SECTION 1 – ONLINE COMMUNITY MEMBERSHIP TERMS
To use the Site, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one BRUCE FRANCOIS account, which must be in your real name; and (3) you are not already restricted by BRUCE FRANCOIS from using the Site.
“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for BRUCE FRANCOIS to lawfully provide the Site to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Site is not for use by anyone under the age of 13.
You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow all applicable federal, state, and local law related to your use of the Site. You are responsible for anything that happens through your account unless you close it or report misuse.
SECTION 2 - YOUR LICENSE TO BRUCE FRANCOIS
As between you and BRUCE FRANCOIS, you own the content and information that you submit or post to the Site and you are only granting BRUCE FRANCOIS the following non-exclusive license: A worldwide, irrevocable, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Site, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible.
- We will get your consent if we want to give others the right to publish your posts beyond the Site. However, other users and visitors of the Site may access and share your content and information, consistent with your settings and degree of connection with them.
- While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we do not intend to modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
By submitting suggestions or other feedback regarding our Site to BRUCE FRANCOIS, you agree that BRUCE FRANCOIS can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. BRUCE FRANCOIS may be required by law to remove certain information or content in certain countries.
SECTION 3 - NOTICES
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Site, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
SECTION 4 - ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - SERVICE AVAILABILITY AND PRICES
We may change, suspend or end any service, or change and modify prices prospectively in our discretion. To the extent required by applicable law, notice will be provided to you of such changes. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
SECTION 7 - OTHER CONTENT, SITES, LINKS OR APPS
By using the Site, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
BRUCE FRANCOIS generally does not review content provided by our users. You agree that we are not responsible for third parties' (including other users') content or information or for any damages as result of your use of or reliance on it.
You are responsible for deciding if you want to access or use third-party apps or sites that link from our Site. If you allow a third-party app or site to authenticate you or connect with your BRUCE FRANCOIS account, that app or site can access information on BRUCE FRANCOIS related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not.
BRUCE FRANCOIS provides links only as a convenience and the inclusion of the link does not imply that BRUCE FRANCOIS endorses or accepts any responsibility for the content on those third-party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers.
Except to the limited extent it may be required by applicable law, BRUCE FRANCOIS is not responsible for these other sites and apps -- use these at your own risk.
SECTION 8 - LIMITS
BRUCE FRANCOIS reserves the right to limit your use of the Site, including the number of your connections and your ability to contact other users. BRUCE FRANCOIS reserves the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Agreement or law or are misusing the Site.
SECTION 9 - INTELLECTUAL PROPERTY
You may not use any trademarks, logos, or service marks displayed on the site for any purpose without written permission of the lawful owner(s). The Site and its content, including editorial, graphics, banners, placement and design, are owned by BRUCE FRANCOIS. All rights reserved. The use of materials, including, without limitation, logos, text, graphics and other copyrightable materials on the Site are limited to personal, non-commercial viewing and use only. Some materials are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of its lawful owner. BRUCE FRANCOIS is the owner of the copyright in the Site. BRUCE FRANCOIS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Site or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Site without the express permission of BRUCE FRANCOIS and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use.
SECTION 10 - USER CONDUCT
You may submit comments, answers to polls and surveys and/or letters to the BRUCE FRANCOIS or post information ("collectively Material(s)") online but agree not to upload, post or otherwise make available to BRUCE FRANCOIS any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. In addition, you understand that all user text and other materials of any nature that is transmitted to or via the Site is the sole responsibility of the person whose user name and password were used for the Materials. This means you, and not BRUCE FRANCOIS, are entirely responsible for the Materials transmitted through your user name and password to the Site. Although opinions are welcome, your Material, user name and/or screen name may not disparage in any manner BRUCE FRANCOIS or any person, product or service.
SECTION 11 - INDEMNIFICATION
SECTION 12 - DISCLAIMERS AND LIMITATIONS OF LIABILITY
OTHER CONTENT ON OR PERCEIVED THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" AND “WHERE-IS” WITHOUT WARRANTY OF ANY KIND. BRUCE FRANCOIS HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) CONTINUOUS OPERATION; (III) NON-INFRINGEMENT, TITLE, AND/OR QUIET ENJOYMENT; (IV) AVAILABILITY OF THE SITE; (V) LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND (VI) ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO USE, QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
BRUCE FRANCOIS DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. BRUCE FRANCOIS MAKES NO WARRANTY OR GUARANTEE PERTAINING TO ANY CONTENT ON THE SITE INCLUDING THE ACCURACY, CORRECTNESS, COMPLETENESS OR CURRENCY, OFFERED BY A THIRD-PARTY THOUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND THAT NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY; AND YOU AGREE NOT TO RELY ON SUCH INFORMATION OR ADVICE. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
UNDER NO CIRCUMSTANCES SHALL BRUCE FRANCOIS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES EVEN IF BRUCE FRANCOIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF BRUCE FRANCOIS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO BRUCE FRANCOIS FOR ITS PRODUCTS AND/OR SERVICES.
SECTION 13 - PRIVACY
SECTION 14 - DISPUTES, GOVERNING LAW AND JURISDICTION
Notwithstanding anything to the contrary contained herein, to the extent that BRUCE FRANCOIS believes that you have violated BRUCE FRANCOIS's intellectual property rights, BRUCE FRANCOIS may seek injunctive or other appropriate relief in any federal or state court located in Orlando, Florida without having to submit the matter to mediation/arbitration as stated above, and you consent to the exclusive jurisdiction and venue in such courts.
SECTION 15 - ENTIRE AGREEMENT
SECTION 16 - COPYRIGHT POLICY
COMPLAINTS REGARDING CONTENT POSTED ON THE BRUCE FRANCOIS WEBSITE
Please note that whether or not we disable access to or remove content, BRUCE FRANCOIS may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the user who posted the content and/or take other reasonable steps to notify the user that BRUCE FRANCOIS has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of users, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may, therefore, want to seek the advice of legal counsel before submitting a notice or a counter-notice.
SECTION 17 - CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Notice of Copyright Infringement:
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), BRUCE FRANCOIS has implemented procedures for receiving written notification of claimed infringements. BRUCE FRANCOIS has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your email address and your mailing address and/or telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to BRUCE FRANCOIS as follows:
BRUCE FRANCOIS, INC.
ATTN: Copyright Agent
12001 Research Pkwy
Orlando, FL 32826
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the United States District Court for the Middle District of Florida (Orange County), if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.
Please mail your Counter-Notice to BRUCE FRANCOIS’s Copyright Agent via to the address specified above.