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Terms and Conditions Our terms and conditions of service are not negotiable please read very carefully.
OUR TERMS AND CONDITIONS OF SERVICE Welcome to France1st.com, a web site operated by CastleKnight, a sole proprietorship with offices located at Arcadie, 173 Chemin des Hermes, 34700, YOUR ACCOUNT & PASSWORD. If you register an account, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. A user name and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to change your password promptly and notify us if you believe your account is being accessed by others. Each user must register separately. You may not loan your user name and password to others. USING OUR CONTENT & SITE. Our Proprietary Rights. Our Site may contain an assortment of information, data, software, images, video clips, music, links, logos and other material ("Content") that are the copyright, trademark or other intellectual property of the owners of this Site or third party suppliers. The Content in this Site is copyrighted individually and as a collective work. All rights are reserved. The name "France1st.com" and other names appearing herein are the trademarks or registered trademarks of the Site or the respective third party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive. Displaying Our Emblem. Registered members in good standing are granted the nonexclusive, worldwide right and license to publicly display our Emblem on their registered web site. The Emblem may not be altered or merged with other emblems or trademarks. If we issue a new version of the Emblem, you should replace the old one as soon as practicable. If your membership is suspended or terminated, you will promptly remove the Emblem and stop using it. Linking to Our Site. You may not display our Content within a frame or border, or "deep link" or harvest Content from below our top-most URL. You will remove any such link to our Site that we find objectionable promptly upon request. Our Downloadable Software & Digital Products. Our Site offers users the ability to download software and other digital products. Your use of any such products and related documentation, if any, that you download from the Site will be governed by any end-user license agreement (EULA) accompanying such materials. In the absence of any such EULA, then upon payment of any applicable fees, you are granted a personal, revocable, non-transferable license to install and use the products on a single computer in support of your own personal or internal business processes; provided, however, that any products designated in the documentation as a "web site component" may be incorporated as an integral feature of your web site and made available online (so long as no separate charge is made for use of such component). You may not otherwise transmit, distribute or otherwise make the Software available to others. As part of the download process, we may interrogate your computer solely to determine the products and versions already installed and for no other purpose. Except as stated in an EULA, Software is provided "AS-IS" and "AS AVAILABLE". Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Site are copyrighted by the Site, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Site and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Site. You may not reverse engineer our Site or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief. Our Online Product Catalog. Our online catalog offers information about tangible and/or digital products available for sale or license. All product information, descriptions and prices contained in our online catalog are provided in good faith but "AS-IS" and "AS-AVAILABLE." All orders are subject to our approval and acceptable payment methods or terms. Unless otherwise agreed, prices are payable in Euros "€" by major credit card or certified check. Prices and availability of items are subject to change without notice. Prices published in the online catalog may differ from manufacturer list prices and prices or special offers published through other channels. Unless otherwise noted, any price "savings" refer to discounts from list price. We may limit sales to resellers or other middlemen. Stocking levels and shipping times for packaged goods are estimates and are subject to contingencies that may be beyond our control. Prices do not include shipping, taxes or insurance. Products are generally sold on a no-return basis (exceptions must be specifically authorized by management and, in the case of software or other digital products, we may require you to sign a certification that all copies have been destroyed. Shipping, handling and insurance are not refundable). YOUR CONTENT & SUBMISSIONS. Your Personal Web Space. Our Site allows registered users to create personal web space and to upload and manage content within that space ("Personal Space"). Personal space is for personal and family use. The amount of storage space for Personal Space is limited. Please view the applicable FAQs or instructions to determine storage limitations. Personal Space may be used to carry on a business or commercial enterprise for profit. You may not create any password-protected areas on your Personal Page. Your Hosted Web Content. Our Site allows registered users to create web content hosted by our Site and to upload and remotely manage their own content and communications ("Hosted Content"). The amount of storage space for Hosted Content is limited. Please view the applicable FAQs or instructions to determine storage limitations. Registered operators may transact business on their Hosted Content. Any supplemental business services provided by us or by third party suppliers to Hosted Content (e.g., order fulfillment or payment processing services) may be governed by supplemental terms, conditions and fees. Your Virtual Storage Locker. Our Site allows registered users to upload, store and retrieve files in private areas of our system ("Storage Lockers"). The amount of space available for Storage Lockers is limited. Please view the applicable FAQs or instructions to determine space limitations. If you register for a Storage Locker, you may access and upload your files into the Storage Locker, manage your files and download them later. You may use legally permissible utilities to encrypt files before uploading them to your Storage Locker. Data Management & Disclosure. We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Site at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Site. