Terms of Use - Francisco Whitmars

Thank you for using Francisco Whitmars. Our site offers a means for people around the world to create and join their own Q&A community site for like minded people.

The Qhub service is one that provides users with the facilities to easily create, manage and maintain their own Q&A community site via the Qhub system.

The ‘Terms of Use’ are applicable to every Owner and User of Francisco Whitmars and any Qhub community site. This is anyone that creates a site using Qhub (Owners) and all those that become part of Francisco Whitmars (Users).

These Terms of Use set out Francisco Whitmars rules, policies and guidelines of the site for both Owners and Users and specify Qhub’s accepted standard of use.

Qhub is a trading name for R&M Millar Holdings Pty Ltd ATF Millar Family Trust.

Qhub reserve the right to amend the terms of use at any time.

1. Your Acceptance to these Terms of Use

In agreeing to these Terms of Use you are accepting and acknowledging that you understand that Qhub is the system provider and overall controller of Francisco Whitmars. Therefore, acceptance of these Terms of Use on one site equates to the agreement to adhere to the same Terms of Use on all Qhub sites.

You acknowledge and agree that you are more than 13 years of age and are fully able to enter into and that you will adhere to these Terms of Use. As Francisco Whitmars is not intended for any person under the age of 13, Qhub and Francisco Whitmars reserves the right to remove any user found to be less than 13 years immediately.

Qhub will not tolerate the creation or posting of any site or content which refers to or contains Pornographic, Offensive, Gambling related or copyright infringing material. Any site referring to or containing any information relating to the subjects mentioned above will be shut down immediately and without notice.

The FIRST time you violate the rules, you (Owner and/or User) will be banned from using all Qhub sites. You will not receive a warning. You will not get a second chance.

You must read the privacy policy prior to using Francisco Whitmars along with our code of conduct.

2. Definition of terms for Qhub

  • "Terms" means the Terms of Use that you are to acknowledge prior to use of the Qhub sites and communities.
  • "Qhub" is the brand name for "Qhub.com" which operated as a closed group Q&A website facility which individuals can use to set up their own individual, specified community within.
  • "Us" "We" and "Our" refers to Qhub the company and employees.
  • "The Company" means Qhub as an organisation and excludes employees.
  • "You" refers to the user/visitor to any Qhub site or page.
  • "Owner" and "Creator" means the person that has established and set up a community within the Qhub facility - creating their own dedicated Q&A group or community.
  • "You" refers to you as the user, owner or visitor to any Qhub site, page or content.
  • "User" refers to the users/members that are visiting, posting, commenting, and interacting with any community set up by an Owner or by Qhub themselves.
  • "Posting", "Creating" refers to any content added to any of the Qhub community sites whether this is an image, text, links, videos or photos.
  • "Site" means the website that is being referred to such as Qhub.com or any of its community sites that have been established by an Owner.
  • "Content" means anything added, posted, uploaded or written to any Qhub community site. Content could be an image, text, photographs, links, videos, sounds, files, logo’s, messages, or anything else added to any of the Qhub sites.

3. Site Content

Qhub do not guarantee the correctness or completeness of any material on any community site created. The material on all sites is posted and managed by the Owner of Francisco Whitmars and may be out of date, or incorrect. Qhub make no commitment to ensure that this material is correct or up to date.

Qhub may make changes to the material on our websites and may update, amend and develop the Qhub system at any time and without notice.

4. Site Up-time

Qhub takes all reasonable steps to ensure that Francisco Whitmars is available 24 hours, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore Qhub.com will not be liable if Qhub.com or Francisco Whitmars is unavailable at any time.

Francisco Whitmars may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give Owners and Users advance warning of maintenance issues but shall not be obliged to do so.

5. Creative Commons License

Qhub has granted a Creative Commons License ("Creative Commons License") to Francisco Whitmars's content in terms of an Attribution license.

Information on the Attributions license, allowing others to distribute, remix and build upon any works posted to any Francisco Whitmars, Creative Commons Licenses and compliance with them, can be found via the Creative Commons website www.creativecommons.org.

6. Feedback and development

Qhub acknowledge and may act upon feedback given from Owners and Users. If you choose to provide Qhub with site feedback, you are assigning all ownership of such feedback to us. You acknowledge that we will be entitled to use and implement any feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.

7. Copyright

Copyright and other relevant intellectual property rights exists on all text relating to Qhub’s services and the full content of Francisco Whitmars's website. For further information on Copyright law, please see www.copyrightservice.co.uk/copyright/p01_uk_copyright_law or www.copyrightservice.co.uk/copyright/p08_berne_convention.

8. Trademark

Qhub’s logo is in the process of becoming a registered trademark of R&M Millar Holdings Pty Ltd ATF Millar Family Trust in the United Kingdom and other countries.

9. Governing Jurisdiction

This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

10. Third party data

Qhub nor Francisco Whitmars will not sell or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent to you by Qhub will only be in connection with the Qhub service and products with the option to ‘unsubscribe’ to future notifications.

Any links to third party websites found on any Qhub or community sites are provided for your convenience or as advertising links only. We have not reviewed each third party website or link and take no responsibility for them or their content.

We do not endorse the third party websites or any material contained in them. If you choose to access a third party website linked from any Qhub website, you do so at your own risk.

11. Log Files

Qhub analyze the trends of website usage. Our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. None of this analysis gives any personally identifiable data, and is solely used for administration and monitoring purposes.

12. Cookies

Qhub and Francisco Whitmars use cookies to enable us to retrieve details for each site visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of third party sites (Advertisers) may also use cookies. Qhub uses third party advertising companies that may collect information about other sites you have visited in order to display appropriate advertisements on Qhub.

