Agreement.
Please read these Terms of Use (“
TOU”) carefully before registering with or using GFSS.uk.com (referred to herein as the “
Site”). These TOU are a binding agreement between all Site users (“
You”) and Real Foundation Inc. (“GFSS”). By using this Site, You agree to be bound by these TOU. If You do not agree to be bound by these TOU, You may not access or use the Site. Your use of the Site will be subject to the most current version of these TOU at the time of such use
Exclusive to the Site.
These TOU apply only to the Site. The Site is comprised of various Web pages accessible through Site servers. Some third party affiliated Web sites are linked to or embedded in the Site (“
Linked Sites”). These Linked Sites have their own TOU, which GFSS does not control, and thus are not addressed by these TOU. GFSS cannot guarantee and assumes no responsibility for Linked Sites. Any link, frame or any other means to access any Linked Site provided by the Site or otherwise on a GFSS website does not constitute GFSS's endorsement, recommendation or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
Linked Sites
GFSS HAS NO CONTROL OVER LINKED SITES OR THE CONTENT OR SERVICES WITHIN THEM. GFSS CANNOT AND DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE LINKED SITES, INCLUDING, WITHOUT LIMITATION OTHER LINKS, IS ACCURATE, LEGAL AND/OR INOFFENSIVE. GFSS HAS NO LIABILITY FOR LINKED SITES FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN LINKED SITES. GFSS DOES NOT REPRESENT OR WARRANT THAT A LINKED SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. GFSS DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO LINKED SITES. If You have a specific dispute or concern related to the content, product or services that needs to be addressed by a Linked Site, You should contact the Linked Site and not GFSS
Opinions.
Articles, alerts, recommendations and other information provided on the Site may contain the opinion of the author. Such opinions are not factual in nature and may be incorrect. GFSS is not liable for such opinion or your use of such information.
User Provided Information.
You agree not to falsify, misstate, exaggerate or misrepresent any data or information (“
Information”) that You provide to GFSS by submitting Information through the Site. You further agree that all Information submitted through the Site by You becomes the property of GFSS, and, subject to the terms of these TOU, You acknowledge that GFSS may use and disclose all Information in any manner. You represent and warrant that You have ownership or authority to submit all Information submitted to the Site including all text, sound, images or other material. Information is submitted if it is provided by You to GFSS through the Site via email or any other electronic mechanism to GFSS. You agree that GFSS is not responsible for any Information on the Site and that GFSS assumes no liability for the accuracy or completeness of such Information from You or third parties, even if reposted by GFSS.
Acceptable Use.
You may not use the Site for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is used or accessed, You agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the Site. Examples of prohibited uses include, without limitation: (a) violation of any party’s proprietary, publicity, privacy or other right; (b) disclosure of a party’s confidential or proprietary information without proper authorization; (c) downloading or otherwise exporting programs or content from the site in violation of United States export laws and intellectual property laws; and (d) transmission, storage or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous or offensive activity. In addition, You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (collectively, “
Interfere”) with the operation of the Site or related information systems. If You in any way Interfere with the Site's operation, You agree to pay all damages incurred by GFSS or its licensors or providers, including any consequential damages, that result from the Interference. Your Inteference with the Site is a material breach of these TOU and relieves GFSS of any of its contractual or other legal obligations to You, including GFSS's obligations (including its confidentiality obligations) under these TOU. GFSS will cooperate with the authorities in prosecuting anyone who Interferes with the Site or attempts to defraud any person through the utilization of the Site or the Information obtained from the Site or its related services. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE'S PRIVACY OR SECURITY MEASURES.
Employee Use.
If You are a GFSS employee, any violations of these TOU may lead to termination of your employment. Every employee's use of the Site is subject to GFSS's human resources and other corporate policies and procedures.
Member Account Confidentiality and Restricted Access.
No person other than You should access the Site using Your username and password. You are responsible for maintaining the confidentiality of Your username and password and are fully responsible for all activities that occur under Your username and password. You agree to (i) exit from your account at the end of each session and (ii) immediately notify GFSS of any unauthorized use of Your username and password or any other breach of security. GFSS will not be liable for any loss or damage arising from Your failure to comply with this section. Access to and use of password protected and/or secure areas of the Site is restricted to authorized individuals only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Down Time.
