Our Affiliate Terms and Conditions
Terms and Conditions of Use
Please read these Terms and Conditions of Use (the *"Independent Affiliate Agreement"*) carefully before joining the “Affiliate Program” and using the website. By using any of the following websites (collectively, the *"DELLE GRAZIE ONLINE STORE"*), you agree to be bound by this Agreement: DELLE GRAZIE.COM, PARISROUGEPARFUM.COM, DELLE GRAZIE AFFILIATE. If you do not agree to the terms and conditions of this Agreement, please do not use any of the DELLE GRAZIE WEBSITE(S)). Delle Grazie, Establishment, a company incorporated under the laws of the State of Vaduz, Liechtenstein, (referred to herein as *"DELLE GRAZIE," "we," "us"* and *"our"*), reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the DELLE GRAZIE WEBSITE(S)). Your continued use of the DELLE GRAZIE WEBSITE(S)) following the posting of changes to this Agreement will mean that you accept those changes.
For purposes of this Agreement, the following terms have the following meanings:
The *"DELLE GRAZIE Independent Affiliate Agreement"* means DELLE GRAZIE's Independent Affiliate Agreement, collectively with the DELLE GRAZIE Independent Affiliate Terms and Conditions attached to or accompanying such Agreement.
A *"DELLE GRAZIE AFFILIATE"* is an individual (a) who has agreed, pursuant to the terms of a DELLE GRAZIE Independent Affiliate Agreement, the terms and conditions herein, to be a DELLE GRAZIE Independent Promoter , (b) who remains an active DELLE GRAZIE Independent Promoter in good standing, and (c) whose DELLE GRAZIE Independent Affiliate Agreement or status as a DELLE GRAZIE independent promotor has not been terminated.
An *"Affiliate"* is a DELLE GRAZIE Independent Promoter (a) who has agreed to and remains in compliance with the terms and
conditions of DELLE GRAZIE's Affiliate Policies and Procedures, and (b) who both (i) conducts and manages his/her DELLE GRAZIE promotion business using online and offline tools, (ii) promotes or offers to promote DELLE GRAZIE products online through a website, platform, blog and email, with banners, flash, buttons or other supplied images by DELLE GRAZIE, (iII) receives a 15% commission from qualifying net sales generated from promoting DELLE GRAZIE products online and offline, and (iv), receives a 10% commission from qualifying net sales generated from promoting DELLE GRAZIE products online and offline from all recruited sub-affiliates that must agree to and remains in compliance with the terms and conditions of the DELLE GRAZIE Independent Affiliate Agreement. Further, as a DELLE GRAZIE Affiliate, (c) you have agreed to receive all commission, after you have a minimum commission buildup of € 30, (i) every 30 days by direct deposit to your account, disclosed in you Affiliate Application, (ii) less of any returns, disqualified sales, or advances, if any, (iii) your commissions are based on net sales, i.e., all sales after, coupons, gift certificates, customer discounts, sales tax if any, and shipping costs; None of the aforementioned in (iii), are commissionable, (iv) we may temporary increase your commission from time to time for additional bonuses and reserve the right to decrease the increased commission down to the initial level, but not beyond, (v), we also may reserve the right to add additional levels to the existing bilevel program making it for exampke a tri-level reward structure. As a DELLE GRAZIE Affiliate, (d) you are responsible to obtain any and all governmental business licenses if necessary and, (i) file your individual income taxes as an independent contractor, if it applies.
If you are a DELLE GRAZIE Affiliate, you acknowledge and agree that your use of the DELLE GRAZIE WEBSITE(S) is subject not only to this Agreement, but also to the terms and conditions contained in your DELLE GRAZIE Independent Affiliate Agreement. Additionally, if you are a DELLE GRAZIE Affiliate, you acknowledge and agree that your use of the DELLE GRAZIE WEBSITE(S) is also subject to the terms and conditions contained in DELLE GRAZIE's Affiliate Policies and Procedures (to which you agree upon enrolling as a DELLE GRAZIE Affiliate).
