USE OF Frenchie Lyon WEBSITES
Except as set forth in “Other agreements; software, services or access”, below, Frenchie Lyon authorizes you to use the Frenchie Lyon Websites only for your own personal, non-commercial purposes. Use of the Frenchie Lyon Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the materials, you must retain on any such copies all copyright and other proprietary notices contained in the original materials. You may not modify, publicly display, publicly perform or distribute the materials. As between you and Frenchie Lyon, Frenchie Lyon owns the Frenchie Lyon Websites. The Frenchie Lyon Websites are protected under South African and international copyright laws. Any unauthorized use of the Frenchie Lyon Websites may violate copyright, trademark and other laws. If you breach any of these Terms, your authorisation to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Frenchie Lyon Websites and for paying all charges related thereto. When you register to open an account anywhere on the Frenchie Lyon Websites or when you contact Frenchie Lyon through the Frenchie Lyon Websites for the purpose of receiving products or services, Frenchie Lyon may collect certain personal information about you. Frenchie Lyon’s use of such information is governed by the provisions of the Frenchie Lyon Online Privacy Statement for the Site. By using our Site, you consent to such processing and you warrant that all data provided by you is true, accurate, current and complete information (and, for as long as you continue to use your Frenchie Lyon Websites account, you agree to update such information and to keep it true, accurate, current and complete). You are responsible for maintaining the confidentiality of your Frenchie Lyon Websites password and you are solely responsible for all activities that occur under your password. You agree to notify Frenchie Lyon immediately of any unauthorised use of your password or any other breach of security related to the Frenchie Lyon Websites.
You agree not to use the Frenchie Lyon Websites (including, without limitation, any Materials or Services you may obtain through your use of the Frenchie Lyon Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Frenchie Lyon Websites or servers or networks connected to the Frenchie Lyon Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Frenchie Lyon Websites; or (y) attempt to gain unauthorised access to any portion of the Frenchie Lyon Websites or any other accounts, computer systems, or networks connected to the Frenchie Lyon Websites, whether through hacking, password mining, or any other means and as further detailed below. Viruses, Hacking and other offences: You must not misuse the Frenchie Lyon Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Frenchie Lyon Websites, the server on which the Frenchie Lyon Websites are stored or any server, computer or database connected to the Frenchie Lyon Websites. You must not attack the Frenchie Lyon Websites via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Frenchie Lyon Websites will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Frenchie Lyon Websites or to your downloading of any Materials posted on it, or on any website linked to it.
The Frenchie Lyon websites are provided “as is” and “with all faults” and the entire risk as to the quality and performance of the Frenchie Lyon websites is with you. Should the materials or services prove defective, you, and not Frenchie Lyon, assume the entire cost of all necessary servicing and repair. Frenchie Lyon expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the Frenchie Lyon websites (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Frenchie Lyon makes no warranty that the Frenchie Lyon websites will meet your requirements or that the Frenchie Lyon websites will be uninterrupted, timely, secure, or error free or that defects in the Frenchie Lyon websites will be corrected. Frenchie Lyon makes no warranty as to the results that may be obtained from the use of the Frenchie Lyon websites or as to the accuracy or reliability of any information obtained through the Frenchie Lyon websites. No advice or information, whether oral or written, obtained by you through the Frenchie Lyon websites or from Frenchie Lyon, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “the Frenchie Lyon parties”) shall create any warranty. Frenchie Lyon disclaims all equitable indemnities.
LIMITATION OF LIABILITY
In no event will any of the Frenchie Lyon parties be liable for (a) indirect, special, consequential, punitive, or exemplary damages whatsoever or howsoever caused or (b) any direct damages whatsoever in excess of one hundred south african (zar100.00) rands (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, loss or corruption of data or other intangible losses), directly arising out of or in connection with the Frenchie Lyon websites (including, without limitation, use, inability to use, or the results of use of the Frenchie Lyon websites), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any Frenchie Lyon party has been advised (or should have known) of the possibility of such damages.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Frenchie Lyon Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Frenchie Lyon Party’s liability shall be the minimum permitted under such applicable law.
OTHER AGREEMENTS: SOFTWARE, SERVICES OR ACCESS
Frenchie Lyon may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation or training) or access to Frenchie Lyon Websites under the terms of a separate agreement between you and Frenchie Lyon (each, an “Other Agreement”). Frenchie Lyon ‘s obligations with respect to any product, service or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the Frenchie Lyon Websites (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
MODIFICATIONS TO Frenchie Lyon WEBSITES
Frenchie Lyon reserves the right to modify, suspend or discontinue the Frenchie Lyon Websites at any time without notice to you. For example, Frenchie Lyon may make changes to the Materials and/or Services or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Frenchie Lyon makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs or services that are not available in your country. Consult your local Frenchie Lyon business contact for information regarding the products, programs and services that may be available to you.
Certain areas of the Frenchie Lyon Websites (e.g.: chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant Frenchie Lyon an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Frenchie Lyon deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Frenchie Lyon reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Frenchie Lyon may, but is not obligated to, pre-screen User Submissions or monitor any area of the Frenchie Lyon Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Frenchie Lyon is not required to host, display, or distribute any User Submissions on or through the Frenchie Lyon Websites and may remove at any time or refuse any User Submissions for any reason. Frenchie Lyon is not responsible for any loss, theft, or damage of any kind to any User Submissions. Frenchie Lyon does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Frenchie Lyon will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Frenchie Lyon does not guarantee that you will have any recourse through Frenchie Lyon or any third party to edit or delete any User Submission you have submitted.
Except as set forth in “Other agreements; software, services or access”, below, Frenchie Lyon may terminate, suspend or modify your registration with, or access to, all or part of the Frenchie Lyon Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Frenchie Lyon Websites at any time. If you breach any of these Terms, your authorization to use the Frenchie Lyon Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).