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Updated
April 8th 2010
Website Terms and Conditions,
Privacy
Policy & Copyright
Contents
1. Introduction
2. Information on the Website
3. Trade Marks
4. External Links
5. Public forums and User Submissions
6. Specific Use
7. Warranties
8. Disclaimer of Liability
9. Use of the Website
10. General
11. Privacy Policy
12. Copyright
This Website is one of a number owned and
operated by Nicolas Baron,
All Terms, Privacy & Copyright apply to all sites owned and operated by
Nicolas Baron
Please use your 'back arrow' to return to the site you were visiting,
Thank you.
1. Introduction
The Website Owner, including subsidiaries and
affiliates ("Website" or "Website Owner" or "we" or "us" or "our")
provides the information contained on this website or any of the pages
comprising the website ("website") to visitors ("visitors")
(cumulatively referred to as "you" or "your" hereinafter) subject to the
terms and conditions set out in these website terms and conditions, the
Privacy policy and any other relevant terms and conditions, policies
and notices which may be applicable to a specific section or module of
this website.
2. Information on the Website
Whilst every effort is made to update the
information contained on this website, neither the Website Owner nor any
third party or data or content provider make any representations or
warranties, whether express, implied in law or residual, as to the
sequence, accuracy, completeness or reliability of information,
opinions, any share price information, research information, data and/or
content contained on the website (including but not limited to any
information which may be provided by any third party or data or content
providers) ("information") and shall not be bound in any manner by any
information contained on the website. the Website Owner reserves the
right at any time to change or discontinue without notice, any aspect or
feature of this website. No information shall be construed as advice and
information is offered for information purposes only and is not intended
for trading purposes. You and your company rely on the information
contained on this website at your own risk. If you find an error or
omission at this site, please let us know.
admin@be-in-love-again.com
3. Trade Marks
The trade marks, names, logos and service marks
(collectively "trade marks") displayed on this website are registered
and unregistered trade marks of the Website Owner. Nothing contained on
this website should be construed as granting any licence or right to use
any trade mark without the prior written permission of the Website
Owner.
4. External Links
External links may be provided for your
convenience, but they are beyond the control of the Website Owner and no
representation is made as to their content. Use or reliance on any
external links and the content thereon provided is at your own risk.
When visiting external links you must refer to that external websites
terms and conditions of use. No hypertext links shall be created from
any website controlled by you or otherwise to this website without the
express prior written permission of the Website Owner. Please contact us
admin@be-in-love-again.com
if you would like to link to this website
or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any
material submitted to the public areas by you (which include bulletin
boards, hosted pages, chat rooms, or any other public area found on the
website. Any material (whether submitted by you or any other user) is
not endorsed, reviewed or approved by the Website Owner. The Website
Owner reserves the right to remove any material submitted or posted by
you in the public areas, without notice to you, if it becomes aware and
determines, in its sole and absolute discretion that you are or there is
the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten
or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or
disseminate any defamatory, obscene, indecent or unlawful material or
information;
5.3 post or upload files that contain
viruses, corrupted files or any other similar software or programs
that may damage the operation of the Website Owner's and/or a third
party's computer system and/or network;
5.4 violate any copyright, trade mark,
other applicable Australian or international laws or intellectual
property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or
promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send
or post any message or material that is unlawful, harassing, defamatory,
abusive, indecent, threatening, harmful, vulgar, obscene, sexually
orientated, racially offensive, profane, pornographic or violates any
applicable law and you hereby indemnify the Website Owner against any
loss, liability, damage or expense of whatever nature which the Website
Owner or any third party may suffer which is caused by or attributable
to, whether directly or indirectly, your use of the website to send or
post any such message or material.
7. Warranties
The Website Owner makes no warranties,
representations, statements or guarantees (whether express, implied in
law or residual) regarding the website, the information contained on the
website, your or your company's personal information or material and
information transmitted over our system.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and
disclaims all liability for any loss, liability, damage (whether direct,
indirect or consequential), personal injury or expense of any nature
whatsoever which may be suffered by you or any third party (including
your company), as a result of or which may be attributable, directly or
indirectly, to your access and use of the website, any information
contained on the website, your or your company's personal information or
material and information transmitted over our system. In particular,
neither the Website Owner nor any third party or data or content
provider shall be liable in any way to you or to any other person, firm
or corporation whatsoever for any loss, liability, damage (whether
direct or consequential), personal injury or expense of any nature
whatsoever arising from any delays, inaccuracies, errors in, or omission
of any share price information or the transmission thereof, or for any
actions taken in reliance thereon or occasioned thereby or by reason of
non-performance or interruption, or termination thereof.
9. Use of the Website.
The Website Owner does not make any warranty or
representation that information on the website is appropriate for use in
any jurisdiction (other than Australia ). By accessing the
website, you warrant and represent to the Website Owner that you are
legally entitled to do so and to make use of information made available
via the website.
10. General
10.1 Entire Agreement.
These website terms and conditions constitute the
sole record of the agreement between you and the Website Owner in
relation to your use of the website. Neither you nor the Website Owner
shall be bound by any express tacit or implied representation, warranty,
promise or the like not recorded herein. Unless otherwise specifically
stated these website terms and conditions supersede and replace all
prior commitments, undertakings or representations, whether written or
oral, between you and the Website Owner in respect of your use of the
website.
10.2 Alteration
The Website Owner may at any time modify any
relevant terms and conditions, policies or notices. You acknowledge that
by visiting the website from time to time, you shall become bound to the
current version of the relevant terms and conditions (the "current
version") and, unless stated in the current version, all previous
versions shall be superseded by the current version. You shall be
responsible for reviewing the then current version each time you visit
the website.
