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Terms and Conditions of Use
PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using
this site, you are deemed to have agreed to these terms and conditions of use. I
reserve the right to modify them at any time. You should check these terms
and conditions periodically for changes. By using this site after I post any
changes to these terms and conditions, you agree to accept those changes,
whether or not you have reviewed them. If at any time you choose not to accept
these terms and conditions of use, please do not use this site.
Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and services
owned or operated by Jean Counet and affiliated companies, including companies
controlled by Jean Counet including and any other site that I have owned
or operated, do own and operate or may own or operate in the future (collectively,
the "Sites"). Unless I say otherwise, all references to the
Sites in these terms and conditions include all such sites. These terms and
conditions do not apply to your use of unaffiliated sites to which any of the
Sites only links.
Restrictions on Use of Materials
The contents of my sites are protected by copyright and trademark laws, and are
the property of it's owner. Unless I say otherwise, you may access the
materials located within the Sites only for your personal use. This means you
may download one copy of posted materials on a single computer for personal,
noncommercial home use only, so long as you neither change nor delete any author
attribution, trademark, legend or copyright notice. When you download
copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way
exploit the content of the Sites. Only if you obtain prior written consent from
me — and from all other entities with an interest in the relevant intellectual
property — may you publish, display or commercially exploit any material from
the Sites.
You must abide by all additional copyright notices or other restrictions
contained in any of the Sites.
Links
These terms and conditions apply only to the Sites, and not to the sites of any
other companies or organizations, including those to which any of the Sites may
link. I am not responsible for the availability of any other site to which any
of the Sites links. I do not endorse or take responsibility for the contents,
advertising, products or other materials made available through any other site.
Under no circumstances will I be held responsible or liable, directly or
indirectly, for any loss or damage that is caused or alleged to have been caused
to you in connection with your use of, or reliance on, any content, goods or
services available on any other site. You should direct any concerns to that
site's administrator or webmaster.
Other sites may link to any of the Sites only through a plain-text link.
Permission must be granted by me for any other type of link to the Sites. To
seek our permission, you may write to Jean Counet: [email protected].
I reserve the right, however, to rescind any permission granted by me to link
through a plain-text link or any other type of link, and to require termination
of any such link to any of the Sites, at my discretion at any time.
Submissions
I welcome your comments about any of the Sites. However, unless a site has set
up a specific submissions policy, I will not review or consider any unsolicited
creative submissions. I hope you will understand that this policy is intended
to avoid the possibility of future misunderstandings in the event that projects
developed by me might seem to others to be similar to their
own creative work. Accordingly, I must ask that you not send me any original
creative ideas, suggestions or materials. If, despite my request, you send me
any creative idea, suggestion or material ("Submission"), it shall
become my property. No Submission will be subject to any obligation of
confidence by me, and I will not be liable for any use or disclosure of any
Submission. I will exclusively own all known or later-existing rights to the
Submission worldwide, and will be entitled to the unrestricted use of the
Submission for any purpose, without compensation to the provider of the
Submission.
If you are submitting something to a site or my e-mail: [email protected]
that has set up a submissions policy,
please consult that site for its specific requirements.
Forums
A "forum" means any message board, chat room, user review forum or
other interactive service appearing on any of the Sites and includes both public
boards and private folders. You must register in accordance with instructions
that you will find on the Sites in order to contribute to any forum. You may not
post on any forum, or send to any other forum user or myself, any material
that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene,
invades a person's privacy, violates any intellectual or other property rights,
or that would otherwise violate any law. You may not use any forum in a
commercial manner. You may not post material that solicits funds, or that
advertises or solicits goods or services. You may not post material known to be
false. You may not post messages that contain stock touts. You may not post or
transmit any information, software or other material that contains a virus or
other harmful component.
