Terms of Use

 

Last updated January 1, 2019

AGREEMENT TO TERMS

These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity( you)  and Fortune DNA( company, we, us, or our) , concerning your access to and use of the http// Fortune DNA group.com/ terms  website as well as any other media form,  media channel ,mobile website all mobile application related, linked or otherwise connected thereto ( collectively the site) . you agree that by accessing the site you have read, understood and agreed to be bound by all of these terms of use. if you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the site from time to time are here by expressly Incorporated  herein by reference. we reserve the right, in our sole discretion , to make changes or modifications to these terms of use at any time and for any reason. we will alert you about any changes by updating the” last updated” date of these terms of use  and you waive any right  to receive specific notice of each such change. it is your responsibility to periodically review these terms of use to stay informed of updates. you will be subject to and will be Deemed to have been made aware of and to have accepted, the changes in any revised terms of use by your continued use of the site after that date such revised terms of use are posted.

The Information provided on the site is not intended for distribution to are used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement  within such jurisdiction for country.  accordingly, those persons who choose to accept the site from other locations do so on their own initiative and or solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The site is intended for users who are at least 18 years old. persons under the age of 18 are not permitted to use or register for the site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the site is our  proprietary property  and all source code, databases, functionality, software,  website designs, audio,  video, text, photographs and Graphics on the site( collectively the content)  and the trademarks, service marks and logos continent there in(the MARKS) are controlled by us or licensed to us and are protected by copyright and Trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions and international conventions . The  content and the marks are provided on the site” as is”  for your information and personal use only. Except as expressly provided in these terms of use, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior  written permission written permission.

Provided that you are eligible to use the site, you are granted limited license To access and use the site and to download or print of copy of any portion of the content to which you have properly gained Access solely for your personal, non-commercial use.. we reserve all rights not expressly granted to you in and to the site, the content and the marks.

USER REPRESENTATIONS

By using the site, you represent and warrant that (1)  you have the legal capacity and you agree to comply with these terms of use (2)  you are not a minor in the jurisdiction in which you reside (3)  you will not access the site through automated or nonhuman means whether  through a bot, script or otherwise (4) you will not use this site for any illegal or unauthorized purpose and(5) your use of the site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refused any and all current for future use of the site( or any portion thereof)

PRODUCTS

We make every effort to display as accurately as possible the colors, features specifications and details of the products available on the site.  however, we do not guarantee that the colors, features, specifications and details of the product will be accurate, complete, reliable, current or free of other errors  and your electronic display may not accurately  reflect the actual colors and details of the products .All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. prices for all products are subject to change.

PURCHASE AND PAYMENT

We accept the following forms of payment:

- Visa

- MasterCard

- American Express

- Discover

- PayPal

You agree to provide current, complete and decorate purchase and account information for all purchases made via the site . you further agree to promptly update account and payment information, including email address, payment method and payment card expiration date  so that we can complete your transactions and contact you as needed. sales tax will be added to the price of  purchases match deemed required by us . We may change prices at any time. all payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and you authorized us to charge your chosen payment provider for any such amounts upon placing your order. If  your order is subject to recurring changes then you consent to our charging your payment method on a recurring basis  without recovering your prior approval for each recurring charge until such time as you cancel the applicable order . we reserve the right to correct any errors or mistakes in pricing  even if we have already requested or received payment.

We reserve the right to refuse any order placed through the site. we may in our sole discretion, limit all cancel quantities purchased  per person , per household   or per order. these restrictions may include orders placed by or under the same customer account ,the same payment method  and/ or orders that use the same billing or shipping address . we reserve the right to Limit or prohibit orders that, in our sole judgement , appear to be placed by dealers, resellers or distributors

RETURN / REFUNDS POLICY
please review our return policy posted on the site  prior to making any purchases

PROHIBITED  ACTIVITIES

You may not access or use the site  for any purpose other than that for which we make the site available.  the site may not be used in connection with any commercial endeavors  except those that are specifically endorsed or approved by us.

As a user of the site you agree not to:

  1. Systematically retrieve data or other content from the site to create or compile,  directly or indirectly,  a collection, database, compilation or directory without written  permission promise

  2. Make any unauthorized use of the site, including connecting usernames and/ or email addresses of users buy electronic or other means for the purpose of sending unsolicited email or creating user accounts buy automatic means or under false pretenses.

