AGREEMENT BETWEEN USER AND www.LesRoseOnline.com
These Terms and Conditions of Use (the “Terms of Use”) apply to the www.lesrose.com and www.lesroseonline.com and all associated sites linked to www.lesrose.com and www.lesroseonline.com its subsidiaries and affiliates (collectively, the “Site”). The Site and its complete contents (except where otherwise noted), are the property of Les Rose, LesRose.com and LesRoseOnline.com (LESROSEONLINE.COM) and its authorized licensors.
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.
MODIFICATION OF THESE TERMS OF USE
LESROSEONLINE.COM reserves the right, at its sole discretion, to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. It is your responsibility to check these Terms of Use periodically for changes. As long as you comply with these Terms of Use, LESROSEONLINE.COM grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of LESROSEONLINE.COM and LESROSEONLINE.COM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LESROSEONLINE.COM is not responsible for webcasting or any other form of transmission received from any Linked Site. LESROSEONLINE.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LESROSEONLINE.COM of the Linked Site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to LESROSEONLINE.COM that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites. LESROSEONLINE.COM reserves the right to bar any such activity.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- 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, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any 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, without their consent.
- Violate any applicable laws or regulations.
LESROSEONLINE.COM has no obligation to monitor the Communication Services. However, LESROSEONLINE.COM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LESROSEONLINE.COM reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
LESROSEONLINE.COM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LESROSEONLINE.COM’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. LESROSEONLINE.COM does not control or endorse the content, messages or information found in any Communication Service and, therefore, LESROSEONLINE.COM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized LESROSEONLINE.COM spokespersons, and their views do not necessarily reflect those of LESROSEONLINE.COM.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO LESROSEONLINE.COM OR POSTED AT THE SITE
LESROSEONLINE.COM does not claim ownership of the materials you provide to LESROSEONLINE.COM or The Site (including feedback and suggestions) or post, upload, input or submit to The Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting LESROSEONLINE.COM, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and 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. LESROSEONLINE.COM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LESROSEONLINE.COM’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LESROSEONLINE.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LESROSEONLINE.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LESROSEONLINE.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LESROSEONLINE.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE Site OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LESROSEONLINE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
SERVICE CONTACT : [email protected]
TERMINATION/ACCESS RESTRICTION
LESROSEONLINE.COM reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Indemnity
You agree to indemnify and hold LESROSEONLINE.COM, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any losses, claims, damages, awards, penalties, injuries, demands, liability, or expenses (including attorneys’ fees), made against LESROSEONLINE.COM by any third party due to or arising out of or in connection with your use of the Site.
Governing Law; Dispute Resolution
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California , U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Void where prohibited
While the Site is accessible worldwide, not all products, features or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside of the United States of America. LESROSEONLINE.COM reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside of the United States of America, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LESROSEONLINE.COM as a result of this agreement or use of the Site. LESROSEONLINE.COM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LESROSEONLINE.COM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LESROSEONLINE.COM with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LESROSEONLINE.COM with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LESROSEONLINE.COM with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
If LESROSEONLINE.COM does take any legal action against you as a result of your violation of these Terms of Use, LESROSEONLINE.COM will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any relief granted to LESROSEONLINE.COM. You agree that LESROSEONLINE.COM will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Intellectual Property
Unless otherwise noted all product names, designs, text, graphics, titles, user interfaces, trademarks, logos, audio, video and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, within this Site are the trademarks, service marks, trade names, copyrights or other property of LESROSEONLINE.COM (“LESROSEONLINE.COM Intellectual Property”). All other unregistered and registered trademarks are the property of their respective owners. Except as otherwise stated within nothing on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of LESROSEONLINE.COM’s Intellectual Property displayed on the Site without the written permission of LESROSEONLINE.COM.
Permission is granted to display, copy, distribute and download the materials displayed on the Site for non-commercial, informational, or personal use only, provided that the materials are not modified and that all copyright and other proprietary notices contained in the materials are preserved. References to and copies of the materials displayed on the site in a personal blog is permitted provided that the materials are not modified and that all copyright and other proprietary notices contained in the materials are preserved. You may not, however, reproduce, modify, transmit, reuse, re-post, translate, encode or distribute (including “mirroring”) LESROSEONLINE.COM’s Intellectual Property to any other computer, server, Web site or other medium for any commercial purpose, without LESROSEONLINE.COM’s express prior written permission. Changes periodically are made to the information contained in this Site.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Site are: © Copyright 2006-2021 Les Rose and LesRoseOnline.com. and/or its suppliers. All rights reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.