freenetlaw.com
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This document was created using a
Contractology template available at http://www.freenetlaw.com.
Introduction
These terms and conditions govern
your use of this website; by using this website, you accept these terms
and conditions in full. If
you disagree with these terms and conditions or any part of these terms
and conditions, you must not use this website.
You must be at least [18] years
of age to use this website. By
using this website [and by agreeing to these terms and conditions] you
warrant and represent that you are at least [18] years of age.
License to use website
Unless otherwise stated, DEB'S WEBSITES and/or
its licensors own the intellectual property rights in the website and
material on the website. Subject
to the license below, all these intellectual property rights are
reserved.
You may view, download for
caching purposes only, and print pages [or OTHER CONTENT] from the
website for your own personal use, subject to the restrictions set out
below and elsewhere in these terms and conditions.
You must not:
· republish material from this
website (including republication on another website);
· sell, rent or sub-license
material from the website;
· show any material from the
website in public;
· reproduce, duplicate, copy or
otherwise exploit material on this website for a commercial purpose;
· edit or otherwise modify any
material on the website; or
· redistribute material from this
website [except for content specifically and expressly made available
for redistribution].
Where content is specifically
made available for redistribution, it may only be redistributed within DEB'S WEBSITES.
Acceptable use
You must not use this website in
any way that causes, or may cause, damage to the website or impairment
of the availability or accessibility of the website; or in any way
which is unlawful, illegal, fraudulent or harmful, or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to
copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, rootkit or other malicious
computer software.
You must not conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting)
on or in relation to this website without DEB'S WEBSITES express
written consent.
You must not use this website to
transmit or send unsolicited commercial communications.
You must not use this website for
any purposes related to marketing without DEB'S WEBSITES express
written consent.
Restricted access
Access to certain areas of this
website is restricted. DEB'S WEBSITES reserves
the right to restrict access to [other] areas of this website, or
indeed this entire website, at DEB'S WEBSITES discretion.
If DEB'S WEBSITES provides
you with a user ID and password to enable you to access restricted
areas of this website or other content or services, you must ensure
that the user ID and password are kept confidential.
DEB'S WEBSITES may
disable your user ID and password in DEB'S WEBSITES sole
discretion without notice or explanation.
User content
In these terms and conditions,
“your user content” means material (including without limitation text,
images, audio material, video material and audio-visual material) that
you submit to this website, for whatever purpose.
You grant to DEB'S WEBSITES a
worldwide, irrevocable, non-exclusive, royalty-free license to use,
reproduce, adapt, publish, translate and distribute your user content
in any existing or future media. You
also grant to DEB'S WEBSITES the
right to sub-license these rights, and the right to bring an action for
infringement of these rights.
Your user content must not be
illegal or unlawful, must not infringe any third party's legal rights,
and must not be capable of giving rise to legal action whether against
you or DEB'S WEBSITES or
a third party (in each case under any applicable law).
You must not submit any user
content to the website that is or has ever been the subject of any
threatened or actual legal proceedings or other similar complaint.
DEB'S WEBSITES reserves
the right to edit or remove any material submitted to this website, or
stored on DEB'S WEBSITES servers,
or hosted or published upon this website.
Notwithstanding DEB'S WEBSITES' rights
under these terms and conditions in relation to user content, DEB'S WEBSITES does
not undertake to monitor the submission of such content to, or the
publication of such content on, this website.
No warranties
This website is provided “as is”
without any representations or warranties, express or implied. DEB'S WEBSITES makes
no representations or warranties in relation to this website or the
information and materials provided on this website.
Without prejudice to the
generality of the foregoing paragraph, DEB'S WEBSITES does
not warrant that:
l this website will be constantly
available, or available at all; or
l the information on this website
is complete, true, accurate or non-misleading.
Nothing on this website
constitutes, or is meant to constitute, advice of any kind. If
you require advice in relation to any [legal, financial or medical]
matter you should consult an appropriate professional.