  3. Use a buying agent or purchasing agent to make purchases on the site.

  4. Use the site to advertise or offer to sell goods and services

  5. Circumvent, disable or otherwise interfere with security related features of the site ,including features that prevent or restrict the use or copying of any content or enforce limitations  on the use of the site and/ or the content contained there in.

  6. Engage in unauthorized framing of or linking to the site

  7. Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

  8. Make improper use of our support services  for submit false reports  of abuse or misconduct

  9. Engage in any automated use of the system, such as using scripts to send comments  or messages  or using any data mining, robots for similar data gathering and extraction tools.

  10. Interfere with, disrupt or create and undue burden on the site or other networks or services connected to the site.

  11. Sell or otherwise transfer your profile

  12. Attempt to impersonate another user of person I use the username of another user

  13. Use any information obtained from the site in order to    harass, abuse or harm another person.

  14. Site as part of any effort to compete with us or otherwise use the site and/ or the content for any revenue generating endeavor  or commercial Enterprise

  15. Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the site.

  16. Attempt to bypass and images of the site designed to prevent or restrict access to the site or any portion of the site.

  17. Harass, annoy, intermediate or threaten any of our employees or Agents engaged in providing any portion of the site to you.

  18. Delete the Copyright or other proprietary rights Notice from any content.

  19. Copy or adapt the site’s software  including but not limited to flash,, PHP, HTML, JavaScript or other code.

  20. Upload for transmit( or attempt to upload or transmit)  viruses, Trojan horses or other material including excessive use of capital letters and spamming( continuous  posting of repetitive text)  that interferes with any party’s uninterrupted use And enjoyment of the site or modifies, impairs, disrupts, alter  or interferes with the use features, functions, operation  or maintenance of the site.

  21. Upload or transmit( or attempt to upload or transmit)  any material that acts as a passive or active information collection or transmission mechanism including without limitations clear graphics interchange formats (gifs)  1x1  pixels ,web bugs cookies or other similar devices( sometimes referred to as spyware or passive collection mechanism or pcms).

  22. Except as may be the result of standard search engine or internet browser usage, use launch, develop or distribute an automated system including without limitation, any spider, robot, cheat utility, scrapper or offline reader that  accesses the site for using for launching any unauthorised script or other software.

  23. Disparage, tarnish or otherwise harm  in our opinion us and/ or the site.

  24. Use the site in a manner inconsistent with any applicable laws or regulation.

USER  GENERATED CONTRIBUTION

The site may  invite you to chat  , contribute to or participate in blogs ,message boards,  online forms and other functionality and may provide you with the opportunity to create, submit, post, display,   transmit, perform, publish, distribute for broadcast content and materials to us or on the site including but not limited to text, writings, videos audio, photographs, graphics, comments, suggestions or personal information or other material( collectively  contributions) . contributions may be viewable by other users of the site and the Marketplace offerings and through third party websites.As  such, any contributions you transmit may be treated as non confidential and non proprietary.When you create or make available any contributions, you there by represent and warrant that.

1 .The creation ,distribution, transmission, public display or performance and accessing, downloading  or copying of your contributions do not and will not infringe the proprietary rights ,including but not limited to the copy right, patent, trademark, trade secret or moral rights of any third party.

2. You are the creator and owner of have the necessary license, rights consent,, releases, animations to use and to authorise us in the site and other users of the site to use your contributions in any manner  contemplated  by the site and these terms of use.

3.  You have the written consent,  release and/ or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable Conclusion and use of your contributions in any manner contemplated by the site and these terms of use.

4.  Your contributions are not false, inaccurate or misleading

5.   Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters , spams,   mass   mailing or other forms of solicitation

6.   Your contributions are not   obscene .lewd ,filthy, violent , harassing , libelous ,slanderous Or otherwise objectionable( as determined by us)

7.  Your contribution  don't ridicule , mock, disparage, intimidate or abuse anyone

8. Your contributions do not advocate the violent overthrow of any government or incite, encourage or threaten and physical harm against another

9. Your contributions do not violate any applicable law, regulation or rule

10. Your contributions do not violate the privacy or publicity rights of any third party

11.  Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12.  Your contribution do not violate any Federal or State Law concerning   concerning child pornography  or otherwise intended to protect the health or well being of minors

13.   Your contribution do not include any offensive comments that are connected to race, National origin, gender, sexual preferences, for physical handicap

14.   Your contributions do not otherwise violate or link to material that violates  any provision of these terms of use or any applicable law or regulation.

