Welcome to the official blog site of Francois Louw located at www.francoislouw.com (referred to as the ‘Site’ or ‘web site’, as ‘www.francoislouw.com’ or ‘www.FrancoisLouw.com’ or ‘FrancoisLouw.com’, or collectively, as ‘we,’ ‘us’, ‘our’).
These are our Terms (the ‘Agreement’) which you (as ‘viewer’, ‘user’, ‘customer’, or ‘visitor’) should read before you use our Site. These Terms are a legally binding agreement between FrancoisLouw.com and you. They will govern the information that we make available to you on the Site, and the relationship between you and us and everything that you do on www.FrancoisLouw.com. If you do not accept the Terms, you should not view, access or otherwise use any part of the Site. In such a case, please leave this Site now.
These Terms were last revised on 14 September 2009.
Materials on the Site are primarily owned by FrancoisLouw.com. These Terms do not govern any other relationships with any third party. If you are entering into a contract with a third party, you ought to read their Terms carefully before entering into an agreement with them.
We may update these Terms from time to time and it is your responsibility to ensure that you are up to date with them. Please note that your continued use of the Site will indicate your acceptance of any such updated Terms.
Use of Site Content
Your obligations to us: You agree that you will only use the Site in such a way that adheres to these Terms. You hereby confirm that you have obtained the consent of the telephone line user and of the person who pays the bill associated with that telephone line prior to accessing the Site.
Content, including but not limited to text, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by FrancoisLouw.com or its third party licensors (‘Content’) is protected by copyright and you are only permitted to use Content as expressly authorized herein or in writing by the Editor or Administrator of FrancoisLouw.com. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and FrancoisLouwcom and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.
Except as provided in these Terms, you may not use, download, upload, print, copy, reproduce, publish, display, perform, license, post, distribute, transmit, or otherwise exploit any Content or information from the Site, in whole or in part, without the express permission of FrancoisLouw.com. Requests for such permission should be made to at admin@francoislouw.com.
You may without our permission:
a) Download, view and print Content, but only if:
•the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
•the Content is used solely for personal or informational purposes; and
•the Content is not modified or altered in any way
2.
b)Link or hyper-link to the home page of the Site from any competent site (containing no objectionable content, and not owned or controlled by a competitor to FrancoisLouw.com or its affiliates), but only if:
•You do not link into any page other than the home page;
•the link or hyper-link to the Site is not used in a way that suggests that Francois Louw, FrancoisLouw.com or their affiliates endorse you or your web site;
•the link or hyper-link to the Site is not used or presented in any way that denigrates FrancoisLouw.com or Francois Louw or tarnishes, distorts, or reduces the quality of its or their names or trademarks or any associated goodwill;
•the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
•you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
‘Objectionable’ means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed-to-or-does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which violates or encourages other to violate any applicable law.
You may not under any circumstance:
•Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
•Delete, modify or attempt to change or alter any of the Content on the Site;
•Use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site;
•Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations; or
•Use malicious search technology.
Copyright and design rights of FrancoisLouw.com extend to the design, look and feel of our website, all photographs, images and text appearing on it and any promotional material and we assert our Intellectual Property Rights therein.
We do not give you any right or interest in any copyright, trade mark, trading style, trade name, goodwill, design right, patent, database, software right, whether registered or unregistered (‘Intellectual Property Rights’) in any text, image, audio, logo, trade mark, table, compilation, database, software or other material in which Intellectual Property Rights exist featured on the Site because they are owned by us.
You are granted a limited license to download the materials contained on this Site to a single personal computer, and to print a hard copy of the materials contained on this Site, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. In all cases ‘FrancoisLouw.com’ should be acknowledged as the source of the material. The grant of this limited license is conditional upon your agreement to and compliance with all these terms of use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of our proprietary rights.
We do not make any warranty or representation in respect of the ownership or origin of any third party materials included on the Site.
Requests for permission to reproduce or distribute materials found on this Site can be made by contacting us on admin@francoislouw.com.
Copyright in all materials posted to the site will, unless otherwise noted, remain vested in the author of the material.
Use of Interactive Components of Site
The functionality of the Site may allow you to provide e-mail communications (including, without limitation, text or photographs, video or other graphics) or other information that is to be posted on or through the Site (collectively, as provided by any user ‘Content’).