10.3 Conflict.
Where any conflict or contradiction appears
between the provisions of these website terms and conditions and any
other relevant terms and conditions, policies or notices, the other
relevant terms and conditions, policies or notices which relate
specifically to a particular section or module of the website shall
prevail in respect of your use of the relevant section or module of the
website.
10.4 Waiver.
No indulgence or extension of time which either
you or the Website Owner may grant to the other will constitute a waiver
of or, whether by estoppel or otherwise, limit any of the existing or
future rights of the grantor in terms hereof, save in the event or to
the extent that the grantor has signed a written document expressly
waiving or limiting such rights.
10.5 Cession.
The Website Owner shall be entitled to cede,
assign and delegate all or any of its rights and obligations in terms of
any relevant terms and conditions, policies and notices to any third
party.
10.6 Severability.
All provisions of any relevant terms and
conditions, policies and notices are, notwithstanding the manner in
which they have been grouped together or linked grammatically, severable
from each other. Any provision of any relevant terms and conditions,
policies and notices, which is or becomes unenforceable in any
jurisdiction, whether due to voidness, invalidity, illegality,
unlawfulness or for any reason whatever, shall, in such jurisdiction
only and only to the extent that it is so unenforceable, be treated as
pro non-scripto and the remaining provisions of any relevant terms and
conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and
notices shall be governed by and construed in accordance with the Laws
of Australia without giving effect to any principles of conflict
of law. You hereby consent to the exclusive jurisdiction of the High
Court of Australia in respect of any disputes arising in
connection with the website, or any relevant terms and conditions,
policies and notices or any matter related to or in connection
therewith.
10.8 Comments or Questions.
If you have any questions, comments or concerns
arising from the website, the
privacy policy or any other relevant terms and conditions, policies
and notices or the way in which we are handling your personal
information please contact us:
admin@be-in-love-again.com
11. Privacy Policy
Privacy Notice Table Of Contents:
Our Commitment To Privacy
The Information We Collect
How We Use Information
Our Commitment To Data Security
Our Commitment To Children's Privacy
How To Access Or Correct Your Information
How To Contact Us
Our Commitment To Privacy
Your privacy is important to us. To better protect
your privacy we provide this notice explaining our online information
practices and the choices you can make about the way your information is
collected and used. To make this notice easy to find, we make it
available on our homepage and at every point where personally
identifiable information may be requested.
The Information We Collect:
This notice applies to all information collected
or submitted on this website. On some pages, you can order products,
make requests, and register to receive materials. The types of personal
information collected at these pages are:
Name
Email address
On some pages, you can submit information about other people. For
example, if you order a gift online and want it sent directly to the
recipient, you will need to submit the recipient's address. In this
circumstance, the types of personal information collected are:
Name
Email
Address
The Information We DON'T Collect:
Credit/Debit Card Information
Home Address
Phone Number
The Way We Use Information:
We use the information you provide about yourself
when placing an order only to complete that order. We do not share this
information with outside parties except to the extent necessary to
complete that order.
We use the information you provide about someone
else when placing an order only to ship the product and to confirm
delivery. We do not share this information with outside parties except
to the extent necessary to complete that order.
We offer gift-cards by which you can personalize a
product you order for another person. Information you provide to us to
create a gift-card is only used for that purpose, and it is only
disclosed to the person receiving the gift.
We use return email addresses to answer the email
we receive. Such addresses are not used for any other purpose and are
not shared with outside parties.
You can register with our website if you would
like to receive our catalog as well as updates on our new products and
services. Information you submit on our website will not be used for
this purpose unless you fill out the registration form.
We use non-identifying and aggregate information
to better design our website and to share with advertisers. For example,
we may tell an advertiser that X number of individuals visited a certain
area on our website, or that Y number of men and Z number of women
filled out our registration form, but we would not disclose anything
that could be used to identify those individuals.
Finally, we never use or share the personally
identifiable information provided to us online in ways unrelated to the
ones described above without also providing you an opportunity to
opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data
accuracy, and ensure the correct use of information, we have put in
place appropriate physical, electronic, and managerial procedures to
safeguard and secure the information we collect online.
Our Commitment To Children's Privacy:
Protecting the privacy of the very young is
especially important. For that reason, we never collect or maintain
information at our website from those we actually know are under 13, and
no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information
You can access all your personally identifiable
information that we collect online and maintain by sending us an
email:
admin@be-in-love-again.com
We use this procedure to better safeguard your information.
You can correct factual errors in your personally
identifiable information by sending us a request that credibly shows
error.
To protect your privacy and security, we will also
take reasonable steps to verify your identity before granting access or
making corrections.
How To Contact Us
Should you have other questions or concerns about
these privacy policies, please contact us:
12. Copyright
Copyright Notice Effective 1 Jan 2010
Copyright © 2008-2010 DigitalMegaStore.net &
NicolasBaron.com
All aspects of this web site – design, text,
graphics, applications, software, underlying source code and all other
aspects – are copyright
DigitalMegaStore.net &
Nicolas Baron 2008 and
its affiliates or content and technology providers.
In accessing these web pages, you agree that any
downloading of content is for personal, non-commercial reference only
unless stated in individual products terms. No part of this web site may
be reproduced or transmitted in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise, without prior
permission of the Website Owner.
For rights clearance please contact us here
admin@be-in-love-again.com
TradeMarks
TradeMarks are covered in Section 3. Trade Marks
section. Please see also our Section 11. Privacy Policy.
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