty that the information provided, regardless of its source (i.e. the “content”), is accurate, complete, reliable, current, or error-free. FEPSS disclaims all liability for any inaccuracy, error, or incompleteness in the content.
ACCOUNT CREATION
In order to use our services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to FEPSS will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
Your account must not be used for any illegal or unauthorized purposes. You must not, in the use of our services, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate purposes only. You shall not post or submit to the Site any material which violates or infringes the rights of others, or which is threatening, abusive,defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
Our services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or our services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
GUARANTEE
We do not guarantee that you will receive any grade or particular outcome from our services.
CANCELLATION POLICY
Except as set out in this agreement, all sales are final. If you are a resident of the European Union, you have the right to cancel the contract for a purchase of our services (digital content) from FEPSS.ORG for a refund within a period of 14 days beginning with the day after purchase. Once you have your refund, you will no longer have the right to access the digital content. Please note that once you access or download any digital content that you purchase, you no longer have the right to cancel your purchase of that digital content.
NO REFUNDS POLICY
Due to the nature of our virtual services and digital content being non-returnable once they are accessed or downloaded, all of our sales are final purchases, non-transferable and non-refundable. However, we offer free corrective services for technical mistakes. If you reside in the EU, and purchase any of our services, you may receive a full refund of all monies paid within fourteen (14) days as per EU regulations. However, you will not be entitled to a refund if you accessed or downloaded the digital content (service provided) at any time during the 14 days.
PAYMENT METHODS
FEPSS.ORG accepts debit and credit cards. When a credit card is being used for a purchase, FEPSS.ORG may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Except as otherwise set out herein, billing to your credit card occurs at the time of purchase, or shortly thereafter.
FEPSS.ORG accepts the following payment cards: Visa and MasterCard.
Depending on the country in which you are making your purchase, the following payment methods may also be available: MasterCard, Visa Debit, iDeal, JCB, Discover, and American Express.
Please note that credit cards have daily spending limits that may prevent the processing of your order. If a transaction has been declined due to credit issues, please ensure all data is correct and resubmit your purchase. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another payment card.
PRODUCTS AND SERVICES DESCRIPTION
We endeavor to describe and display our products and services as accurately as possible. While we try to be as clear as possible in explaining our services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third-parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to FEPSS. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or our services. Content you submit to FEPSS remains yours to the extent that you have any legal claims therein.
You hereby grant FEPSS and its service providers a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, create derivative works from, perform, display, distribute, make and have made Customer Data (including Aggregate Data) as necessary for FEPSS to:
- provide access to the Site to Customer and End Users (including any maintenance, calibration, diagnostic and troubleshooting); and
- monitor the performance of the Site.
You retain all copyrights to any submitted material and you bear sole responsibility for any copyright violations resulting from your submissions to our website should any dispute arise. You agree to hold FEPSS harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
OUR INTELLECTUAL PROPERTY
The Site and our services contain intellectual property owned by FEPSS, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or our services in whole or in part, without our prior written consent. We reserve the right to immediately remove you from our services, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these terms of service. Such amendments are effective immediately upon notice to you by us posting the new terms of service on this Site. Any use of the Site or our services by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and services, including these terms of service, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our terms of service.
LIMITATION OF LIABILITY
You accept the use of this website and our services at your own risk. We bear no responsibility for reliance on our information. You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or our services. Additionally, FEPSS.ORG is not liable for damages in connection with:
- Any failure or performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure;
- Loss of revenue, anticipated profits, business, savings, goodwill or data; and
- Third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The above-mentioned applies even if FEPSS has been advised of the possibility of or could have foreseen the damages. In local, provincial, national or international jurisdictions that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
In no event shall FEPSS’S cumulative liability to you exceed the total purchase price of the services you have purchased from FEPSS.ORG. If no purchase was made by you, then FEPSS’S cumulative liability to you shall not exceed $100 CAD.
THIRD-PARTY RESOURCES
The Site and our services contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for third-party websites or resources’ availability, accuracy, content, or policies. Links to such websites or resources do not imply any endorsement or affiliation with FEPSS. You acknowledge sole responsibility for and assume all risks arising from using any such websites or resources.
PRIVACY POLICY
Our privacy policy is on a separate page.
COOKIE POLICY
Click on the green ball widget located on the left side of the page, to view our Cookie Policy.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these terms of service, or any use by you of the Site or our services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
This agreement constitutes the entire agreement between you and FEPSS pertaining to the Site and our services, and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by FEPSS shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by FEPSS.
HANDLING OF INQUIRIES, CONCERNS AND COMPLAINTS
If you have any inquiries, concerns, or complaints about our privacy policy, please email us at fepssglobal@gmail.com.
You further undertake not to pursue FEPSS through any means, including regulatory agencies, the courts, or the media:
- until and unless FEPSS has had a minimum of 90 days to respond to the initial communication; and
- while FEPSS and you are conducting a dialogue about the matter.
GOVERNING LAW; VENUE; MEDIATION
This agreement shall be construed in accordance with, and governed by the laws of the City of Windsor, the Province of Ontario and the federal laws of Canada; and further include any other applicable local, provincial, national or international laws, or regulations having the force of law. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be remotely or physically in Windsor, Ontario, Canada.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this agreement by mediation, which shall be conducted under any proceeding upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
If a party initiates arbitration, the initiating party must notify the other party in writing via Mail, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include: (1) the name and address of the party seeking arbitration; (2) a statement of the legal and factual basis of the claim; and (3) a description of the remedy sought. Any demand for arbitration by a party must be delivered to FEPSS at 964 Belleperche Place, N8S 3C3, Windsor, ON, Canada. The arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
RECOVERY OF LITIGATION EXPENSES
If legal action, arbitration, or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement; the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These terms of service bind and inure to the benefit of the parties’ successors and assign. These terms of service are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: JUNE 21, 2024.
