Welcome to Francium Chocolate, Inc.’s (“Francium Chocolate", “we”, “us” and “our”) online website (including all content and functionality available through the https://www.franciumchocolate.com/ domain name, the “Site”). This Terms of Service (the “Agreement”) applies to your use of our Site. The term “Service” refers to each of, and any combination of, the Site and any related services provided by Francium Chocolate.
Before using the Site, we encourage you (THE TERMS “YOU”, “YOUR”, “YOURS”, AND “USER” SHALL REFER TO ANY AND ALL USERS OF THE SITE) to carefully read this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY and cookie policy, which CAN BE found at https://franciumchocolate.com/policies/privacy-policy and https://franciumchocolate.com/pages/cookies-policy (collectively, THE “PRIVACY POLICY”), YOU DO NOT HAVE OUR AUTHORIZATION TO USE ANY OF THE SITE AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE. BY VISITING AND PROVIDING INFORMATION TO US THROUGH THE SITE, ACCESSING OR USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY THIS AGREEMENT AND OUR privacy policy.
We may modify this Agreement at any time, and such modification will be effective immediately upon either posting of the modified Agreement. You may give notice to us at any time via electronic mail to the Site at the following address: info@franciumchocolate.com
1. Terms and Limitations.
1.1 Grant of Limited License. Your access to the Service is licensed and not sold. Subject to the terms of this Agreement, you are hereby granted a revocable, non-exclusive, non-transferable right to access and use the Site. The entire content displayed on the Site or that is made available to view, access, and/or download in connection with the Site (collectively, the “Francium Content”) is owned by and is the copyrighted work of Francium Chocolate and/or its licensors. Except as permitted by us in a separate written agreement, you do not have the right to lend, lease, rent or sublicense the Site and/or the Francium Content. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for you to (a) publish, publicly perform or display, or distribute to any third party any material access on or obtained through the Site (collectively, the “Material”); (b) market, sell or make commercial use of the Site; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Site or the Material; or (e) use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page). Some Materials may be subject to additional terms and conditions. Any and all rights not expressly granted herein are reserved.
1.2 Proprietary Rights.
(a) Copyright. The Francium Content have copyrighted protection as a collective work under the laws of the United States and other copyright laws. We are the sole exclusive owner of the Francium Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Francium Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. As between the parties, title, ownership rights, and intellectual property rights in the Francium Content, and any copies or portions thereof, shall remain in Francium Chocolate and/or its content providers. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site.
(b) Trademarks. The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Francium Chocolate or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You agree not to use any Francium Chocolate logo or any other proprietary graphic or trademark without our express written consent. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners.
1.3 User’s Agreement. You represent and warrant to Francium Chocolate that you are at least 13 years old, will comply with the terms set forth herein, and comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Site. In all cases, if you are under 18 years old, you may only use the Site with the approval of your parents or guardian. You warrant, represent and agree that you will not use the Site in a manner that (a) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (b) violates any law, statute, ordinance or regulation; (c) adversely affects or reflects negatively on our goodwill, name or reputation or causes duress, distress or discomfort to Francium Chocolate or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site; and/or (d) circumvent, disable or otherwise interfere with security-related features of the Site or its features that prevent or restrict use or copying of any content.
2. OPERATION. We reserve complete and sole discretion with respect to the operation of the Site. We may, among other things, withdraw, suspend or discontinue any functionality or feature of the Site.
3. CONTENT AND GENERAL DISCLAIMERS
3.1 General Disclaimer. THE SITE IS PROVIDED BY FRANCIUM CHOCOLATE ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE THIS AGREEMENT.
3.2 Nutrition and Health Information. Any nutritional information or health information presented or contained on the Site or provided through the Service is presented for the purpose of discussing general health, nutrition, and related issues and topics and for informational purposes only. Nothing contained on the Site is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a diet plan for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from the Site is not exhaustive. Always consult with your physician or other qualified health care provider before embarking on a new diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on the Site.