You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You agree that any Content whatsoever emailed by you to the Editor/Administrator of the Site becomes our property and by submitting any content to the Site (via email listed here or on the ‘Contact’ page), you grant us and our contractors and affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, archive, publicly perform, display, create derivative works from, or delete (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, subject to our Privacy Policy with respect to your Personal Information (as defined in the Privacy Policy). You represent and warrant that: (i) you own the Content emailed by you to the Site, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the emailing of your Content to the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you email to the Site.
Marks, Copyright and Branding
This web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.
FrancoisLouw.com accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
Certain products, service, or company designations for companies other than FrancoisLouw.com and its affiliates may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. You should contact the appropriate companies for more complete information regarding such designations and their registration status.
Francois Louw does not necessarily personally endorse all marks presented on the site. Francois Louw may also have individual sponsorships which are independent of those of his team and/or club and vice versa.
Modifications To Terms
Please note that, due to legal and other developments, FrancoisLouw.com may be required to amend these Terms and Conditions of Use from time to time. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately abort use of the Site.
The Site is made available to you strictly on an ‘as is’ basis.
In the event of any part of these Terms and Conditions being found to be partially or fully invalid or unenforceable, for whatever reason, such term(s) and/or condition(s) shall be severable from the balance of these Terms and shall not affect the application or enforceability of the remainder of this agreement.
Other Sites, Content, Products and Services
This Site contains links to other Internet sites on the World Wide Web, including without limitation, content, products and services. We provide such links for your convenience only, and we are not responsible for the content in any site with which our connection consists of only a hyperlink. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.
You should refer to the separate terms of use, privacy policies, and other rules posted on other sites before you use them.
FrancoisLouw.com is not responsible for (a) the availability or accuracy of, and content provided on other sites, nor does inclusion of any link imply endorsement of the other site by FrancoisLouw.com, or vice versa; (b) third party content accessible through the site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); or (c) any loss or damage of any sort you may incur from dealing with any third party.
We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content.
We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Disclaimers and Warnings
While we take great care in the Content we provide on our Site, we do not guarantee the accuracy or completeness of any Content on or provided in connection with the Site. FrancoisLouw.com and its affiliates, consultants, associates, and other users (Contributors) may also eventually provide content on the site.
You agree that such content is provided for your informational purposes only, and that you must evaluate, and bear all risks associated with the use of any Contributor content, including any reliance on the accuracy, completeness, or usefulness of such information. In this regard, you acknowledge that you may not rely on any Contributor content.
Any information or expressions of opinion found on the site should not be regarded as professional advice or opinions and users should, where relevant, consult professional advice before acting on the information and/or opinions set out in this web site.
If you become aware of any information on the Site which you know or have good reason to suspect is untrue or incorrect in any way please let us know by emailing us on editor@francoislouw.com. If at any time you are not happy with the content or object to any material published on the site, your sole remedy is to cease using it.
You agree, in connection with any use of the Site, to release FrancoisLouw.com together with their respective employees, agents, officers, directors and shareholders, from any and all claims, demands and damages, of any type and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with use of the Contributor content by or on behalf of you.
You may find the Information provided by other contributors or users of the Site to be offensive, objectionable, harmful, inaccurate, or deceptive. Any opinion, idea or view expressed by Contributors is the responsibility of the applicable author and FrancoisLouw.com (and Francois Louw himself) does not necessarily endorse any such opinion, idea or view. By using this Site, you agree to accept such risks.
THE SITE AND ALL CONTENT, MATERIALS AND INFORMATION PROVIDED ON THE SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER FRANCOISLOUW.COM NOR ANY OF ITS EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Indemnity
You agree to indemnify, defend and hold harmless FrancoisLouw.com and their employees and affiliates from any claim, damage, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with (a) your use of or access to the Site or the Content or your linking to or emailing the Site, (b) the violation of these Terms by you, (c) the infringement by you of any intellectual property or other right of any person or entity, or (d) your submission of any material to RossSkeate.com.
Acknowledgment
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
Termination
These Terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise.
General
If any provision of this Agreement is prohibited by law or judged by a Court of competent jurisdiction to be unlawful, void or unenforceable the provision shall, to the extent required, be severed from these Terms and shall not in any way affect any other circumstances pertaining to these Terms or the validity or enforcement of these Terms.
Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
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