TFP reserves the right to, at any time and from time to time, without notice, modify, add to or remove any material, content, designs, layout, graphics, pictures, illustrations, photographs, images, audio, video, software, artwork, sounds, names, words, titles, phrases, logos, trademarks, service marks, trade names and other information contained on the Site including, without limitation, the “look and feel” of the Site (collectively, the “Site Content”).
Use of the Site
The Site is provided solely to allow you to: (a) read the information, articles and comments made available on the Site; (b) view the videos, photos, pictures and other media made available on the Site; (c) engage with us and other readers via the Site; (d) use the services made available to you by TFP through the Site as authorized by TFP (each of the foregoing, a “Permitted Use”); and (e) submit inquiries to us. Unless otherwise agreed in writing, the Site may only be used through FTP’s generally available interfaces.
You agree that you will not, without TFP’s prior written consent, use the Site or the Site Content for any purpose that is not a Permitted Use. In addition, you agree that you will not, without TFP’s prior written consent: (a) “frame”, “mirror” or otherwise incorporate the Site or the Site Content or any part thereof on any commercial or non-commercial website; (b) access, monitor or copy any Site Content using any data mining, robot, spider, scraper or other automated means or any manual process for any data gathering or extraction methods; (c) violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site; (d) take any action that imposes, or may impose, in TFP’s sole discretion, an unreasonable or disproportionately large load on its infrastructure; (e) deep-link to any portion of the Site for any purpose; (f) modify, adapt, alter or translate any software underlying the Site; (g) use or copy any software underlying the Site; (h) attempt to gain unauthorized access to the Services or TFP’s related systems or networks; (i) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Site; or (j) access the Site for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Site.
While you may view the Site and Site Content through a web browser or other interface made generally available by TFP, you otherwise agree that no part of the Site or the Site Content may be copied, reproduced, modified, distributed, transferred, sold, published, broadcast, performed, transmitted, published, licensed or circulated in any form without the prior written consent of TFP. The copying, translation, creation of derivative work of, reverse engineering, reverse assembling, disassembling, or decompiling of the Site or any part thereof or otherwise attempting to discover any source code or modify the Site, without the prior written consent of TFP, is strictly prohibited.
Third Party Sites
The Site may provide links to third party web sites (the “Third Party Websites”). TFP does not endorse Third Party Websites or the information contained on Third Party Websites, and does not guarantee their merchantability, merchantable quality, title, non-infringement, security, reliability, completeness, quiet enjoyment, accuracy, quality or fitness for a particular purpose. TFP does not control Third Party Websites or the content on Third Party Websites, and you acknowledge that you access Third Party Websites entirely at your own risk.
Use of the Site, including the use or downloading of Site Content is done entirely at your own risk. TFP cannot and does not guarantee or warrant that the Site or the Site Content are compatible with your computer system(s) or that the Site or the Site Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system(s), and you are responsible for the entire cost of any service, repairs or connections of and to your computer system(s) that may be necessary as a result of your use of the Site.
Communications Not Confidential
TFP does not guarantee the confidentiality of any communications made by you to TFP or via the Site or other information transmitted by you to TFP or via the Site, including communications made by email or information transmitted through your use of the Site. TFP may retain a copy of any such information for the purpose of and to the extent necessary for us to comply with applicable legal, regulatory, and/or reasonable internal back-up or archival policies and requirements.
By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to TFP, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) TFP is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) TFP will be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) TFP may have something similar to the Feedback already under consideration or in development; (e) you irrevocably waive your moral rights in and to such Feedback and assign to TFP all rights to your Feedback; and (f) you are not entitled to any compensation or reimbursement of any kind from TFP under any circumstances.
Warranty Disclaimer and Limitation of Liability
THE SITE, INCLUDING THE SITE CONTENT, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TFP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TFP DOES NOT WARRANT THAT THE SITE OR SITE CONTENT OR YOUR USE OF THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL TFP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT OR ANY THIRD PARTY WEBSITE, EVEN IF TFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Jurisdiction
Entire Agreement and Waiver
It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.