Terms of Use
TheBraceletOfBordeaux.com is a family-friendly site owned by Papillon Productions, LTD. Please read these Terms of Use carefully
before using any of the Web sites operated by Papillon Productions, LTD. ("PP"). By accessing or using the PP Sites, you agree
to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the PP Sites.
Trademarks, Copyrights, and Restrictions
The PP Sites are controlled and operated by Papillon Productions, LTD ("Papillon", "we," "us," or "our"). If you wish to contact
us, you may contact us at REGISTER. All materials on the PP Sites ("Online Materials"), including, without limitation, names,
logos, trademarks, service marks, images, illustrations, audio clips, and video clips, are protected by copyrights and other
intellectual property rights owned and controlled by PP or by other parties that have licensed their material to PP. You may
download and retain only a single copy of the Online Materials, solely for your personal, non-commercial use. No Online Material
may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed in any way, or otherwise used for
any purpose without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise
modify the contents on the PP Sites. Any unauthorized attempts to modify any Online Material, to defeat or circumvent our
security features, or to utilize the PP Sites for other than their intended purposes are prohibited.
Linked Sites
We have provided links to related sites for your convenience ("Linked Sites"). We do not review or endorse Linked Sites in any
way whether or not PP is affiliated with the sponsors of a site. We are not responsible for the content of Linked Sites or any
off-site pages linked to the PP Sites. You access such linked sites and off-site pages at your own risk. It is up to you to
take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses,
worms, vermin, trojan horses, and other items of a destructive nature. Visitors to any Linked Sites are urged and expected to
abide by the Terms of Use and Privacy Policies of that particular Linked Site.
Submissions to PP Sites
You may only use PP Sites and their contents for lawful purposes and in accordance with applicable law and you are prohibited
from storing, distributing or transmitting any unlawful material through PP Sites. You may not collect or store personal
information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you
to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to PP Sites is
unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly
posted (other than by Papillon) or privately transmitted on or through PP Sites are the sole responsibility of the sender,
not Papillon, and that you are responsible for all material you upload, post or otherwise transmit to or through PP Sites.
Any notes, message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will become the
property of Papillon and Papillon shall be entitled to use such material for any type of use forever, including in any media
whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You
agree that you will not submit or otherwise publish through the PP Sites any content, or act in any way, which in Papillon's opinion:
(A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
(B) may infringe any intellectual property or other right of any entity or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in
commercial activity;
(E) disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time
activities via PP Sites;
(F) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
(G) includes MP3 format files;
(H) disobeys any policy or regulation established from time to time regarding use of PP Sites or any networks connected to PP Sites; or
(I) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.
We are not responsible for any material posted on the bulletin boards or in the chat areas conducted on the PP Sites. We will cooperate
with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone
posting materials in violation of any applicable federal, state, or local laws. We reserve the right in our sole discretion to remove
or disable access to any material posted on or to our site, including without limitation material posted by you to an PP Site message
board or chat room if we believe that material violates any of the above policies or infringes any intellectual property rights.
Furthermore, if we believe in our sole discretion that you have violated any of the terms of these Terms of Use, including specifically
but without limitation by posting or providing links to material which infringes intellectual property rights, we reserve the right
to terminate your access to the PP Sites.
Applicability of Online Materials
Unless otherwise specified, the Online Materials are presented solely for the purpose of entertaining users of this site in the
United States and its territories, and for promoting programs, films, and other products. The PP Sites are controlled and operated
by Papillon from its offices within the State of Texas. We make no representation that the Online Materials are appropriate or
available for use in other locations outside the United States. Those who visit the PP Sites from other locations do so on their
own initiative and are responsible for compliance with all applicable local laws. You specifically agree to comply with all applicable
laws, including without limitation those concerning the transmission of technical data exported from the United States or the country
in which you reside.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PP SITES, THE ONLINE MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED ON THE PP SITES IS AT
YOUR SOLE RISK. ALL ONLINE MATERIALS AND THE PRODUCTS AND SERVICES OFFERED ON THE PP SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAPILLON
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER PAPILLON, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE VENDORS,
AGENTS OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF PAPILLON'S WEB SITES WARRANT THAT THIS
SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PAPILLON OR THE SERVER THAT MAKES THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ ON PAPILLON'S WEB SITES IS PROVIDED FOR
ENTERTAINMENT AND PROMOTIONAL PURPOSES. PAPILLON DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIAL IN PAPILLON'S WEB SITES OR LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
PAPILLON MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN PAPILLON
SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND PAPILLON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF PAPILLON SITES. IF APPLICABLE LAW DOES NOT ALLOW THE
EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT PAPILLON, ITS AFFILIATED AND
SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF PAPILLON'S WEB SITE SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE OF ANY PRODUCT OR SERVICES ON THE PP
SITES OR FROM YOUR USE OF ANY ONLINE MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS THE PP SITES; OR (C) DEFECTS, DELAYS
IN OPERATION, TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON THE PP SITES OR THE INTERNET. IF APPLICABLE LAW DOES NOT
ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION OR OPINIONS INCLUDED AND/OR EXPRESSED IN
OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS OR OTHER FORUMS CONDUCTED ON THE PP SITES ("FORUMS") AND WE MAKE NO REPRESENTATIONS
OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT
OF FORUMS IS NOT THE RESPONSIBILITY OF PAPILLON. PAPILLON MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY
TIME IN ITS SOLE DISCRETION. ANY USE OF ANY PP SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS
AND LIMITATION ON LIABILITY SET OUT ABOVE.
Indemnification
You will indemnify and hold harmless Papillon, its parent, affiliated and subsidiary entities, and the successors, licensees, assigns,
officers and directors of each from and against any and all claims, losses and damages (including reasonable attorney's fees)
constituting and arising out of a breach of any of the provisions of these Terms of Use, including without limitation from your
placement or transmission of any content onto Papillon's servers, and/or from any and all use of any PP Sites.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to its provisions
regarding conflicts of law. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within
the State of Texas. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and
enforceability of any other provision. These Terms of Use set forth the entire agreement regarding all of the matters discussed herein.
Because these Terms of Use are subject to change and you will be legally bound by such changes, you should periodically visit this
section to review the current Terms of Use. We reserve the right to terminate this agreement at any time without notice for any reason.
™ & © 2006 Papillon Productions, Ltd. All rights reserved.
|