|
Conditions
of Use
Welcome to www.blueparis.com. This site is owned
and operated by amore&vasaturo srl, ("BlueParis").
BlueParis provides its services to you subject
to the following conditions. By accessing and
browsing this site, you accept, without limitation
or qualification, these Conditions of Use. If
you do not agree with any of the below Conditions
of Use, do not use this site. Read these Conditions
of Use carefully. In addition, when you use
any current or future BlueParis service you
also will be subject to the guidelines and conditions
applicable to such service or business. BlueParis
reserves the right, in its sole discretion,
to modify, alter or otherwise update these Conditions
of Use at any time and you agree to be bound
by such modifications, alterations or updates.
1.
DESCRIPTION OF SERVICES
BlueParis
currently provides users with access to a collection
of photography, modeling portfolio and related
resources. Unless explicitly stated otherwise,
any new features that augment or enhance the
current services shall be subject to these Conditions
of Use. Please be advised that BlueParis has
created certain areas on the service that may
contain adult or mature content. You must be
at least 18 years of age to access and view
such areas or be supervised by a parent or guardian
if under the age of 18. For more information,
see Section 5 below.
2.
COPYRIGHT
All
content included on this site, such as text,
graphics, logos, button icons, images, audio
clips, digital downloads, data compilations,
and software, is the property of BlueParis,
or its content suppliers, or other parties that
have created and uploaded content to BlueParis
and is protected by copyright laws. The compilation
of all content on this site, unless otherwise
indicated, is the exclusive property of BlueParis
and is protected by copyright laws. All software
used on this site is the property of BlueParis
or its software suppliers and is protected by
copyright laws.
3.
TRADEMARKS
BLUEPARIS,
amore&vasaturo and other BlueParis graphics,
marks, logos, page headers, button icons, scripts,
and service names are trademarks or trade dress
of BlueParis (collectively the "BlueParis
Marks"). The BlueParis Marks may not be
used in connection with any product or service
that is not BlueParis's, in any manner that
is likely to cause confusion among customers,
or in any manner that disparages or discredits
BlueParis. You must obtain the prior permission
of BlueParis in order to display or use in any
manner, the BlueParis Marks. All other trademarks
not owned by BlueParis that appear on this site
are the property of their respective owners,
who may or may not be affiliated with, connected
to, or sponsored by BlueParis.
4.
LICENSE AND SITE ACCESS
BlueParis
grants you a limited license to access and make
personal use of this site and not to download
or modify it, or any portion of it, except with
express written consent of BlueParis. This license
does not include any resale or commercial use
of this site or its contents; any collection
and use of any product listings, descriptions,
or prices; any derivative use of this site or
its contents; any downloading or copying of
account information for the benefit of another
merchant; or any use of data mining, robots,
or similar data gathering and extraction tools.
This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial
purpose without express written consent of BlueParis.
You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary
information (including images, text, page layout,
or form) of BlueParis without express written
consent of BlueParis. You may not use any meta
tags or any other "hidden text" utilizing
BlueParis's name or trademarks without the express
written consent of BlueParis. Any unauthorized
use terminates the permission or license granted
by BlueParis. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink
to the home page of BlueParis so long as the
link does not portray BlueParis or its products
or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use
any BlueParis logo or other proprietary graphic
or trademark as part of the link without express
written permission from BlueParis.
5.
YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the service, you
agree to: (a) provide true, accurate, current
and complete information about yourself as prompted
by the service's registration form (such information
being the "Registration Data") and
(b) maintain and promptly update the Registration
Data to keep it true, accurate, current and
complete. If you provide any information that
is untrue, inaccurate, not current or incomplete,
or BlueParis has reasonable grounds to suspect
that such information is untrue, inaccurate,
not current or incomplete, BlueParis has the
right to suspend or terminate your account and
refuse any and all current or future use of
the service (or any portion thereof). BlueParis
is concerned about the safety of all its users,
particularly children. When a minor signs up
for an account with BlueParis, a field for the
acting legal guardian must be completed. Please
remember that the service is designed to appeal
to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine
whether any of the services and/or Content (as
defined in Section 8 below) is appropriate for
your child.
6.
PRIVACY
Registration
Data and certain other information about you
is subject to our Privacy Policy. For more information,
see our full Privacy Policy by clicking here.
7.