GFSS takes commercially reasonable measures so that the Site is available without interruption, except for any scheduled downtime needed to help maintain effective operation of the Site. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will GFSS be liable to any party for any loss, cost or damage that results from any period of down time suffered by the Site.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE IS PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. GFSS DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. GFSS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
Not Directed to Children.
This Site is intended for users over eighteen (18) years old, and GFSS prohibits persons under eighteen (18) years of age from utilizing this Site. Therefore, GFSS does not knowingly collect or obtain any Information (including personally identifiable information) from children under age eighteen (18). If You are under age eighteen (18), You should not use this Site. If GFSS learns that a person under age eighteen (18) has registered to use the Site, GFSS will immediately terminate the account and delete any and all Information collected from that individual.
Limitation of Liability.
YOUR USE OF THE SITE AND THE INFORMATION THEREON, INCLUDING BUT NOT LIMITED TO STATEMENTS OF OPINION THAT MAY NOT BE FACTUAL, IS ENTIRELY AT YOUR RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. GFSS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION. GFSS WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF, OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, OR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF GFSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST GFSS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some states do not allow the foregoing limitations of liability, so they may not apply to You.
Intellectual Property Rights.GFSS, its licensors or suppliers retain all intellectual property rights with respect to the Site. All Site content included or available on the Site, including trade names or marks, service names or marks, text, graphics, interfaces, code, databases, names, software, music, videos, sound, pictures, compilations, page layout, design, processes, procedures, digital conversion or other material or technology related to the Site (collectively the “Content”) and the selection and arrangement thereof, are the sole and exclusive property of GFSS or its licensors. The Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No one may copy, reproduce or distribute in any way, or decompile, reverse engineer or disassemble the Content in violation of these TOU.
You may view, copy, print and distribute the Content provided that: (i) You maintain GFSS's copyright symbol on all such copies in any form or medium, (ii) the Content is used for information purposes only and (iii) the Content is used for non-commercial purposes only within Your organization and not sold or distributed to third parties.
Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of GFSS or any third party.
THE CONTENT ON THE SITE IS THE PROPRIETARY PROPERTY OF GFSS AND/OR ITS SUPPLIERS AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, MODIFY, EXTRACT DATA FROM OR OTHERWISE COMMERCIALLY EXPLOIT ANY CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING, OR LINK INTO ANY OF THE WEB PAGES CONTAINED IN THE SITE. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THESE TOU.
All contents of the site are: Copyright © 2005 Real Foundation Inc. or its licensors. All rights reserved.
GFSS respects the intellectual property of others, and we ask You to do the same. If You believe some Content on the Site has been copied in such as way to constitute copyright infringement, please contact GFSS
Trademarks.GFSS's trade name and the GFSS logo, are trademarks of Real Foundation Inc. GFSS’s logos and trademarks that appear throughout the Site belong to GFSS, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without GFSS’s express prior written permission, You agree not to display or use in any manner the GFSS trademarks. Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of GFSS, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Sites may be the trademarks of their respective owners.
Remedies and Corrective Action.GFSS reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of these TOU and expressly reserves all rights and remedies available to GFSS at law or in equity. GFSS reserves the right to refuse any or all service to You or any other user for any reason, at any time, at GFSS's sole discretion.
Governing Law.These TOU shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of Texas, USA, without giving effect to its conflict of law provisions or Your actual state of residence. You hereby agree that the courts located in Dallas County, State of Texas, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with these TOU, and You hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
Severability and Waiver.If any provision of these TOU is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. GFSS’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
Indemnification.You acknowledge that GFSS does not endorse, or act in a representative capacity and is not responsible or liable for or on behalf of You, any Linked Site, other Site user or other third party. To the maximum extent allowed by applicable law, You agree to defend, indemnify and hold harmless GFSS, its affiliates and licensors, from and against all suits, proceedings, losses, liabilities and expenses, including without limitation, attorneys’ fees, whether in tort, contract or otherwise, which arise out of or relate to Your breach of any term, acknowledgement or warranty in these TOU or any activity by You in relation to the Site.
Entire Agreement. These TOU constitute the entire and final agreement between You and GFSS with respect to the Site and Information and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.
Changes to TOU.GFSS may change these TOU from time to time. By continuing to use the Site after any such changes are posted, You accept these TOU, as modified. You can always find the current version of these TOU by checking www.GFSS.uk.com/tou.htm or www.GFSS.net/tou.htm.
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