ACCEPTANCE OF TERMS
Framy Ltd. provides access to this web as well as software products subject to your acceptance of the following User Agreement which may be updated from time to time by Framy Ltd.
BY USING THIS WEB SITE, YOU (the “USER”) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
The Web Sites, Applications and Software are the exclusive property of Framy Ltd and/or its suppliers. All rights not granted herein are reserved by Framy Ltd.
In accordance with this Agreement, we grant you a non-exclusive, non-transferable, terminable license to view and use our Web Sites only for the purposes or placing product orders, downloading software, accessing information. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Web Sites. You may not (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained therein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Sites, Applications or Software; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code of any Application or Software; (e) copy, reproduce, alter, modify, create derivative works, or publicly display any Application, Software or content from our Web Sites without our prior written permission, or that of the appropriate third party; (f) alter or modify the copyright notices and any other proprietary legends that appear on the Web Sites; or (g) access our Web Sites by any means other than through the interface that is provided by us.
Any Registration Information, computer information, or other information a User provides to Framy Ltd in connection with the use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; and (f) shall not create liability for Framy Ltd or cause us to lose (in whole or in part) the Software Products or our suppliers. Users shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site, the Software Products and the Services.
Any Software Product that is made available,
either as a download or otherwise, from the Site is the copyrighted work
of Framy Ltd and/or its suppliers. Use of the Software Products is governed
by the terms of the end user license agreement which accompanies or is
included with the Software Product (“License Agreement”),
or as expressly stated on the website pages accompanying the software.
An end user will be unable to install any Software Products that is accompanied
by or includes a License Agreement, unless he or she first agrees to the
License Agreement terms.
Framy Ltd makes no representations or endorsements
regarding the quality, accuracy, reliability or condition of any content
posted on the Site.
www.framy.com may contain hyperlinks to third party web sites outside of the Site. Framy Ltd makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites. Framy Ltd has no control over the content of any hyperlinked third party web sites and shall have no obligation to review those sites’ content.
Framy Ltd periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Framy Ltd shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
ALL MATERIALS AND INFORMATION PROVIDED ON THIS WEB SITE AND ALL PRODUCTS AND SERVICES PROVIDED OR PURCHASED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DESIGN, CONDITION, QUALITY, MATERIAL OR WORKMANSHIP. FRAMY LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF (INCLUDING DELAYS OR ERRORS CAUSED BY ELECTRONIC TRANSMISSION), OR THE RESULTS OF THE USE OF, THIS WEB SITE OR ANY MATERIALS ON THIS WEB SITE OR ANY SITE LINKED TO THIS WEB SITE.
IN NO EVENT WILL FRAMY LTD BE LIABLE UNDER ANY CLAIM OR CIRCUMSTANCES, WHETHER THE CLAIM ARISES IN TORT, CONTRACT OR OTHER LEGAL THEORY, FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, THE INABILITY TO USE, OR THE RESULTS OF THE USE OF, THIS WEB SITE OR ANY WEB SITE LINKED TO THIS SITE, OR THE INFORMATION OR MATERIALS CONTAINED ON THIS WEB SITE OR ANY OTHER SUCH WEB SITE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS OR REVENUE, EVEN IF FRAMY LTD OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS WEB SITE OR ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
Visitor and User agree to indemnify, defend and hold harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from User’s (directly or through its agents) use of the Site or Software Products provided hereunder by Framy Ltd; User’s breach of any provision of this Agreement or any intentional wrongdoing by User. Any such indemnification shall be conditioned on Framy Ltd’s: (a) promptly notifying the indemnifying party in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with the indemnifying party in the defence or settlement thereof; and (c) allowing the indemnifying party to control such defence or settlement. Framy Ltd shall be entitled to participate in such defence at its own cost and expense. Framy Ltd reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
All pages within the Site are the property of Framy Ltd. The Site and the Software Products are protected by international copyright and trademark laws. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Framy Ltd. A User may not, and this Agreement does not give a User permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site or the Software Products. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. A User may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by Framy Ltd.
Framy and Framy logos are trademarks of Framy Ltd. Any other trademarks and / or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks in User. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on this Site, without the express written permission of Framy Ltd or the trademark owner.
Unless a User has a written agreement in effect with us which states otherwise, User may only provide a hyperlink to the Site on another web site, if you comply with all of the following: (a) the link must “point” to the URL “http://www.framy.com” and not to other pages within the Site; (b) the link, when activated by a User, must display the Site full-screen and not within a “frame” on the linking web site; and (c) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. Framy Ltd reserves the right to revoke its consent to any link at any time in its sole discretion.
Framy Ltd will not accept or consider unsolicited
ideas such as ideas for new products and Software Products, processes,
new advertising campaigns, new promotional activities, marketing plans
or new product names. If, despite our request, you nevertheless should
decide to send us your ideas and materials, please be advised that Framy
Ltd will not treat them as confidential or proprietary.
This agreement is governed by the laws of Gibraltar without regard to the conflicts of laws principles thereof. User consents to the exclusive jurisdiction and venue of the courts in Gibraltar, in all disputes arising out of or relating to the use of this site. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, excepting limitations in the Liability Disclaimer, including without limitation, this paragraph and Framy Ltd makes no representation that the content or services available on this site are appropriate, lawful or available for use in other jurisdictions.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the user and Framy Ltd as a result of this agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Framy Ltd and Framy Ltd shall not be liable for any representation, act or omission of the user.
Framy Ltd reserves to itself any rights not expressly granted herein.
The Site and any content are offered by Framy Ltd. Framy Ltd is located at Suite 7, Hadfield House, Library Street, Gibraltar . Anyone wishing a copy of this Agreement may obtain such by accessing the Site, or e-mailing firstname.lastname@example.org. Questions concerning Framy Ltd, the Site, the Software Products, or any aspect of this Agreement should be addressed to Framy Ltd C/ Marina 245, 6º, 1ª - 08013 BARCELONA - SPAIN . (Telephone: +34 93 246 52 12 from 10h00 to 4h00 pm (Madrid GMT Time), Monday to Friday.)
|Copyright © 2006 Framy Ltd. All Rights Reserved.|