PRIVACY & TERMS OF USE

This website is comprised of the website and various web pages operated by Soleil Studio.  By using the Soleil Studio website, you agree to Soleil Studio’s collection, storage, use, transfer, disclosure, sharing and/or publishing of your data.  By submitting your mobile/commercial/residential telephone number(s) and/or email address(es) – which you are not required to do –, you expressly consent to receiving text messages, telephone calls and emails regarding transactions, schedules, solicitations and advertising from Soleil Studio and from Soleil Studio’s affiliates and third-party business partners.

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The Soleil Studio website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Soleil Studio website constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE

Soleil Studio reserves the right to change the terms, conditions, and notices under which the Soleil Studio website is offered.

 

LINKS TO THIRD PARTY SITES

The Soleil Studio website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Soleil Studio, and Soleil Studio is not responsible for the contents or operation of any Linked Site, including without limitation: Linked Sites’ privacy policies; Linked Sites’ collection, storage, security and distribution of data; any link contained in a Linked Site; or any changes or updates to a Linked Site. Soleil Studio is not responsible for webcasting or any other form of transmission received from any Linked Site.

 

Soleil Studio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Soleil Studio of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Soleil Studio website, you warrant to Soleil Studio that you will not use the Soleil Studio website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Soleil Studio website in any manner which could damage, disable, overburden, or impair the Soleil Studio website or interfere with any other party’s use and enjoyment of the Soleil Studio website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Soleil Studio website.

 

USE OF COMMUNICATION SERVICES

The Soleil Studio website 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 content 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 but not limited to, email addresses, without their consent.

• Violate any applicable laws or regulations.

 

Soleil Studio has no obligation to monitor the Communication Services. However, Soleil Studio reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Soleil Studio reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Soleil Studio 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 Soleil Studio’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Soleil Studio does not control or endorse the content, messages or information found in any Communication Service and, therefore, Soleil Studio 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 Soleil Studio spokespersons, and their views do not necessarily reflect those of Soleil Studio.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/ordissemination. You are responsible for adhering to such limitations if you download the materials.

 

MATERIALS PROVIDED TO SOLEIL STUDIO OR POSTED AT ANY SOLEIL STUDIO WEBSITE

Soleil Studio does not claim ownership of the materials you provide to Soleil Studio (including feedback and suggestions) or post, upload, input or submit to any Soleil Studio website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Soleil Studio, its affiliated companies and necessary sublicensees a perpetual, worldwide, irrevocable, transferrable license 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. Soleil Studio is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Soleil Studio’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 SOLEIL STUDIO WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOLEIL STUDIO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOLEIL STUDIO WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE SOLEIL STUDIO WEBSITE 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.

 

SOLEIL STUDIO 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 SOLEIL STUDIO WEBSITE 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. SOLEIL STUDIO AND ITS AFFILIATED COMPANIES, AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, CONTRACTORS AND SUPPLIERS (COLLECTIVELY, “SOLEIL STUDIO GROUP”) 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, ACCURACY AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SOLEIL STUDIO GROUP 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 SOLEIL STUDIO WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SOLEIL STUDIO WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SOLEIL STUDIO WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SOLEIL STUDIO WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SOLEIL STUDIO GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 SOLEIL STUDIO WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOLEIL STUDIO WEBSITE.

 

SERVICE CONTACT : soleilstudionh.com@gmail.com

 

TERMINATION/ACCESS RESTRICTION

Soleil Studio reserves the right, in its sole discretion, to terminate your access to the Soleil Studio website and the related services or any portion thereof at any time, without notice.

 

You are not permitted to “scrape”, “harvest” or re-post any information contained anywhere within the Soleil Studio website, nor to use or re-post any Soleil Studio intellectual property. If you nonetheless do so, you agree to pay for all of Soleil Studio’s attorneys’ fees and other costs and expenses involved in Soleil Studio remedying your violation of the foregoing.

 

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire, U.S.A., without regard for its conflict of laws rules, which are hereby waived, and you hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire, U.S.A., to adjudicate all disputes arising out of or relating to the use of the Soleil Studio website. Use of the Soleil Studio website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Soleil Studio as a result of this agreement or use of the Soleil Studio website. Nothing contained in this agreement is in derogation of Soleil Studio’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Soleil Studio website or information provided to or gathered by Soleil Studio 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 Soleil Studio with respect to the Soleil Studio website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Soleil Studio with respect to the Soleil Studio website. 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. The parties hereto confirm that it is their wish that this agreement, as well as other documents relating hereto, including all notices, have been and shall be written in the English language only.

 

COPYRIGHTS

All contents of the Soleil Studio website are the exclusive property of Soleil Studio. All rights reserved.

 

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Soleil Studio website any materials that violate another party’s intellectual property rights. We do not routinely audit posted materials for intellectual property infringement. As such, if you have a good faith belief that any posting on the Soleil Studio website infringes your intellectual property rights, submit the following infringement notice to us by email at “soleilstudionh.com@gmail.com.”

 

Notice of Claimed Infringement

 

Date: __________________________

 

Soleil Studio

85 Emerald Street

Suite #104

Keene, New Hampshire 03431 USA

 

I, the undersigned, state UNDER PENALTY OF PERJURY that I am the owner, or an agent authorized to act on behalf of the owner, of certain intellectual property rights (“IP Owner”). I have a good faith belief that the following materials on your website are not authorized by the IP Owner, its agent, or the law, and therefore infringe the IP Owner’s rights. These materials consist of:

 

[DESCRIPTION OF ALLEGEDLY INFRINGING MATERIALS]

 

The information in this notice is accurate. I can be contacted at:

 

Name of IP Owner:

Name and title of person alleging infringement:

Company:

Address:

City, State, and Zip:

Email address:

Telephone:

Fax:

 

When we receive the foregoing completed notification of alleged infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).

 

REPEAT INFRINGER POLICY

In accordance with the DMCA and other applicable law, Soleil Studio has adopted a policy of terminating, in appropriate circumstances and at Soleil Studio’s sole discretion, access by users who are deemed to be repeat infringers. Soleil Studio may also, at its sole discretion, limit access to the Soleil Studio website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.