FASTSIGNS INTERNATIONAL INC
Terms And Conditions Of Use Agreement ("Agreement")
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY AND PRINT A COPY FOR YOUR RECORDS.
These are the terms and conditions governing your use of www.fastsigns.co.uk
WELCOME to the FASTSIGNS® website available at and under www.fastsigns.co.uk ( "FASTSIGNS Site") developed, hosted, maintained and operated by FASTSIGNS International, Inc. ( “FII”) or our agents and sub-contractors.
This is a legal agreement between you ("you", "user", "your") and FII (collectively “we,” “us” or “our”).
"Client Materials" means any files, graphics, logos, designs or copy which you submit to any FASTSIGNS Centre specifically for the purposes of procuring a quote for or purchasing FASTSIGNS® signs, design services and/or related products or services.
"FASTSIGNS Centres" means franchisees of FII who use our proprietary methodologies and/or systems to operate their sign design and graphic sales business in connection with our Marks.
"Intellectual Property Rights" means any and all rights in patents, inventions, trade marks, service marks, copyright, design rights, database rights, know-how, trade secrets and other confidential information and all registrations or applications to register any of the aforesaid rights, rights in the nature of unfair competition rights and rights to sue for passing off, rights in the nature of any of the aforesaid items in any country or jurisdiction and any renewals, revivals or extensions of any of those rights.
"Marks" means the trade marks and service marks whether, registered or unregistered, owned by or licensed to us.
"Revised Terms" means updates, revisions, supplements, modifications and new or additional rules, policies, terms and conditions of this Agreement.
"Services" means your use of and access to the FASTSIGNS Site including the web pages, sub-pages, URLs, links, trade marks, Marks, trade names, trade dress, slogans, logos, copyright, information, data and any and all other content and services offered on the FASTSIGNS Site.
"Submissions" means any suggestions, ideas, opinions (including without limitation, reviews) or other information submitted or otherwise communicated by you to us through the FASTSIGNS Site.
This Agreement sets out the terms and conditions governing the Services.
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY IT. You are responsible for reviewing this Agreement each time you use or access the Services.
IF YOU DO NOT ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORISED TO USE OR ACCESS THE SERVICES.
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Privacy Policy. Our Privacy Policy is expressly incorporated, by this reference, into this Agreement. The terms governing our use of any information that you submit to us by means of the FASTSIGNS Site (including but not limited to requests for information on the products and services offered by a Franchise Centre) are set out in the Privacy Policy. The terms governing our use of any information that you submit to us by means of any FASTSIGNS site other than the FASTSIGNS Site are set out in the Privacy Policy of such FASTSIGNS Site.
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We Reserve the Right to Revise this Agreement. We reserve the right, at any time to update, revise, supplement or otherwise modify this Agreement, and to impose new or additional rules, policies, terms or conditions on your use of the Services, with or without prior notice and for any reason. Revised Terms will be effective immediately and incorporated into this Agreement upon our publishing them, by whatever means, on the FASTSIGNS Site. Your continued use of the Services will be deemed to indicate conclusively your acceptance of any and all such Revised Terms.
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We May Amend or Terminate Any Part of the Services at Any Time. We reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Services, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of the Services. We may refuse or restrict anyone from access to the Services at any time.
- FASTSIGNS Centres are Independent Contractors. The FASTSIGNS Site may contain links to websites operated by FASTSIGNS Centres. Unless otherwise expressly stated in the terms and conditions of use on FASTSIGNS Centre websites such websites are not hosted, developed, maintained or operated by FII and will be governed by FASTSIGNS Centre terms and conditions of use and not this Agreement.
We do not provide quotes for or provide FASTSIGNS® signs, design services and/or related products or services. All such quotes, services and products are provided by FASTSIGNS Centres. Although we host, develop, maintain and operate certain pages of the FASTSIGNS Site on behalf of the FASTSIGNS Centres, the FASTSIGNS Centres operate as separate legal entities as independent contractors under franchise agreements between them and us. They are not our agents or employees. They do not have any right to speak for us or on our behalf, or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of FASTSIGNS Centres including, without limitation, in connection with their provision of quotes or the fulfilment of orders for FASTSIGNS® signs, design services and/or related products or services placed by you.