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Site, (c) to enforce this Agreement, or (d) to protect the interests of any other user. Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Site. You will not use the Site to violate any applicable law, including APPLICABLE CHARGES & PAYMENT. Some features of our Site may require the payment of a subscription-based fee, membership fee or other charge. For subscription-based/membership features, you agree not to allow your account to be used by other persons, including co-workers, you agree that due to the nature of the electronic content we will not refund any subscription or membership even if an error has been made. We require timely payment of all published fees and charges. If you fail to pay applicable fees or charges when due, we may suspend or terminate your account and access to services or features. Unless otherwise agreed in writing, all charges are payable in Euros in advance by major credit card, cashier's check or money order. Late payments are subject to costs of collection (including reasonable legal fees) and shall bear interest at a rate equal to the lesser of one (1) percent per month or the highest rate permitted by law. THIRD PARTY LINKS AND ADVERTISERS. Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Site or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a republisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS. SYSTEM SECURITY. We offer secure web pages to collect certain kinds of information from users and we store certain kinds of sensitive information in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Site reduce the likelihood of security problems to a level appropriate to the type of data involved. OUR PRIVACY POLICY. Our Privacy Policy for this Site is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on our Site) may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details. WARRANTIES & LIABILITIES. Warranty Disclaimer. THIS SITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SITE. THE SITE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES. Limitation of Liability. YOU AGREE THIS SITE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SITE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS. Indemnification. You agree to defend, indemnify and hold harmless the Site and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Site, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement. Limitation of Remedies. You agree that if the Site breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Site. This applies regardless of whether the remedy fails of its essential purpose. Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS. FORCE MAJEURE. The Site is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement. NO OUTSIDE CONTACTS. Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Site operates solely in the INJUNCTIVE RELIEF. If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE EUROPEAN TECHNOLOGY & DATA TRANSFER. Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by domestic and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Site that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement. European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Site is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Site. RELATIONSHIP OF PARTIES. There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Site is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information. RIGHT TO RELY ON INSTRUCTIONS. The Site may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Site's automated criteria or which is believed by the Site's personnel to be genuine. For any password protected areas, the Site may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Site may assume the latest email addresses and registration information on file with the Site are accurate and current. When programmed to do so, the Site may take prescribed actions in the absence of receiving proper and complete contrary instructions. CHANGES TO SITE. We reserve the right to modify, change or discontinue the Site or any feature at any time without notice. You agree that the Site is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Site can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions. TERMINATION. Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Site, or any feature of this Site, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control. NOTICE TO Under California Civil Code Section 1789.3, Pricing Information: Current rates for using the Site may be obtained by calling 0871 871 4655. The Site reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement. Complaints: In the forst instance you can address your complaint to use directly via email to complaints@castleknight.net if you are still not satisfied that the matter has not been resolved we are more than happy for you to consult this website http://www.consumerdirect.gov.uk/ MISCELLANEOUS. This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Site. Your continued use of this Site after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect. NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES. If you believe content on our Site infringes your copyrighted work and you want the Site to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail or fax it to our Registered Agent (do not use this procedure for any other kind of communication): Mail or Fax it to us: Anthony Hinsley CastleKnight Arcadie, 173 Chemin des Hermes, 34700, Soubes, Fax it to: 0033467447771 Notice of Copyright Infringement I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work has been used on your Site without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material. Name of Copyright Owner: Description of Copyrighted Work: Description of Infringing Material: Location of Infringing Material: I can be contacted as follows: My Name: My Title: Company: Address: Address: Telephone: Fax: Email: I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief. Signed: Date: (end of document) |
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