Definitions
Unless the context otherwise requires, any word, term or expression used in these Terms of Use shall be construed according to its ordinary meaning. This shall be without prejudice to the following:
“Cookies” shall mean a bundle of data sent from a web server to a browser and stored on the hard drive of the computer from which the browser is being accessed;
“Company” shall mean Benny's Frame shop ;
“Personal Data” shall have the same meaning as is attributed to it by the Data Protection Act (Cap. 440 of the Laws of Malta);
Proper Use of Services
Users shall use the Services only for lawful purposes and in particular they shall not:
- make use of any obscene, threatening, menacing, offensive, defamatory materials or such materials as are in violation of any law or regulation, in breach of confidence, harmful to minors, in breach of intellectual property right or otherwise unlawful when making use of the Services
- impersonate any person or entity, falsely state or otherwise misrepresent affiliation with a person or entity;
- make use of the Services so as to cause other Users or third parties to receive unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- make use of the Services to knowingly or negligently transmit any electronic material that may be detrimental or/and cause any sort of damage or malfunction to the computer system of the Company or of any other User or third party; and
- collect or store Personal Data about other Users or third parties
Disclaimer of Warranties
Benny's Frame shop does not offer any warranty as to the accuracy, content, completeness, legality, reliability or operability or availability of information or material made available to and/or by Users. Nor does Benny's Frame shop offer any warranty as to the correct communication, presentation or display of the information made available to and/or by Users.
Benny's Frame shop excludes, in so far as it is allowed by law to do so, any warranty whatsoever related to the Services and in particular it does not offer any warranty as to fitness for a particular purpose and non-infringement of proprietary rights, including intellectual property rights.
Nor doesBenny's Frame shop provide any warranties as to the integrity and correctness of the information present on its Website and as to the services advertised on the Website or advertised and/or made available through sites linked thereto.
In particular, with respect to any immovable property that may be advertised on the Website, Benny's Frame shop disclaims any responsibility as to its peaceful possession, title thereto, structural integrity, general conditions and surroundings, and any other condition that may attract liability.
Benny's Frame shop further disclaims any responsibility for any damages whatsoever which may be incurred by any User when making use of the Services. Benny's Frame shop disclaims responsibility for any improper use of Users’ Personal Data.
Limitation of Liability
Under no circumstances shall Benny's Frame shop be held liable in damages of any kind whatsoever to any User.
Content
Benny's Frame shop shall not be responsible for any content displayed on the Website or any content which is linked to the Website. Benny's Frame shop does not make any representations concerning any effort to review the content and shall not be held liable or responsible for the accuracy, copyright or trademark compliance or legality of any content.
Intellectual Property
All rights, including copyright, in the content of the Website are owned or controlled for these purposes by Benny's Frame shop . Users may only download the content for your own personal non-commercial use.
Users shall are not be allowed to copy, broadcast, download, store (in any medium), transmit, show or play in part or in whole, adapt or change in any way the content of the Website for any other purpose whatsoever without the written permission of Benny's Frame shop
Changes in Terms of Use and Service
Benny's Frame shop reserves the right to change, alter or modify the Services from time to time, for any reason, and notice, including the right to terminate the services offered byBenny's Frame shop . Benny's Frame shop further reserves the right to change, alter or modify without prior notice the present Terms of Use.
Privacy
The Privacy Policy of Benny's Frame shop as stated hereunder shall not apply vis-à-vis such data and/or information as a User may disclose to another User.
Governing Law
All disagreements, issues or disputes arising from or related to the use of the Services and/or to the application, interpretation or construction of these Terms of Use shall be resolved in an amicable fashion.
Where no amicable settlement is reached within sixty (60) days, the disagreement, issue or dispute shall be referred to arbitration in terms of the Arbitration Act (Cap. 387 of the Laws of Malta). The sixty days shall start to run from when either Benny's Frame shop or the User shall formally notify the other party in writing of the existence of a disagreement, issue or dispute.
Modification of Service
The Company shall have the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services provided by the Company, in whole or in part, with or without notice.
Benny's Frame shop shall not be liable to any User for any modifications, suspension or discontinuance of the Services.
Violation of Terms of Use
Violations of these Terms of Use or any other rights of the Benny's Frame shop entitle Benny's Frame shop to pursue any and all legal and equitable remedies against the responsible User including, without limitation, termination of the Services.
Failure by Benny's Frame shop to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions present in these Terms of Use.
In the event that a court decides, decrees, judges or in any other way considers that one or more rights or provisions set forth in these Terms of Use are invalid, the remainder of the Terms of Use shall be enforceable and, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
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