1. Note Regarding DELLE GRAZIE Affiliate and DELLE GRAZIE Affiliate’s personalized Sites.
DELLE GRAZIE Affiliate are Independent Promoters. i.e., independent third party Contractors of DELLE GRAZIE and are not otherwise affiliated with DELLE GRAZIE. DELLE GRAZIE is not responsible or liable for the statements, acts or omissions of DELLE GRAZIE Independent Promoters, whether through or in connection with the DELLE GRAZIE WEBSITE(S), "offline," or otherwise. Without limiting the foregoing, although DELLE GRAZIE enables DELLE GRAZIE Affiliates to create online banners, flash, buttons an images, that contain DELLE GRAZIE branding and content and that may share URLs with certain DELLE GRAZIE WEBSITE(S) (for example, URLs such as "/[DELLE GRAZIE Independent Promoter's name]/, you acknowledge and agree that DELLE GRAZIE has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by DELLE GRAZIE Independent Promoters to such personalized online sites or any customizations made by DELLE GRAZIE Independent Promoters to such personalized online sites (such information, materials, and customizations, the *"DELLE GRAZIE Independent Promoter Content"*) or any materials communicated by a DELLE GRAZIE Independent Promoter to you. DELLE GRAZIE has not taken any steps to confirm the accuracy or reliability of any DELLE GRAZIE Independent Promoter Content or other materials communicated by a DELLE GRAZIE Independent Promoter to you, and makes no representations or warranties as to the security of any communications between you and any DELLE GRAZIE Independent Promoters undertaken using DELLE GRAZIE Independent Promoter Content (for example, email links posted by DELLE GRAZIE Independent Promoters).
2. Restricted Uses.
The DELLE GRAZIE WEBSITE(S) are owned and operated by DELLE GRAZIE. The contents of the DELLE GRAZIE WEBSITE(S) are copyrighted under United States copyright laws. Except as stated herein, none of the material on the DELLE GRAZIE WEBSITE(S) may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by DELLE GRAZIE to access and use the DELLE GRAZIE WEBSITE(S), you may download one (1) copy of any particular materials from the DELLE GRAZIE WEBSITE(S) for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of DELLE GRAZIE's copyright and other proprietary rights.
"DELLE GRAZIE" and the other DELLE GRAZIE trademarks, trade names, service marks and logos appearing on the DELLE GRAZIE WEBSITE(S) are proprietary trademarks of DELLE GRAZIE. The use of any of our trademarks or any other content made available through the DELLE GRAZIE WEBSITE(S), except as expressly provided in this Agreement, is strictly prohibited.
3. Information Submitted Through the DELLE GRAZIE WEBSITE(S).
Your submission of information through the DELLE GRAZIE WEBSITE(S) is governed by DELLE GRAZIE's Security and Privacy Statement (the *"Privacy Notice"*), and this Agreement incorporates by reference the terms and conditions of the Security and Privacy Statement. You represent and warrant that any information you provide in connection with your use of the DELLE GRAZIE WEBSITE(S) is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete.
4. Registration; User Names and Passwords.
You will be required to register with DELLE GRAZIE in order to access certain areas of the DELLE GRAZIE WEBSITE(S), for example, to access DELLE GRAZIE promotional products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the DELLE GRAZIE WEBSITE(S), and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the DELLE GRAZIE WEBSITE(S), to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the DELLE GRAZIE WEBSITE(S) that occur in connection with your user name. You agree to immediately notify DELLE GRAZIE of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the DELLE GRAZIE WEBSITE(S), and to ensure that you "log off" and exit from your account with the DELLE GRAZIE WEBSITE(S) (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Rules of Conduct.
We expect users of the DELLE GRAZIE WEBSITE(S) to respect the law as well as the rights and dignity of others. While using the DELLE GRAZIE WEBSITE(S) you agree to comply with all applicable laws, rules and regulations. In addition, your use of the DELLE GRAZIE WEBSITE(S) is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the DELLE GRAZIE WEBSITE(S) pursuant to Section 14 below.
You agree not to:
* Post, transmit, or otherwise make available through or in
connection with the DELLE GRAZIE WEBSITE(S):
threatening, harassing, degrading, hateful or intimidating;
(b) defamatory or libelous; (c) fraudulent or tortious; (d)
obscene, indecent, pornographic or otherwise objectionable;
or (e) protected by copyright, trademark, trade secret,
right of publicity or privacy or any other proprietary right.
liability; that encourages conduct that constitutes a
criminal offense; or that encourages or provides
instructional information about illegal activities or
activities such as "hacking," "cracking," or "phreaking."
spyware, or other computer code, file, or program that is
harmful or invasive or that may or is intended to damage,
hijack, disable, interfere with, or disrupt the operation
of, or monitor the use of, any hardware, software or equipment.
material, "junk mail," "spam," "chain letter," "pyramid
scheme" or investment opportunity, or any other form of
solicitation that is not expressly approved by DELLE GRAZIE in advance.
individual, without the prior consent of such individual.
Any material, non-public information about a company,
without the proper authorization to do so.
* Use the DELLE GRAZIE WEBSITE(S) for any fraudulent or unlawful purpose.
* Use the DELLE GRAZIE WEBSITE(S) to defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights of others, including without
limitation others' privacy rights or rights of publicity, or to
harvest or collect information about users of the DELLE GRAZIE WEBSITE(S).
* Impersonate any person or entity, including without limitation any
representative of DELLE GRAZIE; falsely state or otherwise misrepresent
your affiliation with any person or entity in connection with the
DELLE GRAZIE WEBSITE(S); or express or imply that we endorse any statement
you make.
