FC2 Terms of Use
ARCHIVED 2023-09-06, DATE APPROXIMATE · VERSION 20230906_rev01 · COMPARED WITH 20230801_rev01
Full text changes — 20230801_rev01 to 20230906_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 152 | 152 | #### 12\. Force Majeure |
| 153 | 153 | |
| 154 | 154 | FC2 can not be held accountable for not meeting, or being delayed in fulfilling it's obligations in these Terms of Use, including but not limited to, cases of natural disasters, inaction by authorities, fire, strike, flood, pandemic, violence, acts of war or other such circumstances which are reasonably beyond the powers of FC2 to control. |
| 155 | 155 | |
| 156 | 156 | #### 13\. Disputes |
| 157 | 157 | |
| 158 | 1. The laws of Netherlands are applied to these Terms of Use. | |
| 159 | 2. Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by Netherlands. | |
| 160 | 3. If a resolution cannot be made through arbitration, a Netherlands Court receives exclusive jurisdiction rights. | |
| 161 | 4. A contract may be created between the merchant and cardholder, where in this case, the governing jurisdiction would be Netherland. All disputes resulting from this contract will be resolved through arbitrary proceedings recognized by Netherlands, and not by the above clause. If a resolution cannot be made through arbitration, a Netherlands Court receives exclusive jurisdiction rights. | |
| 162 | 5. The parties concerned are responsible for their own legal costs in court and arbitration. A contract may be created between the merchant and cardholder, where the governing jurisidiction is Netherlands. All disputes resulting from the contract will be resolved through arbitrary proceedings recognized by Netherlands. if a resolution cannot be made through atbitration, a Netherlands Court received exclusive jurisdiction rights. | |
| 158 | 1. The laws of U.S.A. are applied to these Terms of Use. | |
| 159 | 2. Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by U.S.A. | |
| 160 | 3. If a resolution cannot be made through arbitration, a U.S.A. Court receives exclusive jurisdiction rights. | |
| 161 | 4. A contract may be created between the merchant and cardholder, where in this case, the governing jurisdiction would be Netherland. All disputes resulting from this contract will be resolved through arbitrary proceedings recognized by U.S.A., and not by the above clause. If a resolution cannot be made through arbitration, a U.S.A. Court receives exclusive jurisdiction rights. | |
| 162 | 5. The parties concerned are responsible for their own legal costs in court and arbitration. A contract may be created between the merchant and cardholder, where the governing jurisidiction is U.S.A. All disputes resulting from the contract will be resolved through arbitrary proceedings recognized by U.S.A. if a resolution cannot be made through atbitration, a U.S.A. Court received exclusive jurisdiction rights. | |
| 163 | 163 | 6. If any clauses in This Document are found to be invalid, or otherwise non-binding, by a court; all other clauses will still remain as valid and binding. |
| 164 | 164 | |
| 165 | 165 | #### 14\. Advertising |
| 166 | 166 | |
| 167 | 167 | 1. All business relating to placing advertising on Our Service(s) is the responsibility of Users and corresponding advertisers. FC2 holds no responsibility for any losses or damages suffered, due to the posting of advertising on Our Service(s). |
| 168 | 168 | 2. FC2 may modify advertising space, position and/or display duration without forewarning. Users agree to and acknowledge this. |