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User Agreement
Site Submission Rules
PRIVACY POLICY
Our Privacy Policy was developed as an extension
of our commitment to combine quality products
and services with integrity in dealing with our
users. The Policy is designed to assist you in
understanding how we collect, use and safeguard
the personal information you provide to us and
to assist you in making informed decisions when
using our site and our products and services.
When you visit our site you may provide us with
two types of information: personal information
you actively choose to disclose (“Active
Information”) and use information collected,
in a way not visible to you, on an aggregate
anonymous basis as you and others browse our
site (“Passive Information”).
No person under 13 should disclose information
on this site. You may learn more about protecting
children’s privacy online by visiting www.ftc.gov/kidzprivacy.
In order to buy our products of the site (become
a “user”), we require you to disclose
the following information: Name, Last Name, Phone
#, Email address, Billing address, shipping address(es),
credit card information and tax exemption number
If you choose to post information on our site
or maintain email, snailmail or telephone contact
with us, we may retain such information also.
Our site utilizes a standard technology called “cookies” to
collect information about how our site is used.
Passive Information gathered may include the
date and time of visits, the site pages viewed,
time spent at our site, the sites visited just
before and just after our site. Passive Information
is collected on an aggregate basis without any
association to your personal information so that
you remain anonymous. If you do not wish to transmit “cookie” information
about yourself, you may turn off the cookie function
in your web browser; please consult the “Help” section
of your browser to correctly do so. However turning
off the cookie function may prevent you from
using our site in the way it was designed for.
Cookies are a feature of web browser (Internet
Explorer, Netscape Navigator, etc.) software
that allows web servers to recognize the computer
used to access a site. They are small pieces
of data that are stored by a user’s web
browser on one site to simplify subsequent interactions
with that site by the same user or to use the
information to streamline the user’s transaction
on related web pages. This makes it easier for
a user to move from site to site and to complete
transactions over the Internet. Cookies should
make your online experience easier and more personalized.
Broadly speaking, persons we employ directly,
or as contractors or agents at our direction,
use Active Information for purposes of administering
our business activities, providing customer services
such as support, and making available other products
or services we think may be of interest to our
users. We may use the Active Information or Passive
Information you provide to us to contact you
about changes to our site, new services, features
or products we offer, or other information we
think you shall find valuable. If at any time
you do not wish to receive such information,
please send us an email to cservice@bayard-us.com.
We use Passive Information to gather information
about our users and to enhance and design our
site to make it easier, faster and friendlier
to use. Additionally, cookies help us know information
about how many people visit our site, when they
visit and how they use our service. We do not
connect any of this information to your personal
information or email address. However, Passive
Information may result in your viewing of particular
advertising based on your user habits for your
viewing on our site.
You may be able to access other websites through
our site. When you do so you are doing so subject
to their policies regarding privacy and data
collection and you should read those sites’ privacy
policies to make sure you agree to them before
using such sites. When you choose to shop at
such sites, you should read their privacy policies
to make sure you agree to them before making
purchases.
We may disclose anonymous information about
user habits, characteristics and user patterns,
based on aggregate user statistics to advertisers
on our site.
Sharing Information with the Government or As
Otherwise Required by Law
We may be required by law or government agency
to disclose both Active and Passive Information
you have provided to us.
We secure your personal information submitted
by you by using reasonable efforts to prevent
unauthorized access or disclosure, or accidental
loss or destruction of Active Information and
Passive Information. Your postings on this site
and other communications you may have with us
via email or snailmail may not be secure unless
we advise you that security measures are in place
prior to your sending information. Therefore,
if you choose to communicate with us through
these means, you are assuming the risk of doing
so and we request that you do not send or post
sensitive information through these means.
If you desire not to receive information about
products or services we think may be of interest
to you or if you wish to access, delete or correct
you information, please send us an email to cservice@bayard-us.com.