3.3 Informational Purposes Only; Disclaimer of Third Party Information. Any opinions expressed on the Site are the personal opinions of the original author and not of Francium Chocolate, even though the original author may be employed by Francium Chocolate. The Francium Content is provided for informational purposes only and is not an endorsement or representation by Francium Chocolate or any other party. We do not assume any responsibility or liability for any opinion or other commentary posted on the Site or any third-party website linked to the Site and make no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Francium Content. You agree that access to any other Internet Site linked to the Site is done at your own risk and we are not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these other websites. You understand that when using the Site, you may be exposed to third party content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third-party content.
3.3 Disclaimer of Third-Party Content. You understand that when using the Site, you may be exposed to third-party content from a variety of sources, and Francium Chocolate is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third-party content. You further understand and acknowledge that you may be exposed to third-party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Francium Chocolate with respect thereto. You acknowledge that statements made in the Site and/or third-party content reflects only the views of their authors and/or users.
3.4 Links to Third-Party Sites. The Site may contain links to third-party websites or applications. You agree that access to any other Internet website or application linked to the Site is done at your own risk and Francium Chocolate is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these other websites or applications. You understand these links may lead unintentionally to websites or applications containing information that you or others may find inappropriate or offensive. These links are not under the control of Francium Chocolate and as such, you agree that Francium Chocolate is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party websites or applications. These links are provided by Francium Chocolate merely for convenience and the inclusion of these links does not imply an endorsement or recommendation by Francium Chocolate. You agree that Francium Chocolate is not responsible for any form of transmission received from any link, nor is Francium Chocolate responsible if any of these links are not working appropriately. It is your responsibility when viewing to abide by any privacy statements and terms of use posted in connection with these websites or applications.
3.5 Recipes Disclaimer. Please note that Francium Chocolate does not formally test any recipes that may be provided on the Site (such recipes, the “Recipes”), and these Recipes are shared with Francium Chocolate by third parties. Francium Chocolate neither provides any assurances nor accepts any responsibility or liability with regard to the originality, quality, nutritional value, or safety of any of these Recipes. Francium Chocolate is not responsible for the results or outcome of any Recipe you may try from the Site or any other website that may be linked from the Site. Please use your best judgement when following recipes that may contain raw ingredients (e.g., eggs) or any substance that may cause adverse reaction in some consumers (e.g., food allergies) and/or seek expert advice before trying any Recipe if you are uncertain. You acknowledge and understand that your use of any recipes on this Site is voluntary and solely at your own risk. Except as expressly stated, Francium Chocolate is not endorsed by nor does Francium Chocolate endorse any other companies, organizations, or any of their affiliates.
4. SUBMISSIONS AND POSTINGS.
4.1 Submitted Content. You are solely responsible for the information, data and other content, including without limitation, photos, videos, audio, text and other content that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "Post") on the Site, through the Services, or publish or transmit to other users (collectively, the “Submitted Content”). You understand the Site is available to the public. Any information you consider confidential should not be Posted to the Site and you understand and agree that by Posting Submitted Content, it may reveal your identity and related information to others in the public. We cannot and do not screen Submitted Content provided by you or any other User to the Site or through the Services. Notwithstanding the foregoing, we reserve the right to monitor content on the Site and to remove content (including without limitation, Submitted Content), which we, in our sole discretion, determine to be harmful, offensive, or otherwise in violation of this Agreement or our operating policies. We reserve the right in our sole discretion to change such policies at any time without notice to any User. While it is not our intent to discourage you from reporting problems about the Services, nonetheless, we reserve the right to take such actions as it deems appropriate and/or to remove any content from the Site at any time, for any reason with or without notice to you (including without limitation, upon receipt of claims or allegations from third-parties or authorities relating to such content or if we are concerned that you may have breached any term of this Agreement), or for no reason at all.
4.2 License. By Posting any Submitted Content on the Site or as part of the Services, you automatically grant (or warrant that the owner of such content has expressly granted) to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, assignable, transferrable, sublicenseable (through multiple tiers), worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any Submitted Content, alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed, in connection with the Services. You further acknowledge and agree that your name, likeness, and/or biography may be associated with your Submitted Content and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, assignable, transferrable, sublicenseable (through multiple tiers), worldwide license to use your name, likeness, and/or biography in association with your Submitted Content. You agree you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submitted Content. You hereby agree to also grant each user a non-exclusive license to access your Submitted Content through the Site, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Site and under this Agreement. Further, when you Post any Submitted Content on the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the Posting and storage of the Submitted Content in order to provide the Services. You may remove any Submitted Content you Post from the Site and App at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of the Submitted Content. Excluding any Francium Content and subject to the foregoing license grants, you own all right, title and interest in and to your Submitted Content.