YOUR ACCOUNT
If
you use this site, you are responsible for maintaining
the confidentiality of your account and password
and for restricting access to your computer,
and you agree to accept responsibility for all
activities that occur under your account or
password. You agree to (a) immediately notify
BlueParis of any unauthorized use of your password
or account or any other breach of security,
and (b) ensure that you exit from your account
at the end of each session. BlueParis cannot
and will not be liable for any loss or damage
arising from your failure to comply with this
Section 7. BlueParis reserves the right to refuse
service, terminate accounts, remove or edit
content, or cancel orders in its sole discretion.
8.
MEMBER CONDUCT
You
understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages or other materials ("Content"),
whether publicly posted or privately transmitted,
are the sole responsibility of the person from
which such Content originated. This means that
you, and not BlueParis, are entirely responsible
for all Content that you upload, post, email,
transmit or otherwise make available via the
service. BlueParis does not control the Content
posted via the service and, as such, does not
guarantee the accuracy, integrity or quality
of such Content. You understand that by using
the service, you may be exposed to Content that
is offensive, indecent or objectionable. Under
no circumstances will BlueParis be liable in
any way for any Content, including, but not
limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind
incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made
available via the service.
You
agree to not use the service to:
a.
upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or
otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including,
but not limited to, a BlueParis official, or
host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the service;
e.
upload, post, email, transmit or otherwise make
available any Content that you do not have a
right to make available under any law or under
contractual or fiduciary relationships (such
as inside information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under nondisclosure
agreements);
f.
upload, post, email, transmit or otherwise make
available any Content that infringes any patent,
trademark, trade secret, copyright or other
proprietary rights ("Rights") of any
party;
g.
upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, "junk mail,"
"spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation;
h.
upload, post, email, transmit or otherwise make
available any material that contains software
viruses or any other computer code, files or
programs designed to interrupt, destroy or limit
the functionality of any computer software or
hardware or telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other
users of the service are able to type, or otherwise
act in a manner that negatively affects other
users' ability to engage in real time exchanges;
j.
interfere with or disrupt the service or servers
or networks connected to the service, or disobey
any requirements, procedures, policies or regulations
of networks connected to the service;
k.
intentionally or unintentionally violate any
applicable local, state, national or international
law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other
securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations
having the force of law;
l.
"stalk" or otherwise harass another;
or
m.
collect or store personal data about other users.
You
acknowledge that BlueParis does not pre-screen
Content, but that BlueParis and its designees
shall have the right (but not the obligation)
in their sole discretion to refuse or move any
Content that is available via the service. Without
limiting the foregoing, BlueParis and its designees
shall have the right to remove any Content that
violates these Conditions of Use or is otherwise
objectionable. You agree that you must evaluate,
and bear all risks associated with, the use
of any Content, including any reliance on the
accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that
you may not rely on any Content created by BlueParis
or submitted to BlueParis, including without
limitation information in BlueParis message
boards and in all other parts of the service.
You
acknowledge and agree that if you do post Content
or submit Content, and unless we indicate otherwise,
you grant BlueParis a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
and display such Content throughout the world
in any media. You grant BlueParis and sublicensees
the right to use the name that you submit in
connection with such Content, if they choose.
You represent and warrant that you own or otherwise
control all of the rights to the Content that
you post; that the Content is accurate; that
use of the content you supply does not violate
this policy and will not cause injury to any
person or entity; and that you will indemnify
BlueParis or its affiliates for all claims resulting
from Content you supply. BlueParis has the right
but not the obligation to monitor and edit or
remove any activity or Content. BlueParis takes
no responsibility and assumes no liability for
any Content posted by you or any third party.
You
understand that the technical processing and
transmission of the service, including your
Content, may involve (a) transmissions over
various networks; and (b) changes to conform
and adapt to technical requirements of connecting
networks or devices.
9.
INDEMNITY
You
agree to indemnify and hold BlueParis, its affiliates,
officers, agents, co-branders, attorneys or
other partners, and employees, harmless from
any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising
out of Content you submit, post, transmit or
make available through the service, your use
of the service, your connection to the service,
your violation of these Conditions of Use or
your violation of any rights of another.
10.
MODIFICATIONS TO SERVICE
BlueParis
reserves the right at any time and from time
to time to modify or discontinue, temporarily
or permanently, the service (or any part thereof)
with or without notice. You agree that BlueParis
shall not be liable to you or to any third party
for any modification, suspension or discontinuance
of the service.
