Terms and Conditions of FrancineMagazine.com

TERMS AND CONDITIONS OF FRANCINEMAGAZINE.COM

General Terms

The following terms and conditions apply to your use of FrancineMagazine.com ("this site", "we", "our", and "us"). The user ("you"and "your") is deemed to have agreed to these terms and conditions by your use of this site. We reserve the right to change these terms and conditions at any time. Any changes to the terms and conditions will be posted here. Your use of this site after changes have been made to the terms and conditions constitutes your agreement to follow and be bound by the terms and conditions as changed. If, at any time, you do not accept these terms and conditions, please do not use this site.

Copyrights and Trademarks

All content included on this site, such as text, graphics, logos, button icons, images, and animation, are the property of Pamela Branch and FrancineMagazine.com. Said content is protected by copyright and trademark laws. You may only use the materials on this site for personal noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the content of this site without express written permission. To obtain written permission, write to PBranch@FrancineMagazine.com.

You may download one copy of the material posted on this site onto a single computer. You may not change or delete any trademark, copyright notice or author attribution. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.

"FrancineMagazine.com", "Franosphere", "Franoscope", "Franometer" and "Franmail" are trademarks of FrancineMagazine.com and may not be used in connection with any product or service that is not FrancineMagazine.com's in any manner.

Links to other Websites

These terms and conditions apply only to FrancineMagazine.com. These terms and conditions do not apply to sites to which FrancineMagazine.com only links. We do not endorse or take responsibility or liability for the availability, quality, suitability, functionality, legality, actions, contents, advertising, products or other materials made available through any other site to which we may link. You hereby waive any claim you might have against this site with respect to such sites. You should carefully review the terms and conditions of other websites and direct any concerns to that site.

You are granted a limited, revocable, nonexclusive right to create a hyperlink to FrancineMagazine.com so long as the link does not portray FrancineMagazine.com in a false, misleading, derogatory, or otherwise offensive manner. You may not use any FrancineMagazine.com logo or other proprietary graphic or trademark as part of the link without express written permission. To obtain permission, send an email to PBranch@FrancineMagazine.com.

Submissions

FrancineMagazine.com accepts and welcomes comments and criticism about this site. We do not, however, accept and will not review or consider any unsolicited creative submissions. If you submit unsolicited creative submissions, the submission shall become our exclusive property. FrancineMagazine.com is and shall be under no obligation to maintain any submission in confidence, to pay to the user any compensation for any submission or to respond to any user submission.

Forums

A "forum" means any message board, chat room, user review forum or similar interactive service appearing on this site. Where required, you must register in accordance with instructions that you will find on the site in order to contribute to any forum.

You may not post on any forum any material that is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any forum on this site, except for material signed by an identified representative of FrancineMagazine.com and/or relevant affiliated companies. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

By posting on this site, you grant (or warrant that the owner of such rights has expressly granted) FrancineMagazine.com and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by FrancineMagazine.com will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for such use.

We may, at our discretion, terminate the registration of any forum user who violates any of the terms and conditions of use.

Disclaimers

THIS SITE IS PROVIDED BY FRANCINEMAGAZINE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRANCINEMAGAZINE.COM EXPRESSLY DISCLAIMS ALL ARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANDY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

FRANCINEMAGAZINE.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM FRANCINEMAGAZINE.COM ARE SECURE, TIMELY, FREE OF INTERRUPTIONS, VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE WILL NOT BE LIABLE FOR ANY DIRECT CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY, MALFUNCTION OF OR YOUR USE OF FRANCINEMAGAZINE.COM.

FRANCINEMAGAZINE.COM DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK ANDTHAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

FRANCINEMAGAZINE.COM IS NOT ENGAGED IN RENDRING LEGAL, MEDICAL, COUNSELLING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THIS SITE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE. FRANCINEMAGAZINE.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SITE. YOUR USE OF THIS SITE IS SOLEY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We do not endorse, warrant or guarantee any products or services offered or advertised on FrancineMagazine.com. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL FRANCINEMAGAZINE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON FRANCINEMAGAZINE.COM, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO FRANCINEMAGAZINE.COM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY FRANCINEMAGAZINE.COM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO FRANCINEMAGAZINE.COM, IF ANY, FOR ACCESSING THE FRANCINEMAGAZINE.COM SITE.

Indemnification

You agree to indemnify and hold harmless FrancineMagazine.com, its owner, affiliates, partners, employees and content providers from any claim or demand, including attorney's fee and court costs, made by any third party due to or arising from your use of this site, your violation of the terms and conditions or your violation of the rights of any other person or entity.

Privacy Policy

FrancineMagazine.com is committed to protecting the privacy of those who visit our site. Our privacy policy explains how we protect your personal information. Please review our privacy policy.

Applicable Law

These terms shall be governed by and construed in accordance with the laws of and in the courts of the State of New York, without regard to any principles of conflicts of law.

If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions.

(Last modified on January 4, 2002.)