Acceptance of Terms
This Belle Provence Web site (this “Site”) is provided subject to the terms and conditions set forth below (the “Terms”), in addition to, and not in limitation of, the provisions of any other agreement you may enter into with Belle Provence.
Belle Provence may modify these Terms from time to time and without notice, effective immediately upon posting on this Site. Your continued access or use of this Site shall constitute acceptance of such modifications of the Terms. Belle Provence has the right to terminate your access or use of this Site at any time without notice.
Personal & Non-Commercial Use Limitation
Unless otherwise specified, the Site is 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 Site.
Use of Services
The Site may contain e-mail services, bulletin board services, chat areas, forums, and/or other message or communication facilities designed to enable you to communicate with Belle Provence and with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
? Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
? Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
? Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
? Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
? Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
? Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
? Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
? Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
? Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
? Restrict or inhibit any other user from using and enjoying the Communication Services.
? Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
? Harvest or otherwise collect information about others, including e-mail addresses.
? Violate any applicable laws or regulations.
? Create a false identity for the purpose of misleading others.
? Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Belle Provence has no obligation to monitor the Communication Services. However, Belle Provence reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Belle Provence reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Always use caution when giving out any personally identifiable information about yourself or your family in any Communication Services. Belle Provence does not control or endorse the content, messages or information found in any Communication Services and, therefore, Belle Provence specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or otherwise prohibited by these terms, conditions and notices. You may not use the Site in any manner that could damage, disable, overburden or impair any Belle Provence server or the network(s) connected to any Belle Provence server. You may not use this Site in any manner that may adversely affect this Site’s resources or the availability of this Site to others. You may not attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems or networks connected to any Belle Provence server, 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 Site.
Materials Provided to Belle Provence or Posted at Any Belle Provence Web Site
Some parts of this Site may allow you to post or to e-mail to Belle Provence materials or information (”Visitor Content”). Other parts of this Site allow you to access or use Visitor Content posted or e-mailed by other visitors to this Site. You grant Belle Provence the unrestricted right to use or distribute, free of charge, any Visitor Content posted on this Site by you. You may not submit or post any material or information which is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations or mass mailings or any form of “spam.” You may not use a false e-mail address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post.
Belle Provence may review, remove or edit any Visitor Content at its discretion. Belle Provence has no responsibility and assumes no liability for Visitor Content posted by you or by any other party.
Belle Provence does not claim ownership of the materials you provide post, upload, input, submit or otherwise provide to the Site (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (”Posting”) your Submission you are granting Belle Provence, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Belle Provence is under no obligation to post or use any Submission you may provide and Belle Provence may remove any Submission at any time in its sole discretion.
You are responsible for all software and equipment necessary to access and use this Site, including all related expenses.
Notice Specific to Documents Available on the Web Site
Permission to use documents from the Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the belleprov.com Web site or any other Belle Provence owned, operated, licensed or controlled site. Elements of Belle Provence Web sites are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Belle Provence Web site may be copied or retransmitted unless expressly permitted by Belle Provence.
BELLE PROVENCE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. ALL SUCH DOCUMENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BELLE PROVENCE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BELLE PROVENCE 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 INFORMATION AVAILABLE FROM THE SITE.
THE DOCUMENTS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BELLE PROVENCE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
THE MATERIALS LOCATED ON THIS SITE ARE PROVIDED “AS IS ,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
BELLE PROVENCE SHALL HAVE ABSOLUTELY NO LIABILITY (WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE AND STRICT LIABILITY AND FAULT) OR OTHER THEORY) FOR ANY DIRECT OR INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE USE OF THE BELLE PROVENCE WEB SITE, ANY OTHER LINKED WEB SITE OR THE INTERNET GENERALLY, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS, OR DATA, EVEN IF BELLE PROVENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BELLE PROVENCE 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 SITE.
Without limitation, this means that Belle Provence makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Materials or that the Materials may be relied upon for any reason, that the Materials will be uninterrupted or error free, or that any defects can be or will be corrected. For purposes of this section, ‘ Belle Provence ‘ shall include Belle Provence, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software and any other material or information used in connection with this Site (the Belle Provence “Content”); the selection, arrangement, and presentation of all Belle Provence Content (including information in the public domain); and the overall design of this Site are the property of Belle Provence and protected by U.S. and international copyright laws. Belle Provence grants you a personal, non-transferable, non-exclusive limited license to access this Site solely for: (a) your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices there from; or (b) as expressly permitted under any Agreement currently in effect between you and Belle Provence. Any other copying, use, distribution or modification of Belle Provence Content or any other property of Belle Provence, whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of Belle Provence.
Belle Provence and any other names of Belle Provence or its Web sites, publications, products, content or services referenced on this Site are the exclusive trademarks or service marks of Belle Provence, including without limitation the “look and feel” of this Site and the color combinations, layout and other graphical elements of this Site. You may not use Belle Provence’s trademarks in any manner without the express, written permission of Belle Provence. Other product and company names that appear on this Site may be subject to trademark or other rights of other parties.
Links to Other Web Sites
Belle Provence has no control over other Web sites or other resources accessed through links on this Site. Any such links are provided for your convenience only, and do not constitute an endorsement of the linked site(s) or content by Belle Provence. Belle Provence makes no guarantees and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness or appropriateness of these sites, the information contained in them or the products or services they provide. Belle Provence shall not be liable, directly or indirectly, for any damage or loss incurred by you in connection with web sites or resources accessed through links on this Site.
Linking to & Framing this Web Site
You may not frame any Belle Provence Content or use any trademark, logo or other proprietary information on this Site, without Belle Provence’s express written consent. You may not use Belle Provence’s name or trademarks in any meta-tags or other hidden text without the express written consent of Belle Provence. You may not link to this Site without the prior express written consent of Belle Provence. Belle Provence reserves the right to demand you remove any such link at any time, for any or no reason, and at Belle Provence’s sole discretion.
Governing Law & Disputes
These Terms, and any dispute that may arise between you and Belle Provence, will be governed by the laws of the State of Washington without regard to conflict of laws principles. The Terms, as may be amended from time to time, set forth the entire understanding between you and Belle Provence as to the subject matter of the Terms, unless otherwise specifically provided under a written agreement, and supercede any prior agreements between you and Belle Provence, whether oral or written, as to the subject matter of the Terms. Jurisdiction and venue will be in the courts of King County, Washington for any disputes arising out of or relating to these Terms.
If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Belle Provence. Belle Provence may assign its rights and duties under the Terms to any party, at any time, without notice. Belle Provence reserves all rights not expressly granted in these Terms.
If you have any questions about our legal policies, please feel free to contact us.