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Acceptable Use of the Services. In order to use the Services, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees, if any, associated with such access. The Services are only for the use of individuals aged 18 or over who can form legally binding contracts under English Law. 5.1 Limited Licence. You will not (nor attempt to) copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials found on the FASTSIGNS Site. Notwithstanding the foregoing, you may download and retain a single copy of each page of the FASTSIGNS Site solely for your own non-commercial use provided that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with or damage the goodwill associated with FII or the FASTSIGNS Centres; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorised in writing by us); and (d) you make no modifications to the material. Unless expressly provided in this Agreement or specifically authorised by us, you will not duplicate, download, publish, modify or otherwise distribute any material on the FASTSIGNS Site for any purpose other than for your own individual use. 5.2 Linking; Commercial Use. If you wish to publish, frame, refer to or provide information about the Services on any website, web page, e-mail address or equivalent whether operated by you or your affiliates, or any companies, partnerships, limited liability partnerships or any other legal entity in which you have ownership or investment interests (also collectively referred to as “you”) for commercial purposes, you must (by contacting webmaster@fastsigns.com) obtain our prior written permission, to do so which we may withhold in our discretion and then enter into an agreement with us on our standard terms. If you are a FASTSIGNS Centre, any use of the FASTSIGNS Site by you constitutes a commercial purpose and your use is governed by your Franchise Agreement with us and this Agreement. 5.3 Links; Deep Links. You will not “deep-link” to the FASTSIGNS Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the FASTSIGNS Site for any purpose, unless specifically authorised in writing by us to do so. You will not create any links from your website to the FASTSIGNS Site without our express written consent. If you wish to deep link or otherwise link to the FASTSIGNS Site for any reason, you must contact webmaster@fastsigns.com to obtain our prior written approval, which we may withhold in our discretion.
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Security, Cracking and Hacking. You will not violate or attempt to violate the security of the FASTSIGNS Site. Accordingly, you will not: (i) access data or materials not intended for you; (ii) log onto a server or account which you are not authorised to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “mailbombing” or “crashing” the Services. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and to involve law enforcement authorities in prosecuting users who have participated in any such violations.
- Spidering. YOU AGREE NOT TO USE ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR “SPIDER” THE FASTSIGNS SITE.
- Termination. We reserve the right to terminate your access to the Services and any Accounts (as defined below) immediately, if we believe that you have failed to comply with this Agreement. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Services for any purposes other than their intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
- You Are Responsible For All of Your Activities and All of The Content You Post. You represent and warrant that any information you post or provide to us by means of the FASTSIGNS Site, including, without limitation, as part of any registration or application or to gain access to any of the Services, is truthful, accurate, not misleading and offered in good faith; and that you will use any information disclosed to you via the Services including, without limitation, any content in the personalised areas of the FASTSIGNS Site, only for its intended purpose. We expect that you will exercise caution, good sense and reasonable judgment in using the Services. You agree NOT to use the Services for, or in connection with, any of the following activities:
9.1 spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
9.2 any fraudulent or illegal activities or activities prohibited by this Agreement;
9.3 e-mailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortuous, libellous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;
9.4 transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of our Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies;
9.5 that could damage, disable, overburden, or impair any of our servers or the networks connected to any such server;
9.6 making any commercial or non-fair use of the Marks without our express written consent;
9.7 interfering with any third party’s use and enjoyment of the Services;
9.8 attempting to gain unauthorised access to the Services, accounts, passwords, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
9.9 sublicensing any licence granted in or to materials on the FASTSIGNS Site under this Agreement (whether or not any of such acts are for commercial gain or advantage); or
9.10 reverse engineering, decompiling, modifying, or creating derivative works from any software accessible by or on the Services unless specifically authorised by the owner of the software.
- Submissions. You agree to assign to us with full title guarantee, on our request, any and all present and future Intellectual Property Rights in the Submissions and to waive all moral rights in the Submissions. Nothing in this Agreement will constitute an assignment or agreement to assign to FII or any FASTSIGNS Centre the Intellectual Property Rights in any Client Materials. You hereby grant us the right to use, edit, reproduce, publish, translate, sublicense, copy, distribute and incorporate the Submissions, except Client Materials, into other works in any form, media, or technology now known or that may be developed for any purpose, commercial or otherwise, without compensation or accounting of any kind. We will not incur any liability as a result of any similarities to the Submissions that may appear in our future operations or Services. We will not be required to treat any Submissions as confidential.
