ACCEPTANCE OF TERMS
The following are terms of a legal agreement between you and franciscolachowski.com. You must be 13 years or older to use this Web site. By accessing, browsing, or using this Web site whether accessed through the World Wide Web or any other medium or device now known or hereafter invented, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. The Services may also include certain services that are available via your mobile phone or other mobile device, including, but not limited to, (i) the ability to upload content to the Services via your mobile phone or other mobile device, (ii) the ability to receive and send messages from your mobile phone or other mobile device, and (iii) the ability to browse the Services from your mobile phone or other mobile device. Your mobile telephone or other mobile device carrier’s normal messaging, data and other rates and fees will still apply. If you do not agree to these terms, please do not use this Web site.
DESCRIPTION OF SERVICES
franciscolachowski.com is a non-profit fan site and an online archive of the Brazilian Supermodel Francisco Lachowski and other fashion industry information. As such, franciscolachowski.com provides you with access to a variety of resources, such as product/service information (collectively “Services”). The Services, including any affiliated top level domains, updates, alerts, mailing lists, blog postings, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
franciscolachowski.com is NOT managed by the Brazilian Supermodel Francisco Lachowski or his respective agents or agencies or any companies mentioned within franciscolachowski.com and is NOT directly nor indirectly affiliated with the Brazilian Supermodel Francisco Lachowski or any of his respective agents or agencies or any companies mentioned within franciscolachowski.com.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
LINKING TO THIS SITE
All links to this Web site must be approved in writing by franciscolachowski.com, except that franciscolachowski.com consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with franciscolachowski.com; (c) imply that franciscolachowski.com approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about franciscolachowski.com or otherwise damage the goodwill associated with the franciscolachowski.com name or trademarks. As a further condition to being permitted to link to this site, you agree that franciscolachowski.com may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any franciscolachowski.com trademark.
CONFIDENTIAL INFORMATION/LICENSE to franciscolachowski.com
This section dose not apply to items sent or communicated to franciscolachowski.com for promotional or marketing purposes.
franciscolachowski.com does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to franciscolachowski.com will be deemed NOT to be confidential. By sending franciscolachowski.com any information or material, by posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting franciscolachowski.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You agree to defend, indemnify and hold harmless franciscolachowski.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of franciscolachowski.com by you or your account.
franciscolachowski.com, and its affiliates, own all rights to their logos and trademarks used in connection with the site. All other logos and trademarks appearing on franciscolachowski.com are the property of their respective owners.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any franciscolachowski.com server, or the network(s) connected to any franciscolachowski.com server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any franciscolachowski.com server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide franciscolachowski.com’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
8137 Back Packer Ct.
Las Vegas, Nevada 89131
DISCLAIMER | LINKS TO THIRD PARTY SITES
This Web site may provide links or references to non-franciscolachowski.com Web sites and resources. franciscolachowski.com makes no representations, warranties, or other commitments whatsoever about any non-franciscolachowski.com Web sites or third-party resources (including any sites in an I-FRAME) that may be referenced, accessible from, or linked to any franciscolachowski.com site. A link to a non-franciscolachowski.com Web site does not mean that franciscolachowski.com endorses the content or use of such Web site or its owner. In addition, franciscolachowski.com is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an franciscolachowski.com site. When you access a non-franciscolachowski.com Web site, even one that may contain the franciscolachowski.com-logo, please understand that it is independent from franciscolachowski.com, and that franciscolachowski.com does not control the content on that Web site.
Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and franciscolachowski.com makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.
DISCLAIMER OF WARRANTY
The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, franciscolachowski.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. franciscolachowski.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, or the server that makes it available, are free of viruses or other harmful components. franciscolachowski.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not franciscolachowski.com) assume the entire cost of all necessary maintenance, repair, or correction.
LIMITATION OF LIABILITY
IN NO EVENT SHALL franciscolachowski.com ITS AFFILIATES AND/OR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
franciscolachowski.com provides no assurances that any reported problems will be resolved by franciscolachowski.com, even if franciscolachowski.com elects to provide information with the goal of addressing a problem.