* Interfere with or disrupt the operation of the DELLE GRAZIE WEBSITE(S) or
the servers or networks used to make the DELLE GRAZIE WEBSITE(S) available;
or violate any requirements, procedures, policies or regulations
of such networks.
* Restrict or inhibit any other person from using the DELLE GRAZIE WEBSITE(S)
(including without limitation by hacking or defacing any portion
of the DELLE GRAZIE WEBSITE(S)).
* Use the DELLE GRAZIE WEBSITE(S) to advertise or offer to sell or buy any
goods or services for any business purpose, without DELLE GRAZIE's express
prior written consent.
* Reproduce, duplicate, copy, sell, resell, link to or otherwise
exploit for any commercial purposes, any portion of, use of, or
access to, the DELLE GRAZIE WEBSITE(S).
* Modify, adapt, translate, reverse engineer, decompile or
disassemble any portion of the DELLE GRAZIE WEBSITE(S).
* Remove any copyright, trademark or other proprietary rights notice
from the DELLE GRAZIE WEBSITE(S) or materials originating from the DELLE GRAZIE WEBSITES.
* Frame or mirror any part of the DELLE GRAZIE WEBSITE(S).
* Create a database by downloading and storing DELLE GRAZIE WEBSITE(S) content.
* Use any robot, spider, site search/retrieval application or other
manual or automatic device to retrieve, index, "scrape," "data
mine" or in any way gather DELLE GRAZIE WEBSITE(S) content or reproduce or
circumvent the navigational structure or presentation of the DELLE GRAZIE
WEBSITES without DELLE GRAZIE's express prior written consent.
Additionally, you acknowledge and agree that you (and not DELLE GRAZIE) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the DELLE GRAZIE WEBSITE(S), and for paying all charges related thereto.
6. Forums and Submissions.
DELLE GRAZIE may offer features through the DELLE GRAZIE WEBSITE(S) that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as *"Forums"*). All of the rules of conduct described in Section 5 above apply to the Forums. Additionally, without DELLE GRAZIE's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other DELLE GRAZIE WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through any DELLE GRAZIE WEBSITE (*"Submissions"*), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by DELLE GRAZIE without restriction. You grant to DELLE GRAZIE the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the DELLE GRAZIE WEBSITE(S) complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the DELLE GRAZIE WEBSITE(S). The Forums include the opinions, statements and other content of third parties, including DELLE GRAZIE Independent Promoters. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including DELLE GRAZIE Independent Promoters) through the Forums or otherwise through the DELLE GRAZIE WEBSITE(S) are those of such third parties and not of DELLE GRAZIE, and DELLE GRAZIE does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the DELLE GRAZIE WEBSITE(S) at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that DELLE GRAZIE has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the DELLE GRAZIE WEBSITE(S). IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE DELLE GRAZIE WEBSITE(S), YOU DO SO AT YOUR OWN RISK.
7. Contests, Sweepstakes and Similar Promotions.
Any contest, sweepstakes, coupons, gift certificates or similar promotion made available through any DELLE GRAZIE WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such contest, coupons, gift certificates, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. DELLE GRAZIE urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
8. Purchases and Other Transactions.
If you wish to purchase any product or service or to make a payment to your DELLE GRAZIE account through a DELLE GRAZIE WEBSITE (each such purchase or other transaction, a *"Transaction"*), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the DELLE GRAZIE WEBSITE(S) will be treated by DELLE GRAZIE in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
DELLE GRAZIE reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the DELLE GRAZIE WEBSITE(S) are subject to change without notice, and DELLE GRAZIE shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to DELLE GRAZIE's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the DELLE GRAZIE WEBSITE(S), at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
9. Intended Audience.
DELLE GRAZIE controls and operates the DELLE GRAZIE WEBSITE(S) from its offices located in the State of California, U.S.A., and the DELLE GRAZIE WEBSITE(S) are not intended to subject DELLE GRAZIE to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the DELLE GRAZIE WEBSITE(S) are presented solely for the purpose of providing services and promoting products available in the United States. DELLE GRAZIE makes no representation or warranty that any DELLE GRAZIE WEBSITE, in whole or in part, or any products, services, or materials made available through the DELLE GRAZIE WEBSITE(S), are appropriate or available for use in other locations. Those who choose to access the DELLE GRAZIE WEBSITE(S) from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
10. Links to or From Other Sites.
Except as otherwise expressly stated by DELLE GRAZIE on a DELLE GRAZIE WEBSITE, DELLE GRAZIE is not liable for affiliate operators of any third party websites that link to or are linked from the DELLE GRAZIE WEBSITE(S). DELLE GRAZIE expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the DELLE GRAZIE WEBSITE(S). We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the DELLE GRAZIE WEBSITE(S) because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
DELLE GRAZIE shall have the right, at any time and at its sole discretion, to block links to the DELLE GRAZIE WEBSITE(S) through technological or other means without prior notice.
