freenetlaw.com
Credit
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, PERSONAL DEVELOPERS 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 PERSONAL DEVELOPERS.
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 PERSONAL DEVELOPERS' 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 PERSONAL DEVELOPERS' express written consent.
Restricted access
Access to certain areas of this website is restricted. PERSONAL DEVELOPERS reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at PERSONAL DEVELOPERS' discretion.
If PERSONAL DEVELOPERS 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.
PERSONAL DEVELOPERS may disable your user ID and password in PERSONAL DEVELOPERS' 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 PERSONAL DEVELOPERS 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 PERSONAL DEVELOPERS 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 PERSONAL DEVELOPERS 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.
PERSONAL DEVELOPERS reserves the right to edit or remove any material submitted to this website, or stored on PERSONAL DEVELOPERS servers, or hosted or published upon this website.
Notwithstanding PERSONAL DEVELOPERS' rights under these terms and conditions in relation to user content, PERSONAL DEVELOPERS 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. PERSONAL DEVELOPERS 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, PERSONAL DEVELOPERS 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
PERSONAL DEVELOPERS 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 PERSONAL DEVELOPERS 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 PERSONAL DEVELOPERS liability in respect of any:
l death or personal injury caused by PERSONAL DEVELOPERS' negligence;
l fraud or fraudulent misrepresentation on the part of PERSONAL DEVELOPERS; or
l matter which it would be illegal or unlawful for PERSONAL DEVELOPERS 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, PERSONAL DEVELOPERS has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against PERSONAL DEVELOPERS 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 PERSONAL DEVELOPERS' officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as PERSONAL DEVELOPERS.
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 PERSONAL DEVELOPERS and undertake to keep PERSONAL DEVELOPERS indemnified
against any losses, damages, costs, liabilities and expenses (including
without limitation legal expenses and any amounts paid by PERSONAL DEVELOPERS to a third party in settlement of a claim or dispute on the advice of PERSONAL DEVELOPERS legal advisers) incurred or suffered by PERSONAL DEVELOPERS 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 PERSONAL DEVELOPERS' other rights under these terms and conditions, if you breach these terms and conditions in any way, PERSONAL DEVELOPERS may take such action as PERSONAL DEVELOPERS 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
PERSONAL DEVELOPERS 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
PERSONAL DEVELOPERS may transfer, sub-contract or otherwise deal with PERSONAL DEVELOPERS 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 PERSONAL DEVELOPERS 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].
