By accessing, viewing, downloading or otherwise using Bijou Arte or any webpage or feature available through Bijou Arte, any information provided as part of the Bijou Arte services, or any related emails, newsletters or services (hereinafter collectively “Bijou Arte” or the “Services”), or by clicking “Bijou Arte” during the registration (Sign-Up) process, you conclude a legally binding agreement with Bijou Arte based on the terms of this Bijou Arte Terms & Conditions of Use (“Agreement”) and become a Bijou Arte user (“User”).
If you are using Bijou Arte on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by these Terms & Conditions of Use. If you do not want to become a User, do not conclude the Sign-Up, do not click “Sign-Up”, do not access, view, download or otherwise use any Bijou Arte webpage, information or services.
By becoming a User, you acknowledge that you have read and understood these Terms & Conditions of Use and that you agree to be bound by all of its provisions.
1. Your Obligations (The User)
User and Compliance with Laws:
You must comply with all applicable laws, the Terms & Conditions of Use, as may be amended, and the following terms, which are incorporated into those Terms & Conditions of Use:
As a condition to access Bijou Arte, you agree to these Terms & Conditions of Use and to strictly observe the following Dos and Don’ts:
Comply with all applicable laws, including, without limitation, taxation laws, export control laws and regulatory requirements of all legal jurisdictions;
Provide accurate information to us and update details as necessary;
Review and comply with notices sent by Bijou Arte concerning Bijou Arte;
Include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature;
Utilize information, content or any other data you view on and/or obtain from Bijou Arte to provide any service that is competitive, in Bijou Arte’s sole discretion, with Bijou Arte;
Make implications or state, directly or indirectly, that you are affiliated with or endorsed by Bijou Arte unless you have entered in to a written agreement with Bijou Arte.
Duplicate, license, sub-license, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Bijou Arte (excluding content posted by you) except as permitted in the User Agreement;
Attempt to reverse engineer, decompile, disassemble, decipher or otherwise to derive the source code for any underlying intellectual property used to provide Bijou Arte, or any part thereof;
Adapt, modify or create derivative works based on Bijou Arte or technology underlying the Services, or other Users’ content, in whole or part;
Lease, loan, rent, trade, sell/re-sell access to Bijou Arte or any information therein, or the equivalent, in whole or part;
Deep-link to the Site for any purpose, (i.e. including a link to a Bijou Arte web page other than Bijou Arte’s home page) unless expressly authorized in writing by Bijou Arte or for the purpose of promoting your profile or otherwise on Bijou Arte;
Access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
Use or attempt to use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
Use or attempt to use automated methods to add contacts, send messages or other permitted activities;
Access or attempt to access via automated or manual means or processes, Bijou Arte for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
Engage in or attempt to engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Bijou Arte’s website;
Access or attempt to access Bijou Arte by any means other than through the interface provided by Bijou Arte;
Override or attempt to override any security component included in or underlying Bijou Arte;
Engage in or attempt to engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
Remove or attempt to remove any copyright, trademark or other proprietary rights notices contained in or on Bijou Arte, including those of both Bijou Arte or any of its licensors;
Remove or attempt to remove, cover or otherwise obscure any form of advertisement included as part of Bijou Arte;
Use or attempt to use any information obtained from Bijou Arte to harass, abuse or harm another person;
Collect or attempt to collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Bijou Arte except as expressly permitted in these Terms & Conditions or the owner of such information may expressly permit;
Interfere or attempt to interfere with or disrupt Bijou Arte, including but not limited to any servers or networks connected to Bijou Arte, or disobey any requirements, procedures, policies or regulations of networks connected to the Bijou Arte;
Invite persons with whom you have no purposeful relationship to join your network;
Upload or attempt to upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo;
Use or attempt to use another’s account without authorization from the Company, or create a false identity on Bijou Arte;
Infringe or use, or attempt to infringe or use Bijou Arte’s brand, logos and/or trademarks, including, without limitation, using the word “Bijou Arte” in any business name, email, or URL or including Bijou Arte’s trademarks and logos on any website without authorization;
Upload or attempt to upload, post, email, transmit or otherwise make available or initiate any content that:
– Wrongly/Falsely states, impersonates or otherwise misrepresents your personal identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
– Is unlawful, libellous, abusive, obscene, discriminatory or otherwise of an objectionable nature;
– Includes any personally identifiable information for which there is not a field provided by Bijou Arte;
– Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– Infringes upon copyrights, patents, trademarks, trade secrets, or other proprietary rights;
– Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Bijou Arte invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Bijou Arte to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
– Contains or may contain software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Bijou Arte or any User of Bijou Arte;
– Falsify or forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
– Include information into a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).
Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices;
License and warrant your submissions:
You do not have to submit anything to us, however, if you choose to submit something (including any User generated content, ideas, concepts, techniques or data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-license, fully paid up and royalty free right for us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform Bijou Arte in the event that any such information has changed since your registration with Bijou Arte and, if appropriate, you agree to make such modifications yourself to your profile.
It is also very important that before signing-up to Bijou Arte, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of Bijou Arte Users and to Bijou Arte and you must not communicate to Bijou Arte and its Users any information the dissemination of which could be harmful to you.
Eligibility for the use of the services:
You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Bijou Arte; (c) are not a direct competitor of Bijou Arte; (d) do not have more than one Bijou Arte account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Bijou Arte, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
It is vital that you keep your password confidential, do not use other Users’ accounts and do not let others use your account. You are entirely responsible for anything that happens through your account — until you notify us of a breach, close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Bijou Arte account or any information therein to another party or charging anyone for access to any portion of Bijou Arte or any information therein.
You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Bijou Arte or (c) any activity in which you engage on or through the Bijou Arte.
Notification to us of acts contrary to these Terms & Conditions of Use:
If you believe that you are entitled or obligated to act contrary to these Terms & Conditions of Use under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to these Terms & Conditions of Use, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Certain parts of the Service may be available via your mobile phone (cell-phone) or accessible on your mobile phone (cell-phone) through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Bijou Arte account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
Associated Blogs / Chat Rooms / Forums:
Bijou Arte may include various Blogs, Chat Rooms and Forums where you can post your observations and comments on designated topics. Bijou Arte cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Bijou Arte and the Bijou Arte affiliates are not to be held responsible for the misuse by any member or the miss-appropriation of any content or information that you the User should post in any Blog, Chat Room or Forums.
2. Your Rights — What You May Do (Right of Access)
3. Our Rights and Obligations — What We Must And May Do
The purpose of Bijou Arte is to provide a service to facilitate professional networking among Users throughout the world. It is intended that Users only connect to other Users who they currently know or connect to other users who have those attributes required to expand and benefit their networks and seek to further develop a professional relationship with those Users.
For as long as Bijou Arte continues to offer services, Bijou Arte shall provide (and seek to update, improve and expand, in similar and different new ways) the Bijou Arte platform and service with the purpose of providing all members with professional networking connectivity, through Bijou Arte’s proprietary tools, rules and protocols which Bijou Arte may update, improve, discontinue and change at any time, at Bijou Arte’s sole discretion.
Any other use of Bijou Arte (such as seeking to generate revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of these Terms & Conditions of Use.
We allow you to access Bijou Arte as it may exist and be available on any given day. We have no other obligations, except as expressly stated in these Terms & Conditions of Use. We may modify, replace, refuse access to, suspend or discontinue Bijou Arte, partially or entirely, or to charge and modify prices for Bijou Arte. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Bijou Arte and all related items.
Bijou Arte reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Bijou Arte has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Bijou Arte may include or automatically produce links to third party web sites (“Third Party Sites”). Bijou Arte is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Bijou Arte may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). If you decide to leave Bijou Arte and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms & Conditions of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Bijou Arte or relating to any applications you use or install from the site.
Bijou Arte enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by Bijou Arte and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile (cell phones) or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with due legal process; (b) enforce these Terms & Conditions; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Bijou Arte, the Bijou Arte Affiliates, its Users and the public.
Bijou Arte may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
You are solely responsible for your interactions with other members. Bijou Arte reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Bijou Arte determines, in its sole discretion, that doing so is prudent.
Do not rely on Bijou Arte as we provide a platform for Bijou Arte and all information and services on an “AS-IS” and “AS AVAILABLE” basis. We do not provide any express warranties or representations.
To the fullest extent permissible under applicable law we disclaim any and all implied warranties and representations including without limitation any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. If you are dissatisfied or harmed by Bijou Arte or anything related in accordance with these Terms & Conditions of Use here-in and such termination shall be your sole and exclusive remedy.