13. Code of conduct

Qhub expect all Owners and Users to adhere to the Code of Conduct when using any Qhub community site. You must read the Code of Conduct prior to creating a Qhub community site or using one.

Qhub will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to Francisco Whitmars.

14. Indemnity

You agree to defend, indemnify, and hold Qhub, our staff, directors, or any third party associated with Qhub harmless from and against any claims, liabilities, damages, losses and any expense fees or costs arising that may be in any way connected with: (i) your access to or use of Francisco Whitmars; (ii) your violation of the Qhub Terms of Use; (iii) your violation of any third party right, terms or damage, or (iv) any claim that your content caused damage to a third party, including, without limitation, claims that your content is infringing.

15. Representations and Warranties

You hereby represent and warrant to Qhub that: You will comply with all applicable local, state, national and international laws, rules, and regulations when using Francisco Whitmars. This is inclusive of any promotion or communication regarding your community site. You own or have all necessary rights, title and interest in any contribution you make to Francisco Whitmars and that you share these rights with Qhub when those contributions are posted. You will not infringe or violate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property right. You will not slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person. None of your contributions to Francisco Whitmars contain any computer programming viruses or routines that may potentially damage or interfere with the Qhub system or any system data or personal information.

16. Liability

Qhub takes no responsibility or liability for any kind of loss or damage to you or any third party as a result of the use of its websites.

Nothing in these Terms of Use shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

17a. For Users

Francisco Whitmars is a community site under Qhub.com. It is managed and maintained by Francisco Whitmarsh who is the ‘Community Site Owner’.

To use this website, you are acknowledging and accepting the following terms:

  • That you are over 13 years of age
  • That you have read and will adhere to the Code of Conduct for Users
  • That you have read and agree with the Qhub Privacy Policy
  • When registering with Francisco Whitmars, it is solely the responsibility of you as a User to ensure that any passwords remain private and are not given out to others at any time.
  • You must adhere to Copyright, Trademark and other relevant intellectual property rights on all contributions posted or linked to Francisco Whitmars including the services and the full content of this website.
  • Users are responsible for the content of all of their contributions, however the Owner of Francisco Whitmars has the sole responsibility to remove any content, contributions and/or Users deemed by them to be acting inappropriately, illegally or simply not in accordance to these terms.
  • As a User, your User information is accessible by both R&M Millar Holdings Pty Ltd ATF Millar Family Trust, trading as Qhub and the Francisco Whitmars site Owner. You may receive communication from either party in the form of emails, invites, newsletters and the likes.
  • It is up to you as the User to report unauthorized or illegal activity within your account immediately - this should be done via the Community Owner.
  • Any User may unsubscribe from their Qhub account(s) at any time via their profile pages. On selection of ‘unsubscribe’ the account will be instantly set to not-active.
  • Users must adhere to all Copyright, Trademark and intellectual property rights at all times when using Francisco Whitmars.

17b. For Qhub Community Owners

When a Qhub community site is established, you are able to set up subdomains for that site which you as the owner will be responsible for in terms of maintenance and promotion.

In creating Francisco Whitmars, you are acknowledging and accepting the following terms:

  • That Qhub reserves the right to remove Francisco Whitmars at any point without prior notice or liability.
  • Any individual may set up a maximum of 10 Qhub community sites at any time. To create additional community sites after this 10 will require the cancellation/deletion of an existing community site established by that individual.
  • Francisco Whitmars is for personal and non-commercial usage only. To modify, change, distribute or reproduce the Qhub system in any form, you must have permission from R&M Millar Holdings Pty Ltd ATF Millar Family Trust (trading as Qhub) in advance.
  • Qhub owns all rights, titles and interest in content in Francisco Whitmars's site, including without limitation any patent, copyright, trademark, trade secret and other proprietary rights, renewals, extensions and restorations.
  • You agree to not remove, obscure, or amend copyright notices, trademarks, or other proprietary rights notices within the Qhub system.
  • As the site owner of Francisco Whitmars, you are entirely responsible for all content that is uploaded, posted, emailed and otherwise made available via Francisco Whitmars. Qhub the company, do not monitor or control content posted and we take no responsibility this content.
  • Francisco Whitmars must receive activity within a 90 day period. Inactivity of more than 90 days will result in the site being de-activated.
  • As the Owner, you must log in at least once every 90 days. Qhub reserve the right to remove Francisco Whitmars fi you fail to access the site in this period. Qhub may pass ownership of Francisco Whitmars to someone else if regular access is not maintained as specified here.
  • Promotion of Francisco Whitmars is solely the responsibility of each Owner. Qhub takes no responsibility for any promotional management of any community site.
  • On cancellation of Francisco Whitmars, you as the Owner will no longer have any rights to access the data within that Site. This includes all content and user data. Qhub are not obliged to migrate or provide this information to you once Francisco Whitmars has been cancelled.
  • If content is deleted from Qhub the company’s server, it may remain in our archives (but we have no obligation to archive or back-up member data or content).
  • On Francisco Whitmars, Qhub the company, have the exclusive right to sell, run and/or serve third-party advertising via an ad-server service such as Google AdSense. As a site Owner, you agree to this unless previously agreed with Qhub The Company.
  • Any changes made to the system will be applied automatically to each community site.

Contact Qhub

R&M Millar Holdings Pty Ltd ATF Millar Family Trust, trading as Qhub.com, 5a Market Street, North Walsham, Norfolk, NR28 9BZ, England. Tel +44 (0)1692 403531