By submitting any Submissions, you represent and warrant that you have the full right and authority to submit such Submissions, and that no such Submissions are subject to any Intellectual Property Right or privacy or publicity right of a third party. You will not make Submissions or post any information of whatever nature on the FASTSIGNS Site that, in our opinion:
10.1 seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
10.2 you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
10.3 advocate or promote illegal activity;
10.4 impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content;
10.5 seek to solicit funds, advertising or sponsorship;
10.6 copy any other pages or images on the FASTSIGNS Site except with the appropriate authority; or
10.7 which amount to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites.
We reserve the right to review, edit, or remove any Submission that is, in our sole discretion, inappropriate for use by, or illegal or offensive to FII, the FASTSIGNS Centres, the FASTSIGNS Site or any third parties, for any reason whatsoever.
We do not monitor all Submissions and, as a consequence, we will not be liable for any defamatory, obscene, racist or otherwise abusive Submissions. We will use reasonable endeavours to remove any such offensive Submissions as soon as reasonably possible after we become aware of them. If you believe that any Submissions contain a defamatory statement, please notify us at the following address [webmaster@fastsigns.com].
- Do Not Violate Third Party Intellectual Property Rights. Without limiting any of our rights or your obligations under this Agreement, you agree not to use the Services to transmit material that infringes any Intellectual Property Rights of others or violates the privacy or publicity rights of others.
- Trade marks. The trade marks, trade names, logos, graphics, colour schemes, service marks, slogans, and similar means of identifying products or services displayed on the FASTSIGNS Site, including without limitation, the Marks and any marks identical or similar to the Marks are our or our licensors Intellectual Property Rights. You are not licensed to use our Intellectual Property Rights unless expressly stated elsewhere in this Agreement and you will not adopt or use any names, trade marks, slogans, trade names, service marks, e-mail addresses, URLs, meta-tags, key words or search descriptions that are the same or are confusingly similar to the Marks.
- Ownership. We own or are licensed to use all content and materials on the FASTSIGNS Site.
- Further Restrictions. You agree that you will not use our Intellectual Property Rights in any search engine descriptions, content (meta-tags, “white lettering”, key words), or other means of directing or influencing web traffic to any website, web page, portal or e-mail operated, controlled or authorised by you without our express written permission. Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporate any content from the FASTSIGNS Site or any other of our Intellectual Property Rights or any marks that are confusingly similar to the Marks. You agree not resell the Services (or any part thereof) without our prior written consent, which we may refuse to grant in our sole discretion. If you wish to seek such consent, or if you wish to use the Services or our Intellectual Property Rights for commercial purposes, contact webmaster@fastsigns.com. You acknowledge that you do not acquire any ownership or licensed rights by virtue of downloading the Marks or other material from the Services. All rights not expressly granted under this Agreement are expressly reserved to us.
- Copyright Infringement. If you believe your rights under applicable copyright laws are being infringed on the FASTSIGNS Site, you may notify our designated agent in accordance with our Copyright Notice and Takedown Policy by clicking here and following the posted instructions.
- Your Access to Certain Services. In addition to the Services, we will provide you with access to certain other FASTSIGNS sites (including but not limited to www.fastsigns.com) so that you can request and receive quotes and information and/or submit orders for and purchase FASTSIGNS® signs, design services and/or related products or services from FASTSIGNS Centres. You acknowledge and agree that any such quote and information requests and orders made via a FASTSIGNS site other than the FASTSIGNS Site will be subject to the purchase/services policies of each FASTSIGNS Centre and the terms of use of such other FASTSIGNS site. Please ask the FASTSIGNS Centre from which you request a quote or order FASTSIGNS® signs, design services and/or related products or services for a copy of its purchase/services policies before ordering. For contact information for the FASTSIGNS Centres, please click here. You may be required to become a registered user and/or open an account with us in order to use or access some services on another FASTSIGNS site. Any such registrations or opening of accounts will be subject to the terms of use of such other FASTSIGNS site.
- Links to Third Party Sites and Information Originating from Third Parties. You expressly acknowledge and agree that the FASTSIGNS Site may contain links to other web sites not developed, hosted, maintained or operated by us, and that certain of the Services on the FASTSIGNS Site such as a general contents page and informational pages (which may include, without limitation, news of interest and shipper information) may include materials and information originating from third parties. You acknowledge and agree that we have no control over such third party websites and information. We are not responsible for examining or evaluating, and we do not warrant or endorse the such third party information or products and services offered on such third party websites or the content or appropriateness of content of such third party websites, and explicitly disclaim any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked third party website. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked third party website. We cannot guarantee, represent or warrant that the content of the FASTSIGNS Site is accurate, appropriate to you, and/or inoffensive.
