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Terms of Use
- the legal stuff
Welcome to francelynx.com. francelynx.com supports freedom of speech, both
on and off the Internet. However, the goal of this web site is to provide
access to the widest selection of rental properties to the largest group
of people possible. To ensure a safe, nonoffensive environment for all
of our users, we have established our Terms of Use. It spells out what
you can expect from us and what we expect from you. By accessing any areas
of francelynx.com, users ("Users") agree to be legally bound
and to abide by the terms set forth below. francelynx.com is owned and
operated by francelynx.com . Any references herein to francelynx.com
shall be deemed to refer to francelynx.com and/or francelynx.com , as
applicable under the circumstances.
I. TRADEMARKS
francelynx.com are all service marks of francelynx.com or its affiliates.
All rights reserved. These and other francelynx.com graphics, logos and
service marks and trademarks of francelynx.com and its affiliates may not
be used without prior written consent of francelynx.com or its affiliates,
as the case may be. All other trademarks, product names, and company names
and logos appearing on francelynx.com are the property of their respective
owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of francelynx.com is at User's sole risk.
Neither francelynx.com, nor its affiliates, nor any of their officers,
directors, or employees, agents, third-party content providers, merchants,
sponsors, licensors (collectively, "Providers"), or the like,
warrant that francelynx.com will be uninterrupted or error-free; nor do
they make any warranty as to the results that may be obtained from the
use of francelynx.com, or as to the accuracy, reliability, or currency
of any information content, service, or merchandise provided through francelynx.com.
THIS SITE IS PROVIDED BY francelynx.com ON AN "AS IS"AND "AS
AVAILABLE" BASIS. francelynx.com MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, francelynx.com DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. francelynx.com
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE
AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN
BY francelynx.com NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR
SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall francelynx.com or any other party involved
in creating, producing, or distributing francelynx.com be liable for any
direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use francelynx.com, including but not limited
to reliance by a User on any information obtained from francelynx.com or
that result from mistakes, omissions, interruptions, deletion of files
or email, errors, defects, viruses, delays in operation or transmission,
or any failure of performance, whether or not resulting from acts of God,
communications failure, theft, destruction, or unauthorized access to
francelynx.com's records, programs, or services. User hereby acknowledges
that this paragraph shall apply to all content, merchandise, and services
available through francelynx.com. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages,
in such states liability is limited to the fullest extent permitted by
law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that francelynx.com contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other
material (collectively "Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies existing
now or hereinafter developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and francelynx.com owns a copyright
in the selection, coordination, arrangement, and enhancement of such Content.
User may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from,
or in any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, Users may make copies of select portions of
the Content, provided that the copies are made only for User's personal
use and that User maintains any notices contained in the Content, such
as all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the UK copyright laws. User may not upload,
post, reproduce, or distribute in any way Content protected by copyright,
or other proprietary right, without obtaining permission of the owner
of the copyright or other propriety right. In addition to the foregoing,
use of any software Content shall be governed by the software license
agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise
distribute on francelynx.com only Content that is not subject to any copyright
or other proprietary rights protection (collectively, "Public Content"),
or Content in which the author has given express authorization for distribution
on the World Wide Web. Any copyrighted or other proprietary Content distributed
with the consent of a copyright owner should contain a phrase such as
"Copyright, owned by [name of owner]; used by permission." The
unauthorized submission or distribution of copyrighted or other proprietary
Content is illegal and could subject the User to criminal prosecution
as well as personal liability for damages in a civil suit. User will be
liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such submission.
Neither francelynx.com, nor its affiliates, nor any of their officers,
directors, employees, agents, Providers, or the like, will be liable for
any damage resulting from any infringement of copyrights or proprietary
rights, or from any other harm arising from such User submission. In compliance
with the Digital Millennium Copyright Act, Users and other persons can
report an infringement corrections@francelynx.com to francelynx.com. By
submitting Content to any User-submit areas, including, without limitation,
any User reviews or participation in any forum, User automatically grants,
or warrants that the owner of such Content has expressly granted francelynx.com
the royalty-free, perpetual, irrevocable, nonexclusive right and license
to use, reproduce, publish, translate, sublicense, copy, and distribute
the Content in whole or in part worldwide and/or to incorporate it in
other works in any form, media, or technology now known or hereafter developed
for the full term of any copyright that may exist in such Content. User
also permits any other User to access, store, or reproduce the Content
for that User's personal use. Subject to this grant, the owner of Content
placed on francelynx.com retains any and all rights which may exist in
such Content.