We reserve the right to revise this policy at
our discretion. Please check back on this site
as this policy may be revised from time to
time without notice to you.
USER AGREEMENT
(“Agreement”)
By using this site or by clicking “I agree” to
this Agreement, you (“User”) signify
your agreement to these terms and conditions.
If you do not agree to this Agreement please
do not use this site and do not click “I
agree”. Please check this Agreement periodically
for changes as the owner of this site (Bayard
inc.) reserves the right to revise this Agreement
and your continued use of this site following
the posting of any changes to the Agreement constitutes
acceptance of such changes. The Company reserves
the right to terminate a User’s use of
this site at any time without notice and may
do so for any breach of this Agreement or the
instructions on this site by User. This Agreement
applies to licensors and advertisers as well.
This Agreement must be completed, understood
and agreed to by a person over 18. If a parent
or guardian wishes to permit a person under 18,
and under his or her supervision, to use this
site, he or she should email the Company with
his or her explicit permission and acceptance
of full legal responsibility for the minor to
do so. If you are not yet 18, if you are easily
offended, or are accessing this site from any
country where material on this site is prohibited
or illegal, please leave now as you do not have
permission to access this site.
Upon your agreement to this Agreement, the Company
hereby grants you a non-exclusive, non-transferable
limited license to use this site in strict accordance
with the terms and conditions in this Agreement
and as permitted via instructions on this site.
You agree not to make any false or fraudulent
statements in your use of or to gain access to
this site. You acknowledge and agree that all
content and services available on this site are
property of the Company and its advertisers and
licensors and are protected by copyrights, moral
rights, trademarks, service marks, patents, trade
secrets, and other proprietary rights and laws,
in the U.S. and internationally. All rights not
expressly granted herein are fully reserved by
the Company, its advertisers and licensors.
Use
Except as may be explicitly permitted through
this site, you agree not to save, download,
cut and paste, sell, license, rent, lease,
modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish,
adapt, edit, or create derivative works from
materials, code or content on or from this
site. Systematic retrieval of data or other
content from this site to create or compile,
directly or indirectly, a collection, compilation,
database or directory without written permission
from the Company is prohibited. In addition,
use of the content or materials for any purpose
not expressly permitted in this Agreement is
prohibited.
Security
You agree that if you are issued a Username
and Password by the Company, you shall use your
best efforts to prevent access to this site through
your Username and Password by anyone other than
yourself, including but not limited to, keeping
such information strictly confidential, notifying
the Company immediately if you discover loss
or access to such information by another party
not under your control and supervision, and by
using a Username and Password not easily guessed
by a third party.
You agree that you shall not try to reverse
engineer, reverse assemble, reverse compile,
decompile, disassemble, translate or otherwise
alter any executable code, contents or materials
on or received via this site. You understand
that such actions are likely to subject you to
serious civil and criminal legal penalties and
that the Company shall pursue such penalties
to the full extent of the law to protect its
rights and the rights of its other licensors.
International Users
Accessing this site, and services, products
or contents available on this site, except as
expressly allowed through instructions and truthful
statements by the User in regard to use of this
site, from places outside the U.S. or where their
contents are illegal, is prohibited. Those who
choose to access this site from other locations
do so knowingly on their own initiative and voluntarily
at their own risk and are responsible for compliance
with local laws. None of the information on this
site may be downloaded, exported or reexported
into Iran, Iraq, Syria, Libya, Sudan, Cuba, North
Korea, Yugoslav Republic (Serbia and Montenegro),
Rwanda, Nigeria or any other country with restrictions
imposed by the U.S. Government. By using this
site, you agree that you are not a citizen of
or a resident in any of these countries.