Limitations of liability
DEB'S WEBSITES will
not be liable to you (whether under the law of contact, the law of
torts or otherwise) in relation to the contents of, or use of, or
otherwise in connection with, this website:
l [to the extent that the website
is provided free-of-charge, for any direct loss;]
l for any indirect, special or
consequential loss; or
l for any business losses, loss of
revenue, income, profits or anticipated savings, loss of contracts or
business relationships, loss of reputation or goodwill, or loss or
corruption of information or data.
These limitations of liability
apply even if DEB'S WEBSITES has
been expressly advised of the potential loss.
Exceptions
Nothing in this website
disclaimer will exclude or limit any warranty implied by law that it
would be unlawful to exclude or limit; and nothing in this website
disclaimer will exclude or limit DEB'S WEBSITES liability in
respect of any:
l death or personal injury caused by DEB'S WEBSITES' negligence;
l fraud or fraudulent
misrepresentation on the part of DEB'S WEBSITES;
or
l matter which it would be illegal
or unlawful for DEB'S WEBSITES to
exclude or limit, or to attempt or purport to exclude or limit, its
liability.
Reasonableness
By using this website, you agree
that the exclusions and limitations of liability set out in this
website disclaimer are reasonable.
If you do not think they are
reasonable, you must not use this website.
Other parties
You accept that, as a limited
liability entity, DEB'S WEBSITES has
an interest in limiting the personal liability of its officers and
employees. You agree that you will
not bring any claim personally against DEB'S WEBSITES officers
or employees in respect of any losses you suffer in connection with the
website.
Without prejudice to the
foregoing paragraph, you agree that the limitations of warranties and
liability set out in this website disclaimer will protect DEB'S WEBSITES' officers,
employees, agents, subsidiaries, successors, assigns and
sub-contractors as well as DEB'S WEBSITES.
Unenforceable provisions
If any provision of this website
disclaimer is, or is found to be, unenforceable under applicable law,
that will not affect the enforceability of the other provisions of this
website disclaimer.
Indemnity
You hereby indemnify DEB'S WEBSITES and
undertake to keep DEB'S WEBSITES indemnified
against any losses, damages, costs, liabilities and expenses (including
without limitation legal expenses and any amounts paid by DEB'S WEBSITES to
a third party in settlement of a claim or dispute on the advice of DEB'S WEBSITES legal
advisers) incurred or suffered by DEB'S WEBSITES arising
out of any breach by you of any provision of these terms and
conditions, or arising out of any claim that you have breached any
provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to DEB'S WEBSITES other
rights under these terms and conditions, if you breach these terms and
conditions in any way, DEB'S WEBSITES may
take such action as DEB'S WEBSITES deems
appropriate to deal with the breach, including suspending your access
to the website, prohibiting you from accessing the website, blocking
computers using your IP address from accessing the website, contacting
your internet service provider to request that they block your access
to the website and/or bringing court proceedings against you.
Variation
DEB'S WEBSITES may
revise these terms and conditions from time-to-time. Revised
terms and conditions will apply to the use of this website from the
date of the publication of the revised terms and conditions on this
website. Please check this page
regularly to ensure you are familiar with the current version.
Assignment
DEB'S WEBSITES may
transfer, sub-contract or otherwise deal with DEB'S WEBSITES' rights
and/or obligations under these terms and conditions without notifying
you or obtaining your consent.
You may not transfer,
sub-contract or otherwise deal with your rights and/or obligations
under these terms and conditions.
Severability
If a provision of these terms and
conditions is determined by any court or other competent authority to
be unlawful and/or unenforceable, the other provisions will continue in
effect. If any unlawful and/or
unenforceable provision would be lawful or enforceable if part of it
were deleted, that part will be deemed to be deleted, and the rest of
the provision will continue in effect.
Entire agreement
These terms and conditions,
together with all other disclaimers, constitute the entire agreement
between you and DEB'S WEBSITES in
relation to your use of this website, and supersede all previous
agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will
be governed by and construed in accordance with [MISSISSIPPI LAW], and
any disputes relating to these terms and conditions will be subject to
the [non-]exclusive jurisdiction of the courts of [HARRISON COUNTY].
