Terms of Service
Terms of Service for http://www.franklinexchange.com/
Introduction
Welcome to Franklin Exchange
This website is owned and operated by Franklin Exchange Pty. Ltd.
By visiting our website and accessing the information, resources,
services, products, and tools we provide, you understand and agree to
accept and adhere to the following terms and conditions as stated in
this policy (hereafter referred to as ‘User Agreement’), along with the
terms and conditions as stated in our Privacy Policy (please refer to
the Privacy Policy section below for more information).
This agreement is in effect as of Friday, 17 October 2014.
We reserve the right to change this User Agreement from time to time
without notice. You acknowledge and agree that it is your
responsibility to review this User Agreement periodically to
familiarize yourself with any modifications. Your continued use of this
site after such modifications will constitute acknowledgement and
agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources,
services, products, and tools we provide for you, either directly or
indirectly (hereafter referred to as ‘Resources’), you agree to use
these Resources only for the purposes intended as permitted by (a) the
terms of this User Agreement, and (b) applicable laws, regulations and
generally accepted online practices or guidelines.
Wherein, you understand that:
a.
In order to access our Resources, you may be required to provide
certain information about yourself (such as identification, contact
details, etc.) as part of the registration process, or as part of your
ability to use the Resources. You agree that any information you
provide will always be accurate, correct, and up to date.
b.
You are responsible for maintaining the confidentiality of any login
information associated with any account you use to access our
Resources. Accordingly, you are responsible for all activities that
occur under your account/s.
c.
Accessing (or attempting to access) any of our Resources by any means other than through the means
we provide, is strictly prohibited. You specifically agree not to
access (or attempt to access) any of our Resources through any
automated, unethical or unconventional means.
d.
Engaging in any activity that disrupts or interferes with our Resources, including the
servers and/or networks to which our Resources are located or
connected, is strictly prohibited.
e.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f.
You are solely responsible any consequences, losses, or damages that we
may directly or indirectly incur or suffer due to any unauthorised
activities conducted by you, as explained above, and may incur criminal
or civil liability.
g.
We may provide various open communication
tools on our website, such as blog comments, blog posts, public chat,
forums, message boards, newsgroups, product ratings and reviews,
various social media services, etc. You understand that generally we do
not pre-screen or monitor the content posted by users of these various
communication tools, which means that if you choose to use these tools
to submit any type of content to our website, then it is your personal
responsibility to use these tools in a responsible and ethical manner.
By posting information or otherwise using any open communication tools
as mentioned, you agree that you will not upload, post, share, or
otherwise distribute any content that:
i.
Is illegal,
threatening, defamatory, abusive, harassing, degrading, intimidating,
fraudulent, deceptive, invasive, racist, or contains any type of
suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any http://www.franklinexchange.com/ employees or representatives.
We have the right at our sole discretion to remove any content that, we
feel in our judgment does not comply with this User Agreement, along
with any content that we feel is otherwise offensive, harmful,
objectionable, inaccurate, or violates any 3rd party copyrights or
trademarks. We are not responsible for any delay or failure in removing
such content. If you post content that we choose to remove, you hereby
consent to such removal, and consent to waive any claim against us.
h.
We do not assume any liability for any content posted by you or any
other 3rd party users of our website. However, any content posted by
you using any open communication tools on our website, provided that it
doesn’t violate or infringe on any 3rd party copyrights or trademarks,
becomes the property of http://www.franklinexchange.com/, and as such, gives us a perpetual,
irrevocable, worldwide, royalty-free, exclusive license to reproduce,
modify, adapt, translate, publish, publicly display and/or distribute
as we see fit. This only refers and applies to content posted via open
communication tools as described, and does not refer to information
that is provided as part of the registration process, necessary in
order to use our Resources. All information provided as part of our
registration process is covered by our privacy policy.
i.
You agree to indemnify and hold harmless http://www.franklinexchange.com/ and its parent company
and affiliates, and their directors, officers, managers, employees,
donors, agents, and licensor’s, from and against all losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting from
any violation of this User Agreement or the failure to fulfil any
obligations relating to your account incurred by you or any other
person using your account. We reserve the right to take over the
exclusive defence of any claim for which we are entitled to
indemnification under this User Agreement. In such event, you shall
provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we’ve created a separate
Privacy Policy in order to explain in detail how we collect, manage,
process, secure, and store your private information. Our privacy policy
is included under the scope of this User Agreement.
Limitation of Warranties
By using our website, you understand and agree that all Resources we
provide are “as is” and “as available”. This means that we do not
represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our
Resources is done at your own discretion and risk, and that you are
solely responsible for any damage to your computer or other devices for
any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written,
obtained by you from http://www.franklinexchange.com/ or through any Resources we provide
shall create any warranty, guarantee, or conditions of any kind, except
for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you
expressly understand and agree that any claim against us shall be
limited to the amount you paid, if any, for use of products and/or
services. http://www.franklinexchange.com/ will not be liable for any direct, indirect,
incidental, consequential or exemplary loss or damages which may be
incurred by you as a result of using our Resources, or as a result of
any changes, data loss or corruption, cancellation, loss of access, or
downtime to the full extent that applicable limitation of liability
laws apply.
Copyrights/Trademarks
All content and materials available on http://www.franklinexchange.com/, including but not
limited to text, graphics, website name, code, images and logos are the
intellectual property of http://www.franklinexchange.com/, and are protected by applicable
copyright and trademark law. Any inappropriate use, including but not
limited to the reproduction, distribution, display or transmission of
any content on this site is strictly prohibited, unless specifically
authorized by http://www.franklinexchange.com/
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your
access to all or part of our website and Resources with or without
notice and for any reason, including, without limitation, breach of
this User Agreement. Any suspected illegal, fraudulent or abusive
activity may be grounds for terminating your relationship and may be
referred to appropriate law enforcement authorities. Upon suspension or
termination, your right to use the Resources we provide will
immediately cease, and we reserve the right to remove or delete any
information that you may have on file with us, including any account or
login information.
Governing Law
This website is controlled by http://www.franklinexchange.com/. It can be accessed by most
countries around the world. By accessing our website, you agree that
the statutes and laws of our state, without regard to the conflict of
laws and the United Nations Convention on the International Sales of
Goods, will apply to all matters relating to the use of this website
and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the
federal or state courts You hereby agree to personal jurisdiction by
such courts, and waive any jurisdictional, venue, or inconvenient forum
objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, http://www.franklinexchange.com/ EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
info@franklinexchange.com