- We make no warranties. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis, without warranties except those warranties which may not be excluded under English law. We do not warrant that the FASTSIGNS Site will be available or operate in an uninterrupted or error-free manner or that errors or defects will be corrected. In addition, we do not warrant that information available on or through the FASTSIGNS Site is appropriate, accurate, timely, reliable, useful or available for use. FASTSIGNS Centres reserve the right to refuse to fulfil any order that relies on a typographical error relating to price or quantity of an item featured or described on the FASTSIGNS Site. All prices and services listed on the FASTSIGNS Site are subject to availability and limited quantities. We may make improvements and/or changes to the FASTSIGNS Site at any time, without prior notice.
- Limitation of Liability. FII, the FASTSIGNS Centres, our affiliates and subsidiaries, or any of their directors, officers, employees, agents, vendors, and/or suppliers will not be liable to you or any third party for any direct, indirect, special, or consequential loss or damages arising out of or in any way related to this Agreement or the use of the Services including, without limitation, damages for loss of profits, records or data, interruption of service, loss of business or business opportunities, loss of revenue, loss of anticipated savings, wasted expenditure, loss of goodwill or other intangible losses, including without limitation, damages that may have been caused by a virus or other data corruption problem resulting from access to, downloading from or use of the Services of whatever nature whether based in tort, contract, negligence or otherwise (even if we have been advised of the possibility of such damages). If you are dissatisfied with all or any portion of the Services, or with all or any of the Agreement, your sole and exclusive remedy is to discontinue using the Services. To the extent that this limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of FII, the FASTSIGNS Centres, our affiliates and subsidiaries, or any of their directors, officers, employees, agents, vendors, and/or suppliers for any reason and upon any cause of action (including, without limitation, negligence and other actions in contract or tort) arising out of or in any way related to the FASTSIGNS Site or this Agreement will be limited to direct damages actually incurred up to one hundred and forty pounds (£140). This limitation of liability applies to all aggregate liabilities, including, without limitation, those resulting from your use or your inability to use the Services, or any other matter arising from or relating to the FASTSIGNS Site. Nothing in this Agreement excludes or limits our liability for personal injury or death caused by our negligence or for fraud.
- Indemnity of Us. You agree to indemnify and hold harmless FII, the FASTSIGNS Centres, our affiliates and subsidiaries, and all their directors, officers, agents, employees, suppliers, vendors, and service providers, and, at our request, to defend us without any limit from and against any claim, liability loss, damages, costs and expenses (including reasonable legal expenses), to the extent that such action is based upon, arises out of, or relates to your use of (or inability to use) the Services, any other activities of yours accomplished using the Services, or claims for infringement of Intellectual Property Rights, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party arising out of any Submission.
- Order of Precedence. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into in writing with us or any of our related or affiliated entities. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services, conflicts with any provision of your other written agreements with us or any of our related or affiliated entities signed by us and/or related or affiliated entities or FASTSIGNS Centres, and you, the terms of such other agreements will take precedence.
- Injunctive Relief. You acknowledge and agree that any violation of this Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or materials on the FASTSIGNS Site and use of the FASTSIGNS Site may result in irreparable injury and damage to us that may not be adequately compensable in money damages, and for which we will have no adequate remedy at law. You, therefore, consent and agree that we may obtain injunctions as may be reasonably necessary to ensure compliance with the Agreement.
- Choice of Law and Forum. This Agreement shall be governed and construed in accordance with the laws of England and you submit to exclusive jurisdiction of the English courts.
- Miscellaneous Terms. This Agreement, and our other operating rules and policies for the FASTSIGNS Site, constitute the entire agreement between you and us with respect to the Services superseding any prior agreements between you and us relating to such subject matter.
- The failure of us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
- If any provision of this Agreement is found to be invalid or unenforceable, then that provision will be deemed to be amended to the extent necessary and in a manner consistent with the intentions of the parties to make it fully enforceable. The other provisions of this Agreement will remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
- We may assign or transfer our rights and obligations under this Agreement, without notice, to (i) any affiliate of FII, or (ii) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of FII or any affiliate of FII. You may not assign this Agreement without our prior written consent.
IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE ADDITIONAL TERMS, PLEASE DO NOT USE THE FASTSIGNS SITE.
©2005. FASTSIGNS INTERNATIONAL INC. All rights reserved. |