E.
Biebaut Web Site Agreement
The
www.1stamericanshoppingmall.com Web Site (the "Site") is an
online information service provided by E. Biebaut
("www.1stamericanshoppingmall.com "), subject to your
compliance with the terms and conditions set forth below. PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
www.1stamericanshoppingmall.com MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT. 1.
Copyright, Licenses and Idea Submissions. The
entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are
www.1stamericanshoppingmall.com, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the
materials. You agree to grant to www.1stamericanshoppingmall.com a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to www.1stamericanshoppingmall.com by all means
and in any media now known or hereafter developed. You also grant to
www.1stamericanshoppingmall.com the right to use your name in connection
with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
www.1stamericanshoppingmall.com for any alleged or actual infringement
or misappropriation of any proprietary right in your communications to
www.1stamericanshoppingmall.com.
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of www.1stamericanshoppingmall.com.
Other product and company names mentioned in the Site may be the
trademarks of their respective owners. 2.
Use of the Site. You
understand that, except for information, products or services clearly
identified as being supplied by www.1stamericanshoppingmall.com,
www.1stamericanshoppingmall.comdoes not operate, control or endorse any
information, products or services on the Internet in any way. Except for
www.1stamericanshoppingmall.com- identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that are
not affiliated with www.1stamericanshoppingmall.com . You also
understand that www.1stamericanshoppingmall.com cannot and does not
guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. www.1stamericanshoppingmall.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
www.1stamericanshoppingmall.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.1stamericanshoppingmall.com DOES NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
www.1stamericanshoppingmall.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION
OF LIABILITY
www.1stamericanshoppingmall.com
makes no representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When you
access a non-www.1stamericanshoppingmall.com web site, please understand
that it is independent from www.1stamericanshoppingmall.com, and that
www.1stamericanshoppingmall.com has no control over the content on that
web site. In addition, a link to a www.1stamericanshoppingmall.com web
site does not mean that www.1stamericanshoppingmall.com endorses or
accepts any responsibility for the content, or the use, of such web
site. 3.
Indemnification. You
agree to indemnify, defend and hold harmless
www.1stamericanshoppingmall.com, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service. 4.
Third Party Rights. The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of www.1stamericanshoppingmall.com and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf. 5.Termination.
This
Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement. 6.Miscellaneous.
This
Agreement shall all be governed and construed in accordance with the
laws of Belgium applicable to agreements made and to be performed in
Belgium. You agree that any legal action or proceeding between
www.1stamericanshoppingmall.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in Belgium . Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred. www.1stamericanshoppingmall.com's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. www.1stamericanshoppingmall.com may
assign its rights and duties under this Agreement to any party at any
time without notice to you. Any
rights not expressly granted herein are reserved.
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