11.
TERMINATION
You
agree that BlueParis, in its sole discretion,
may terminate your password, account (or any
part thereof) or use of the service, and remove
and discard any Content within the service,
for any reason, including, without limitation,
if BlueParis believes that you have violated
or acted inconsistently with the letter or spirit
of theses Conditions of Use. BlueParis may also
in its sole discretion and at any time discontinue
providing the service, or any part thereof,
with or without notice. You agree that any termination
of your access to the service under any provision
of these Conditions of Use may be effected without
prior notice, and acknowledge and agree that
BlueParis may immediately deactivate or delete
your account and all related information and
files in your account and/or bar any further
access to such files or the service. Further,
you agree that BlueParis shall not be liable
to you or any third-party for any termination
of your access to the service.
12.
DEALINGS WITH ADVERTISERS
Your
correspondence or business dealings with, or
participation in promotions of, advertisers
found on or through the service, including payment
and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser. You agree that BlueParis
shall not be responsible or liable for any loss
or damage of any sort incurred as the result
of any such dealings or as the result of the
presence of such advertisers on the service.
13.
COPYRIGHT COMPLAINTS
BlueParis
respect the intellectual property of others,
and we ask our users to do the same. If you
believe that your work has been copied in a
way that constitutes copyright infringement,
please provide the following information to
amore&vasaturo srl:
a. an electronic or physical signature of the
person authorized to act on behalf of the owner
of the copyright interest;
b. a description of the copyrighted work that
you claim has been infringed;
c. a description of where the material that
you claim is infringing is located on the site;
d. your address, telephone number, and email
address;
e. a statement by you that you have a good faith
belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
and
f. a statement by you, made under penalty of
perjury, that the above information in your
notice is accurate and that you are the copyright
owner or authorized to act on the copyright
owner's behalf.
Mail
notice of claims of copyright infringement to
the following address:
BlueParis
Copyright Notice
amore&vasaturo srl
Via Diocleziano, 354
80124 Napoli IT
By email: copyright@blueparis.com
14.
OTHER BUSINESSES AND LINKS
Parties
other than BlueParis provide services, or advertise
product lines on this site. In addition, we
provide links to the sites of certain individuals
and certain businesses. Images that may be accessed
on this site are not stored on this site. All
images on this site are linked to this site
and are stored on a third party server. No images
are stored on this site. We are not responsible
for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or
individuals or the content of their web sites
or images. BlueParis does not assume any responsibility
or liability for the actions, product, and content
of all these and any other third parties. If
applicable, you should carefully review their
privacy statements and other conditions of use.
The
service may provide, or third parties may provide,
links to other World Wide Web sites or resources.
Because BlueParis has no control over such sites
and resources, you acknowledge and agree that
BlueParis is not responsible for the availability
of such external sites or resources, and does
not endorse and is not responsible or liable
for any Content, advertising, products, or other
materials on or available from such sites or
resources. You further acknowledge and agree
that BlueParis shall not be responsible or liable,
directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection
with use of or reliance on any such Content,
goods or services available on or through any
such site or resource.
15.
DISCLAIMER OF WARRANTIES
THIS
SITE IS PROVIDED BY BLUEPARIS ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
BLUEPARIS MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. BLUEPARIS
ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY
USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
BLUEPARIS DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. BLUEPARIS DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT
FROM BLUEPARIS ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
BLUEPARIS
MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM BLUEPARIS OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY.
16.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT BLUEPARIS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF BLUEPARIS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
17.
EXCLUSIONS AND LIMITATIONS
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
18. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please
review our other policies posted on this site
from time to time. These policies also govern
your visit to BlueParis. We reserve the right
to make changes to our site, policies, and these
Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition
shall be deemed severable and shall not affect
the validity and enforceability of any remaining
condition.
19.
ENTIRE AGREEMENT
This
Condition of Use constitutes the entire agreement
between you and BlueParis and governs your use
of the service, superceding any prior agreements
between you and BlueParis.
20.
NO WAIVER
The
failure of BlueParis to exercise or enforce
any right or provision of this Condition of
Use shall not constitute a waiver of such right
or provision.
21.
OUR ADDRESS
BlueParis.com
Amore&vasaturo srl
Via Diocleziano, 354
80121 Napoli IT
http://www.blueparis.com
|