11. Disclaimer.
THE DELLE GRAZIE WEBSITE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DELLE GRAZIE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE DELLE GRAZIE WEBSITE(S). ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. DELLE GRAZIE MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY DELLE GRAZIE Independent PromoterS; (B) THAT THE DELLE GRAZIE WEBSITE(S) WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE DELLE GRAZIE WEBSITE(S) WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE DELLE GRAZIE WEBSITE(S) OR THE SERVERS OR NETWORKS THROUGH WHICH THE DELLE GRAZIE WEBSITE(S) ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the DELLE GRAZIE WEBSITE(S) and the servers from which the DELLE GRAZIE WEBSITE(S) are operated, the DELLE GRAZIE WEBSITE(S) may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the DELLE GRAZIE WEBSITE(S). If you become aware of any unauthorized third party alteration to the DELLE GRAZIE WEBSITE(S), contact us at postmaster@delle-grazie.com, with a description of the material(s) at issue and the URL or location on the applicable DELLE GRAZIE WEBSITE where such material(s) appear.
12. Limitation of Liability.
IN NO EVENT SHALL DELLE GRAZIE, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE *"DELLE GRAZIE ENTITIES"*) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE DELLE GRAZIE WEBSITE(S), (C) YOUR USE OF OR INABILITY TO USE THE DELLE GRAZIE WEBSITE(S), OR (D) THE ACTS OR OMISSIONS OF DELLE GRAZIE INDEPENDENT PROMOTORS, IN EACH EVENT, EVEN IF DELLE GRAZIE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. DELLE GRAZIE IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. DELLE GRAZIE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY DELLE GRAZIE Independent Promoter), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL DELLE GRAZIE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN Agreement, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE DELLE GRAZIE WEBSITE(S), OR YOUR USE OF OR INABILITY TO USE THE DELLE GRAZIE WEBSITE(S) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE DELLE GRAZIE WEBSITE(S).
13. Indemnification.
You will indemnify and hold the DELLE GRAZIE Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the *"Claims"*): (a) your use of, inability to use, or activities in connection with the DELLE GRAZIE WEBSITE(S); (b) any violation of this Agreement or any other DELLE GRAZIE terms, conditions or policies by you or through any account you may have with any DELLE GRAZIE WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the DELLE GRAZIE WEBSITE(S) infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any DELLE GRAZIE WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the DELLE GRAZIE Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
14. Termination and Enforcement.
This Agreement is effective until terminated by DELLE GRAZIE. You agree that DELLE GRAZIE, at its sole discretion, may terminate your access to or use of the DELLE GRAZIE WEBSITE(S), at any time and for any reason, including without limitation if DELLE GRAZIE believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such termination, your right to use the DELLE GRAZIE WEBSITE(S) will immediately cease. You agree that any termination of your access to or use of the DELLE GRAZIE WEBSITE(S) may be effected without prior notice and that DELLE GRAZIE may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that DELLE GRAZIE shall not be liable to you or any third party for any termination of your access to the DELLE GRAZIE WEBSITE(S) or to any such information or files, and shall not be required to make such information or files available to you after any such termination. DELLE GRAZIE reserves the right to takes steps that DELLE GRAZIE believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the DELLE GRAZIE WEBSITE(S) and/or a third party claim that your use of the DELLE GRAZIE WEBSITE(S) is unlawful or violates such third party's rights).
15. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the *"DMCA"*) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on a DELLE GRAZIE WEBSITE infringe your copyright, you (or your agent) may send DELLE GRAZIE a notice requesting that DELLE GRAZIE remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send DELLE GRAZIE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Karl-Heinz Hemmerle, DELLE GRAZIE Establishment, Kirchstrasse 79, Vaduz 9490, Liechtenstein email: info@delle-grazie.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
16. Filtering.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that DELLE GRAZIE does not endorse, support or approve any of the products or services listed at such site.
17. Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the DELLE GRAZIE WEBSITE(S), please send an email to DELLE GRAZIE. postmaster@DELLE- GRAZIE.com. You may also contact us by writing to DELLE GRAZIE Establishment,Inc., Kirchstrasse 79, Vaduz 9490, Liechtenstein.
18. Governing Law.
This Agreement shall be governed by the laws of the State of Vaduz, Liechtenstein. without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in the city of Vaduz, Liechtenstein, and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.
19. Miscellaneous.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and DELLE GRAZIE. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and DELLE GRAZIE relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DELLE GRAZIE relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any DELLE GRAZIE WEBSITE, by email, or by regular mail, at DELLE GRAZIE's discretion. Without limitation, you agree that 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.
This Agreement ©2008 DELLE GRAZIE ESTABLISHMENT. All rights reserved.