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Terms of
Use
We ask that you agree to abide by the following Terms and Conditions.
Please read them over as by using our site you automatically agree
to them. Naturally, if you don’t agree, please do not use
the site. We reserve the right to make any modifications that we
deem necessary at any time. Please continue to check these terms
to see what those changes may be! Your continued use of the francisbevan.com
Web site means that you accept those changes.
Restrictions on Use of Our Online Materials
All
Online Materials on the francisbevan.com site, including, without
limitation, text, software, names, logos, trademarks, service marks,
trade names, images, photos, illustrations, audio clips, video
clips, and music are copyrighted intellectual property. All usage
rights are owned and controlled by francisbevan.com You, the visitor,
may download Online Materials for non-commercial, personal use
only provided you 1) retain all copyright, trademark and propriety
notices, 2) you make no modifications to the materials, 3) you
do not use the materials in a manner that suggests an association
with any of our products, services, events or brands, and 4) you
do not download quantities of materials to a database, server,
or personal computer for reuse for commercial purposes. You may
not, however, copy, reproduce, republish, upload, post, transmit
or distribute Online Materials in any way or for any other purpose
unless you get our written permission first. Neither may you add,
delete, distort or misrepresent any content on the francisbevan.com
site. Any attempts to modify any Online Material, or to defeat
or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying
it, is considered licensed to you by francisbevan.com or third-party
licensors for your personal, non-commercial home use only. We do
not transfer title of the software to you. That means that we retain
full and complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute
or sell the material or to reverse-engineer, disassemble or otherwise
convert it to any other form that people can use.
Submitting Your Online Material to Us
All
remarks, suggestions, ideas, graphics, comments, or other information
that you send to francisbevan.com through our site (other than
information we promise to protect under our privacy policy becomes
and remains our property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission
as confidential. You can’t sue us for using ideas you submit.
If we use them, or anything like them, we don’t have to pay
you or anyone else for them. We will have the exclusive ownership
of all present and future rights to submissions of any kind. We
can use them for any purpose we deem appropriate to our francisbevan.com
mission, without
compensating you or anyone else for them.
You acknowledge that you are responsible for any
submission you make. This means that you (and not we) have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
Limitation of Liability
francisbevan.com
WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR
RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED
BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM
OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US
TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES.
IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT
TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES
ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED
BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED
UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT
YOU PAID IF ANYTHING TO ACCESS OUR SITE.
If you use our site from locations outside of
Australia, you are responsible for compliance with any
applicable local laws.
These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of
New South Wales, Australia, as it is applied to agreements entered
into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated
or threatened to violate francisbevan.com and/or its
affiliates' intellectual property rights, francisbevan.com and/or
its affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of New South Wales,
Australia, and you
consent to exclusive jurisdiction and venue in such courts.
Termination of This Agreement
This agreement is
effective until terminated by either party. You may terminate this
agreement at any time, by destroying all materials obtained from
francisbevan.com Web site, along with all related
documentation and all copies and installations. francisbevan.com
may terminate this agreement at any time and without notice to
you, if, in its sole judgment, you breach any term or condition
of this
agreement. Upon termination, you must destroy all materials. In
addition, by providing material on our Web site, we do not in any
way promise that the materials will remain available to you.
And francisbevan.com is entitled to terminate all or any part of
any of its Web site without notice to you.
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