Export
You agree that you shall comply with all applicable
export and import control laws and regulations
in your use of this site, or materials or services
received through this site, and, in particular,
you shall not export or re-export anything on
or received through this site in violation of
local or foreign export laws and/or without all
required U.S. and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S. Government,
the following provision applies. This site, code,
contents, services and accompanying documentation
are comprised of "commercial computer software" and "commercial
computer software documentation" as such
terms are used in 48 C.F.R. 12.212 (SEPT 1995)
and are provided to the Government (i) for acquisition
by or on behalf of civilian agencies, consistent
with the policy set forth in 48 C.F.R. 12.212;
or (ii) for acquisition by or on behalf of units
of the Department of Defense, consistent with
the policies set forth in 48 C.F.R. 227.7202-1
(JUN 1995) and 227.7202-3 (JUN 1995). Unpublished
rights reserved under the copyright laws of the
United States.
Except with regard to personal information,
all information which you post on this site or
communicate to the Company through this site
(collectively “Submissions”) shall
forever be the property of the Company. You agree
to the Site
Submission Rules found here as part
of this Agreement if provided on the site by
the Company. The Company shall not treat any
submission as confidential and shall not incur
any liability as a result of any similarities
that may appear in future Company services or
products. Without limitation, the Company shall
have exclusive ownership of all present and future
existing rights to any Submission of every kind
and nature everywhere. You acknowledge that you
are fully responsible for the message, including
its legality, reliability, appropriateness, originality
and copyright. You hereby represent and warrant
that your Submission does not infringe the rights
of any third party.
The Company’s, licensors’ or other
third party materials, services or products referenced
on this site are common law or registered trade
marks or service marks of such parties.
You may be transferred to online merchants or
other third party sites through links or frames
from this site. You are cautioned to read such
sites’ Terms and Conditions and/or Privacy
Policies before using such sites in order to
be aware of the terms and conditions of your
use of such sites. These sites may contain information
or material that is illegal, unreasonable or
that some people may find inappropriate or offensive.
These other sites are not under the control of
the Company, are not monitored or reviewed by
the Company, and the Company is not aware of
the contents of such sites. You acknowledge that
the Company is not responsible for the accuracy,
copyright compliance, legality, decency, or any
other aspect of the contents or any transmissions
received through such sites. The inclusion of
such a link or frame does not imply endorsement
of this site by the Company, its advertisers
or licensors, any association with its operators
and is provided solely for your convenience.
You agree that the Company and its licensors
have no liability whatsoever from such third
party sites and your usage of them.
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE,
THE SUITABILITY OF THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY
SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE.
ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM
ALL WARRANTIES WITH REGARD TO THIS SITE, THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE AND ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS,
STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION
RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE
OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT
THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH
THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT
YOUR RISK. USER AGREES THAT IT HAS RELIED ON
NO WARRANTIES, REPRESENTATIONS OR STATEMENTS
OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW
OF YOUR JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE
USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS
SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS
AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless
the Company, its advertisers, licensors, subsidiaries
and other affiliated companies, and their employees,
contractors, officers, agents and directors from
all liabilities, claims, and expenses, including
attorney's fees, that arise from your use of
this site, or any services, information or products
from this site, or any violation of this Agreement.
The Company reserves the right, at it own expense,
to assume the exclusive defense and control of
any matter otherwise subject to indemnification
by you, in which event you shall cooperate with
the Company in asserting any available defenses.
Company may suspend or terminate this Agreement
or User’s use immediately upon receipt
of any notice which alleges that User has used
this site for any purpose that violates any local,
state, federal or law of other nations, including
but not limited to the posting of information
that may violate third party rights, that may
defame a third party, that may be obscene or
pornographic, that may harass or assault others,
that may violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors
or employees. In such event, Company may disclose
the User’s identity and contact information,
if requested by a government or law enforcement
body or as a result of a subpoena or other legal
action, and Company shall not be liable for damages
or results thereof and User agrees not to bring
any action or claim against Company for such
disclosure.
This site (excluding third party linked sites)
is controlled by the Company from its offices
within the State of Connecticut, U.S. of America.