c. THIRD-PARTY CONTENT
francelynx.com is a distributor and not a publisher of Content supplied
by third parties and Users. francelynx.com has no more editorial control
over such Content than does a public library or newsstand. Any opinions,
advice, statements, services, offers, or other information that constitutes
part of Content expressed or made available by third parties, including
Providers or any other User of francelynx.com, are those of the respective
authors or distributors and not of francelynx.com or its affiliates or
any of their officers, directors, employees, or agents. Neither francelynx.com
nor its affiliates, nor any of their officers, directors, employees, or
agents, nor any third party, including any Provider, or any other User
of francelynx.com, guarantees the accuracy, completeness, or usefulness
of any Content, nor its merchantability or fitness for any particular
purpose. In many instances, the Content available through francelynx.com
represents the opinions and judgments of the respective Provider, or User
not under contract with francelynx.com. francelynx.com neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice,
or statement made on francelynx.com by anyone other than authorized francelynx.com
employees. Under no circumstances shall francelynx.com, or its affiliates,
or any of their officers, directors, employees, or agents be liable for
any loss, damage or harm caused by a User's reliance on information obtained
through francelynx.com. It is the responsibility of User to evaluate the
information, opinion, advice, or other Content available through francelynx.com.
IV. ONLINE CONDUCT
User agrees to use francelynx.com only for lawful purposes. User is prohibited
from posting on or transmitting through francelynx.com any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that encourages
conduct that would constitute a criminal offence, give rise to civil liability,
or otherwise violate any applicable local, state, national, or international
law.
If francelynx.com is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by User (e.g., through an property
detial page or online review), francelynx.com may investigate the allegation
and determine in its sole discretion whether to remove or request the
removal of such Content from francelynx.com. francelynx.com may disclose
any Content or electronic communication of any kind (i) to satisfy any
law, regulation, or government request; (ii) if such disclosure is necessary
or appropriate to operate francelynx.com; or (iii) to protect the rights
or property of francelynx.com, its Users or Providers.
francelynx.com reserves the right to prohibit conduct, communication,
or Content that it deems in its sole discretion to be harmful to individual
Users, francelynx.com, the communities that make up francelynx.com, or any
rights of francelynx.com or any third party, or to violate any applicable
law. Notwithstanding the foregoing, neither francelynx.com nor its Providers
can ensure prompt removal of questionable Content after online posting.
Accordingly, neither francelynx.com, nor its affiliates, nor any of their
officers, directors, employees, or agents, nor Providers shall assume
liability for any action or inaction with respect to conduct, communication,
or Content on francelynx.com.
V. PRIVACY POLICY
In accordance with the terms of francelynx.com's Privacy
Policy, francelynx.com respects the privacy of its Users.
VI. TERMINATION OF USAGE
francelynx.com may terminate User's access, or suspend any User's access
to all or part of francelynx.com, without notice, for any conduct that
francelynx.com, in its sole discretion, believes is in violation of any
applicable law or is harmful to the interests of another User, a third-party
Provider, a service provider, or francelynx.com.
VII. USAGE BY CHILDREN UNDER 13
francelynx.com cannot prohibit minors from visiting this site. francelynx.com
must rely on parents, guardians and those responsible for supervising
children under 13 to decide which materials are appropriate for such children
to view and/or purchase (whether in our Kids! department or our other
departments).
francelynx.com requires that all purchases be made either (i) by individuals
18 years of age or older. EACH TIME YOU PURCHASE A PRODUCT AT francelynx.com,
YOU ARE REPRESENTING TO francelynx.com THAT YOU ARE AN INDIVIDUAL 18 YEARS
OF AGE OR OLDER.
VIII. APPLICABLE LAW
This site is created and controlled by francelynx.com in the United Kingdom.
As such, the laws of the England will govern these disclaimers, terms
and conditions, without giving effect to any principles of conflicts of
laws. francelynx.com reserves the right to make changes to its site and
these disclaimers, terms and conditions at any time. User hereby irrevocably
and unconditionally consents to submit to the exclusive jurisdiction of
the courts of the England for any litigation arising out of or relating
to use of or purchase made through francelynx.com (and agrees not to commence
any litigation relating thereto except in such courts), waives any objection
to the laying of venue of any such litigation in the English Courts and
agrees not to plead or claim in any other court that such litigation brought
therein has been brought in an inconvenient forum.
IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If
for any reason any provision of these Terms of Use shall be held invalid
or unenforceable in whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to the extent of such invalidity
or unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof in
any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents
referenced herein, represents the entire understanding between you and
francelynx.com regarding your relationship with francelynx.com and supersedes
any prior statements or representations. YOU AGREE TO BE BOUND BY THE
TERMS OF USE by using the francelynx.com web site. The aforementioned Terms
of Use are subject to change.
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