Any use of the site or the Marketplace offerings in violation of the foregoing violates these terms of use and may result in, among other things termination or suspension of your rights to use the site and the Marketplace offerings.

CONTRIBUTION  LICENSE

By posting your contributions to any part of the site you automatically grant and you represent and warrant that you have the right to grant, to US and unrestricted unlimited irrevocable, perpetual non-exclusive, Transferable, royalty free fully paid worldwide right and license to host, use, copy, reproduce, disclose, sell, resale, publish, broadcast, re title, archive, Store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt ( in whole or in part) and distribute such contributions( including without limitation your image and voice) for any purpose, commercial, advertising or otherwise and to prepare derivative works of or incorporated into other works, such contributions and grant and authorize sublicense of the  forgoing . the use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media par Technology now known or hereafter developed  and includes our use of your name  company name and franchise name as applicable and any of the trade marks,  service marks create names, logos and personal and commercial images you provide. You waive  on moral rights in your contributions and you want that moral rights have not otherwise be asserted in your contributions.

We do not assert any ownership over your contributions . you retain full ownership of all of your contributions and any intellectual property rights or other proprietary  rights associated with your contributions .We  are not liable for any statements or representation in your contributions provided by you in any Area on the site. you are solely responsible for your contributions to the site and you expressly agreed to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

We have the right in our sole and absolute discretion (1)  to edit, redact or otherwise change any contributions (2)  to re categorized and contributions  to place them in more appropriate locations on the site and(3) to pre -screen or delete any contributions at any time  and for any reason without notice we have no obligation to monitor your contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedbacks or other information regarding the site for the Marketplace offering( submissions) provided by you to us or non confidential and shall become our sole property .We  shall own exclusive rights  including all intellectual property rights and shall be entitled to the unrestricted-use and dissemination of these submissions for any lawful purpose, commercial or without acknowledgement or compensation to you. YOU hereby waive  all moral rights to any such submissions and you hereby warrant that any such submissions  or original with you or that you have the right to submit such submissions . you agree there shall be no records against us for any alleged or actual infringement misappropriation of any  proprietary write in your submissions.

THIRD PARTY WEBSITES AND CONTENT

The site may contain (or you may be sent via the site or the Marketplace  offerings )links to other websites( third party websites) as well as articles photographs, text,graphics, pictures, design,, music sound, video information, applications, software  and other content for items belonging to or originating from third parties ( third party content) .Such  third party websites and third party content are not investigated , monitored or checked for accuracy, appropriateness, or completeness  by us and we are not responsible what any third party websites accessed through the site or any third party content posted on available through or installed from the site including the content, accuracy, offensiveness opinions, reliability privacy practices or other policies of or contained in the third party websites are the third party content. Inclusion of, linking to,  permitting the use or installation of any third party websites or any third party content does not imply approval or endorsement  thereof bias. If you decide to leave the site and access the third party websites how to use or install any third party content you do so at your own risk and you should be aware these terms of use no longer govern.You should applicable terms and policies including privacy and data gathering  practices of any website to which you navigate from the site or relating to any applications you use or install from the site.Any purchases you made through third party websites will be through other websites and from other companies and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.You  agree and acknowledge that we do not endorse the products or services offered on third party websites and you shall Hold Us harmless from any harm caused by your purchase of such products or services.Additionally,  you shall Hold Us harmless from any losses sustained by you or harm caused to you will it into or resulting in any way from any third party content or any contact with third party websites

