Mon Bijou™ Terms of Use
Last updated: July 2007

Welcome to the Mon Bijou™ website (known collectively as the "Site").

These terms of use ("Site Terms") apply exclusively to your access to, and use of this website (collectively the "Site"), so please read them carefully.

The Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Mon Bijou™ ("MB") for products or services. If you have any questions regarding the use of the Site, please email us at "info @ monbijouusa.com". MB reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole and absolute discretion. Any changes or modification will be effective upon posting on the Site Terms. Notice of such changes will be indicated by the date at the top of the Site Terms. Your continued use of this Site after changes or modifications are posted will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site.

BY ACCESSING, BROWSING, OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

Privacy Statement
We respect the privacy of our customers and encourage you to read our Privacy Policy so that you may make an informed decision about using our Site. Our Privacy Policy can be accessed via the bottom portion of the Site home page.

Other Policies or Agreements
You acknowledge and agree to comply with all terms, conditions, and policies associated with the Site and the various products and services included therein. Such terms are hereby incorporated by reference.

License and Site Access
MB grants you a limited license to use the Site for your personal and internal business purposes only, and solely on terms consistent with these Site Terms and any incorporated agreements. Such grant does not include, and specifically precludes, without limitation: (a) any resale or commercial use of the Site or content therein (except as permitted by the express written consent of MB); (b) any links to other sites; (c) the collection and use of any product listings or descriptions; (d) making derivative uses of the Site and its contents (including, without limitation, any documents); or (e) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of MB or any third party.

You may not use, frame, or use framing techniques to enclose, any MB trademark, logo, or other proprietary information (including the images found at this Site, the content of any text, or the layout/design of any webpage or form contained on a webpage) without MB ’s express prior written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an MB name, trademark, or product name without MB ’s express written consent.

Any unauthorized use of or access to our Site or services is prohibited and will terminate any permission or license granted herein to use the Site, the Site’s content, and the Site services. Such unauthorized use may violate applicable state and federal law, including, without limitation, copyright laws, trademark laws (including trade dress), other intellectual property laws, trespass, and communications laws, regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright
All trademarked, copyrighted and copyrightable materials on this Site, including, without limitation, the MB logo, design, text, graphics, pictures, sound files, and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2007 Mon Bijou™, and/or its licensors. Except as expressly stated in these Site Terms or an incorporated agreement, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MB or the respective copyright owner. Permission is granted to display, copy, distribute, and download the Materials on this Site for internal business purposes only; provided that, you may not, without the express written permission of MB or the respective copyright owner: (a) copy, publish, or post any Materials on any computer network (other than is consistent with your internal business purposes) or broadcast or publications media, (b) modify the Materials, (c) remove or alter any copyright or other proprietary notices contained in the Materials, or (d) reproduce, copy, or distribute graphics from the Site.

Copyright Complaints. MB respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide MB ’s copyright agent the following written information:

MB’s Copyright Agent for notice of claims of copyright infringement on this Site is Lee Sacks, who can be reached as follows:

Lee Sacks, Esq.
Mon Bijou™
31131 Via Colinas # 602
Westlake Village, CA 91362
USA
Tel: 818-706-2857 or 818-706-2143
Fax: 818-706-1507

Trademarks and Service Marks
The logos, marks, trade names, and the products and services described in this Site are either trademarks, service marks, or registered trademarks of MB or its licensors. Such marks may not be copied, imitated or used, in whole or in part, without the prior, written permission of MB or its licensors. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and related scripts) are service marks, trademarks, and/or trade dress of MB, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MB. All other trademarks, registered trademarks, product names, product designs and MB names or logos mentioned herein are the property of their respective owners.

Abuse of the Site or Services
We have the right, but not the obligation, to monitor any activity, information, or content associated with the Site and its services. We may investigate any reported violation of its policies or complaints and we may take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of information or content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

Linking
You may not use an MB logo or other proprietary graphic, design or trademark of MB to link to this Site without the express written permission of MB. This limited right may be revoked at any time. MB makes no claim or representation regarding and accepts no responsibility for the quality, content, nature, or reliability of third-party websites accessible by hyperlink from this Site or websites linking to this Site. MB is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by MB of the site or any information contained therein. When leaving the MB site, you should be aware that MB ’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

Submissions
You agree that any materials submitted to public areas of this Site, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or submissions to MB, or postings on this Site in public forums, are non-confidential and shall become the sole property of MB. MB shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to MB, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimers

"AS IS" BASIS.
THIS SITE AND THE PRODUCTS AND MATERIALS CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER.
MB DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. MB DOES NOT REPRESENT OR WARRANT THAT THE SITE OR MATERIALS THEREIN WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE MB ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, MB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MB reserves the right to change any and all content contained on this Site at any time without notice. Unless otherwise expressly indicated, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by MB. No information made available on the Site is for the purpose of providing legal, accounting or consulting advice.

LIMITATION OF LIABILITY
IN NO EVENT SHALL MB BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

Applicable Law and Venue
You and MB agree that this Agreement will be governed by the laws of the State of California, USA, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angeles County, California, USA. You and MB irrevocably consent to the jurisdiction of such courts.

General Terms
The terms and conditions set forth in this Agreement constitute the final, complete, and exclusive agreement with respect to your use of the Site and may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, any prior or contemporaneous representations, or any additional terms. Notwithstanding any of these terms and conditions, MB reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.