It can be access from all 50 states as well as
from other countries around the world to the
extent permitted by site. As each of these places
has laws that may differ from Connecticut, by
accessing this site, both you and the Company
agree that the statues and laws of Connecticut
shall apply to any actions or claims arising
out of or in relation to this Agreement or your
use of this site, without regard to conflicts
of laws principles thereof. You and the Company
also agree and hereby submit to the filing of
any claim only in the exclusive personal jurisdiction
and venue of Connecticut and any legal proceedings
shall be conducted in English. The Company makes
no representation that materials on this site
are appropriate or available for use in other
locations, and accessing them from territories
where their contents are illegal is prohibited.
This Agreement shall not be governed by the United
Nations Convention on Contracts for the Sale
of Goods.
This Agreement incorporates by reference the
Site Submission Rules if this site allows posting
and posts such Rules. This Agreement constitutes
the entire agreement between the parties related
to the subject matter thereof, supersedes any
prior or contemporaneous (oral, written or electronic)
agreement between the parties and shall not be
changed except by written agreement signed by
an officer of the Company. If any provision of
this Agreement is prohibited by law or held to
be unenforceable, the remaining provisions hereof
shall not be affected, and this Agreement as
much as possible under applicable law shall continue
in full force and effect as if such unenforceable
provision had never constituted a part hereof
and the unenforceable provision shall be automatically
amended so as to best accomplish the objectives
of such unenforceable provision within the limits
of applicable law. User shall not assign or transfer
this Agreement and any such transfer shall be
void.
Site Submission Rules
By using features of this site that allow you
to post or otherwise transmit information to
or through this site, or which may be seen
by other users, you agree that you shall not
upload, post, or otherwise distribute or facilitate
distribution of any content -- including legaltext,
communications, video, software, images, sounds,
data, or other information -- that:
· is unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, obscene,
sexually explicit or graphic, or otherwise in
violation of this site’s rules or policies;
·
victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the
basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
·
infringes any patent, trade mark, service mark,
trade secret, copyright, moral right, right
of publicity, privacy or other proprietary
right of any party;
·
constitutes unauthorized or unsolicited advertising,
junk or bulk e-mail (also known as "spamming"),
chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
·
contains software viruses or any other computer
code, files, or programs that are designed
or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized
access to any data or other information of
any third party; or
·
impersonates any person or entity, including
any employee or representative of this site,
its licensors or advertisers.
You also agree that you shall not harvest or
collect information about the users of this site
or use such information for the purpose of transmitting
or facilitating transmission of unsolicited bulk
electronic e-mail or communications for any other
commercial purpose of your own or a third party.
You further agree that you shall not solicit
or collect information, or attempt to induce
any physical contact with, anyone 18 years old
or younger without appropriate prior verifiable
express parental consent.
This site generally does not pre-screen, monitor,
or edit the content posted by users of this site.
However, this site and its agents have the right,
at their sole discretion, to remove any content
that, in this site’s sole judgment, does
not comply with the Site Submission Rules or
is otherwise harmful, objectionable, or inaccurate.
This site is not liable for any failure, delay,
damages or results, in removing such content.
You agree that your use of this site may be
suspended or terminated immediately upon receipt
of any notice which alleges that you have used
this site in violation of these Rules and/or
for any purpose that violates any local, state,
federal or law of other nations, including but
not limited to the posting of information that
may violate third party rights, that may defame
a third party, that may be obscene or pornographic,
that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of
its agents, officers, directors, contractors
or employees. In such event, you agree that the
owner of this site may disclose your identity
and contact information, if requested by a government
or law enforcement body or as a result of a subpoena
or other legal action, and the owner of this
site shall not be liable for damages or results
thereof, and you agree not to bring any action
or claim against the owner of this site for such
disclosure.
This site reserves the right to revise these
Site Submission Rules at its discretion, so
check back from time to time to be sure you
are complying with the current version.
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