ADVERTISERS

Allow advertisers to display their advertisements and other information in certain areas of the Site  such as sidebar advertisements for banner advertisements .If  you are an advertiser you shall take full responsibility for any advertisements you place on the site and any services provided on the site for products sold through those advertisements. Further  as an advertiser you warrant and represent  that you possess all rights and authority to place advertisements on the site including but not limited to, intellectual property rights, publicity rights and contractual rights. as an advertiser you agree that such advertisements are subject to our digital Millennium copyright act( DMCA)  notice and policy provisions as described below and you understand and agree there will be no refund or other compensation for DMCA Takedown related issues we simply provide the space to place such advertisements and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right but not the obligation to (1)  monitor the site for violations of these terms of use (2)   take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of use including without limitation reporting such user to law enforcement authorities(3) in our sole discretion and without limitation ,refuse  restrict access to, limit the availability of or disable( to the extent technological feasible) any of your contribution or any portion there of (4) in our sole discretion and without limitation  notice or liability to remove from the site or otherwise disable all files and content that are extensive in size or or in any way burdensome to our systems and(5)  otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site and Marketplace offering.

PRIVACY POLICY

We care about that our privacy and security. Please review our privacy policy http// Fortune DNA group.com/ privacy . By  using the site or the Marketplace offerings you agree to be found by our privacy policy which is incorporated into these terms of use please be advised the site at the Marketplace offerings are hosted in the United States.  if you access the site or the Marketplace offerings from the European Union ,Asia or any other region of the world with loss or other requirements  governing personal data collection used for disclosure that differ from applicable laws in the United States, then throw your continued use of the site you are transparent your data to the United States and you expressly consent to have your data transferred to and processed  in the United States .Further we do not knowing the accept request or solicit information from children or knowingly market to children therefore in accordance with the US children's online privacy Protection Act if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent we will delete that information from the site as quickly as is reasonably practical

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

We respect the intellectual property rights of others. if you believe that any material available on or through the site infringes upon any copyright you own or control please immediately notify our designated copyright agent using the contact information provided below( a notification) A a copy of your notification will be sent to the person who posted or  Store the material  addressed in the notification .Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentation in a notification.Thus if you are not sure that material located on or linked to by the site infringes is your copyright you should consider first contacting an attorney

All notifications should meet the requirements of DMC 17 USC 512( c) (3)  and include the following information

  1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed   

  2. Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works on the site are covered by the notification  a representative list of such works on the  site

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonable is sufficient to permit us to locate the material    

  4. Information reasonably sufficient to permit us to contact the complaining party such as an address, telephone number and if available and email address at which the complaining party maybe contacted

  5. A statement that the complaining party has a good faith belief  that use of the material in the man the complaint of is not authorised by the copyright owner its  agent for the law and

  6. A statement that the information in the notification is accurate and under penalty of perjury that the complaining party is authorised to act on behalf of the owner of an exclusive right that is  allegedly infringed upon

COUNTER NOTIFICATION

If you believe your own copyrighted material has been removed from the side as a result of a mistake of MS identification you may submit a written counter notification to( us/ our  designated copyright agent) using the contact information provided below (counter notification).To be an effective counter notification under the DMCA  your counter notification must include  substantially the following:

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled

  2. A statement that you consent to the jurisdiction of the Federal district court in which your address is located or if your address is outside the United States for any judicial district in which we are located  

  3. A statement that you will accept service of process from party that filed the notification for the party’s agent

  4. Your name, address and telephone number

  5. For statement under penalty of perjury that you have a good faith believe that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled and your physical or electronic signature.

If  you send us a valid, return counter notification meeting the requirements described above we will restore your removed or disabled material unless we first receive Notice from the party filing the notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question .Please  note that if you materially miss represent that the disabled or removed content was removed by mistake or misidentification you may be liable for damages including cost and attorneys fee filing a case counter-notification constitutes perjury


Designated Copyright Agent

Fortune DNA

Attn: Copyright Agent

880 Seven Hills Dr

Henderson , NV  89052

Nick @ Fortune DNA Group . com

TERM AND TERMINATION

These terms of use shall remain in full force and effect while you use the site. without limiting any other provision of these terms of use we reserve the right to in our sole discretion and without notice for liability deny access to and use of the site and the Marketplace offerings( including block in certain addresses) to any person for any reason or  for no reason  including without limitation for breach of any representation warranty or Covenant contained in these terms of use of any applicable law or regulation we may terminate your used for participation in the site and the Marketplace offerings or delete any content or information that you posted at anytime without warning in our sole discretion.