I am not responsible for material appearing in any forum on the Sites, except
for material signed by myself or an iidentified representatives. I am not
responsible for screening material posted by users for libel, obscenity,
invasion of privacy, copyright or trademark infringement, accuracy, or for any
other reason. I retain, however, the right to modify or remove messages or
other material that I, in my sole discretion, consider infringing, offensive,
abusive, defamatory, obscene, stale, or otherwise unacceptable. I also reserve
the right to edit materials, or e-mails sent to [email protected] for any other reason. Whether or not I modify or
remove such material, users remain solely responsible for the content of their
messages or postings.
By posting on the Sites, you grant (or warrant that the owner of such rights has
expressly granted) me and/or relevant affiliated companies the worldwide,
perpetual, nonexclusive right to use your questions, comments, and postings, in
their original or edited form, in television programs, books, articles,
commentaries, or in any other medium now known or later developed. You also
warrant that you own or otherwise control all of the rights to the content you
have posted and that the public posting and use of such content by us will not
infringe the rights of any third party. Additionally, you warrant that any
"moral rights" in posted materials have been waived.
You are not entitled to any compensation for any materials you may post on the
Sites.
I may, at my discretion, suspend or terminate the registration of any forum
user who violates any of these terms and conditions of use, any of the member
guidelines or for any other behavior that we in our discretion believe is
inappropriate.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER ME NOR ANY OF MY RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY
FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER ME NOR ANY OF MY RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES,
PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT ME OR ANY OF MY RESPECTIVE LICENSORS OR
SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
I do not endorse, warrant or guarantee any products or services offered on the
Sites. I am not a party to, and do not monitor, any transaction between users
and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL I OR
ANY OF MY LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON
THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE
TOTAL LIABILITY TO YOU BY ME OR ANY OF MY LICENSORS OR SUPPLIERS FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU TO ME, IF ANY, FOR ACCESSING THE SITES.
No Personal Advice
The information contained in or made available through the Sites (including but
not limited to information contained on message boards, in text files, or in
chats) cannot replace or substitute for the services of trained professionals in
any field, including, but not limited to, financial, medical, or legal matters.
In particular, you should regularly consult a doctor in all matters relating to
physical or mental health, particularly concerning any symptoms that may require
diagnosis or medical attention. I and my licensors or suppliers make no
representations or warranties concerning any treatment, action, or application
of medication or preparation by any person following the information offered or
provided within or through the Sites. Neither me nor my partners, or any of
their affiliates, will be liable for any direct, indirect, consequential,
special, exemplary or other damages that may result, including but not limited
to economic loss, injury, illness or death.
Parental Permission
Some of the information available on the Sites concerns the topic of sex and may
not be appropriate for children. Further, the Sites are not directed to children
under the age of 13 and we will not knowingly collect personally identifiable
information from children under 13. I STRONGLY RECOMMEND THAT PARENTS
PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE
SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE
INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
I may, at my discretion, require users under 18 to obtain the consent of a
parent or guardian to view certain content, and I may limit access to certain
content to users above a specified age. You agree to abide by any such
restrictions, and not to help anyone avoid these restrictions.
I reserve the right to charge fees, surcharges and/or membership fees for all
or any of its services currently provided for free at any time upon thirty (30)
days' prior written notice to you.
Privacy Policy
I am committed to protecting your privacy and security and have explained in
detail the steps I take to do so. I urge you to read my Privacy Policy.
Jurisdictional Issues
I control and operate this site from The European Union. I do not represent that
materials on the site are appropriate or available for use in other locations.
Persons who choose to access this site from other locations do so on their own
initiative, and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
Miscellaneous
These terms will be governed by and construed in accordance with the laws of the
European Union, without regard to any principles of conflicts of law. You
agree that any action at law or in equity that arises out of or relates to these
terms will be subject to binding arbitration in accordance with the European
Union Arbitration Association and will be arbitrated in the European Union. If any of these
terms and conditions are found unlawful, void, or for any reason unenforceable,
then that provision will be considered severable from the remaining terms and
conditions, and will not affect the validity and enforceability of the remaining
provisions. This is the entire agreement between you and me relating to the
subject matter it contains. This agreement may be modified only by my posting
of changes to these terms and conditions, or by a writing signed by both parties.
Jean Counet, april 2004 |