4.3 User Representations and Warranties. You represent, warrant and agree that you will not Post any Submitted Content or otherwise use the Services or the Site in a manner that: (a) infringes the intellectual property rights, proprietary rights, or rights of publicity or privacy, of any third-party; (b) violates any law, statute, ordinance or regulation; (c) is harmful, threatening, abusive, harassing (sexually or otherwise), tortious, defamatory, vulgar, racist, obscene, libelous, fraudulent, deceptive, misleading or otherwise objectionable; (d) causes the Site or Services to be used for commercial or business purposes, including without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website, application, or web pages; (e) contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); (f) provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18; (g) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; (h) Posts or transmits any message, data, image or program which is indecent, obscene or pornographic; and/or (i) deletes any author attributions, legal notices or proprietary designations or labels in any Submitted Content that you Post to the Site, App or via the Services.
4.4 Feedback. You may additionally provide us with comments, and feedback about the Site, App and/or Services. Any such comments or ratings you provide through the Site and/or App will collectively be referred to as “Feedback”. By providing Feedback to Francium Chocolate, you automatically grant to Francium Chocolate a perpetual, royalty-free, non-exclusive, irrevocable, assignable, transferrable, sublicenseable (through multiple tiers), unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any Feedback you submit to us. You agree that you shall have no recourse against Francium Chocolate or its affiliates for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback. You further acknowledge and agree that no compensation will be paid with respect to the use of your Feedback, as provided herein, and that Francium Chocolate may remove any Feedback we post on the Site or through the App at any time in our sole discretion. Further, when you provide Feedback, you authorize and direct Francium Chocolate to make such copies thereof as Francium Chocolate deems necessary in order to facilitate the Posting and storage of such Feedback on the Site.
5. LIABILITY LIMITATION. NOTWITHSTANDING THE ANYTHING TO THE CONTRARY HEREIN, WE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Site IS controlled and offered by US from OUR facilities in the United States of America. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
6. Copyright or Intellectual Property Infringement Notification. You can notify us of possible copyright infringement, and we will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit us to locate the material;
(d) Your contact information, including your address, telephone number, and email;
(e) A statement by you that you have 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
(f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at hello@franciumchocolate.com or to Francium Chocolate, Inc., 3057 Edinger Ave., Tustin, CA 92780.
7. Term and Termination. This Agreement will terminate immediately, without notice if you fail to comply with the terms of this Agreement. The provisions of Sections 1.2, 1.3, 3, 4, 5, 6, 7, 8, 9, and 10 shall survive any termination of this Agreement.
8. Privacy Rights. Francium Chocolate is firmly committed to protecting your privacy, the privacy of Users, and the information that Francium Chocolate gathers. In using the Site, you represent and agree that you will not use the Services to track or collect personally identifiable information of other visitors and users of the Site. For Francium Chocolate’s complete policy on privacy, please visit and review Francium Chocolate’s Privacy Policy at https://franciumchocolate.com/policies/privacy-policy and Cookie Policy at https://franciumchocolate.com/pages/cookies-policy.
9. No Waiver. No failure on the part of Francium Chocolate to enforce any part of this Agreement shall constitute a waiver of any of Francium Chocolate’s rights under this Agreement whether for past or future actions on the part of any person. Neither the receipt of any funds by Francium Chocolate’s nor the reliance of any person on Francium Chocolate’s actions shall be deemed to constitute a waiver of any part of this Agreement. Only a specific, written waiver signed by an authorized representative of Francium Chocolate shall have any legal effect whatsoever.
10. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Francium Chocolate and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Orange County, California, United States. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 3 and 5 are intended to benefit Francium Chocolate and its officers, directors, employees, agents, licensors, and suppliers. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