Bijou Arte is not responsible, and makes no representations or warranties for the delivery of any messages (such as in-mails, postings of messages or transmissions of any other user generated content) sent through Bijou Arte to anyone in addition we neither warrant or represent that your use of the service will not infringe the rights of third parties, any material, service or technology described on the website may be subject to intellectual property rights owned by third parties who may have licensed such material, service or technology.
Bijou Arte does not have any obligation to verify the identity of the persons subscribing to its services nor does it have any obligation to monitor the use of its services by other users of the community therefore Bijou Arte declines all liability for identity theft or any other misuse of your identity or information.
Bijou Arte does not guarantee that the services which it provides will function without interruption or errors in functioning in particular their operation may be temporarily interrupted due to maintenance updates or technical improvements. Bijou Arte disclaims all liability for damages caused by any such interruption or errors in functioning furthermore, Bijou Arte disclaims all liability for any miss-function impossibility of access or poor use conditions of the Bijou Arte site due to inappropriate equipment, disturbances linked to the internet, service provider to the saturation of the internet and for any other reason unrelated to Bijou Arte.
5. Limitation of Liability
This is included as some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may or may not apply to you.
Neither Bijou Arte nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Bijou Arte Affiliates”) shall be liable for (1) any damages in excess of ten times the most recent monthly fee that you paid for an account, if any, or $1.00, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Bijou Arte even if Bijou Arte is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
1. Apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
2. Not apply to any damage that Bijou Arte Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
Termination of Service
You may terminate this service, for any or no cause, at any time, with notice to Bijou Arte which shall be effective upon Bijou Arte processing such notice. Bijou Arte may terminate the access of the User for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services (when available) may be terminated only by Bijou Arte or the party paying for such services. Termination of your Bijou Arte account includes disabling your access to Bijou Arte (including any content you submitted or others submitted) and may also bar you from any future use of Bijou Arte.
Furthermore, Bijou Arte has adopted a policy of terminating, in appropriate circumstances and at Bijou Arte’s sole discretion, members who are deemed to be repeat infringers under the United Kingdom’s (UK) Copyright Law (International law applied where applicable). Bijou Arte may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Consequences of Termination
Upon termination, you lose access to Bijou Arte. These Terms & Conditions of Use shall survive any termination, except Sections 2 and 3 hereof.
United Kingdom Law and Arbitration
Choice of Law:
These Terms & Conditions of Use and any disputes with us or any Bijou Arte Affiliate arising out of or relating to these Terms & Conditions of Use or Bijou Arte (“Disputes”) shall be governed by laws of the United Kingdom (UK).
Agreement to Arbitrate and Payment of Legal’ Fees:
Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the laws of the United Kingdom in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement:
Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Refundable Fee Advances for Consumers:
If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings the United Kingdom (UK) only.
General Terms & Conditions
If any provision of these Terms & Conditions of Use is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of these Terms & Conditions of Use.
We may notify you via postings on www.Bijou Arte.org , and via e-mail or any other communications means to contact information you provide to us. You may also notify us via the online contact facilities on the website and any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement to Terms & Conditions of Use:
You agree that these Terms & Conditions of Use constitutes the entire, complete and exclusive Terms & Conditions of Use between You (User) and Us (Provider) regarding the Service and supersedes all prior Terms & Conditions of Use and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms & Conditions of Use.
Amendments to these Terms & Conditions of Use:
We reserve the right to modify, supplement or replace the terms of these Terms & Conditions of Use, effective upon posting at www.glass-haus.org or notifying you otherwise. If you do not want to agree to changes to these Terms & Conditions of Use, you can terminate your User rights at any time hereof.
No Informal Waivers, Agreements or Representations:
The failure of Bijou Arte to act with respect to a breach by you or by others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Bijou Arte Affiliate shall be deemed legally binding on any Bijou Arte Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Bijou Arte.
No Injunctive Relief:
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Bijou Arte Affiliates are not parties, but intended third party beneficiaries of these Terms & Conditions of Use, with a right to enforce these Terms & Conditions of Use directly against you.
Assignment and Delegation:
You may not assign or delegate any rights or obligations under these Terms & Conditions of Use and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms & Conditions of Use, fully or partially. We may also substitute, by way of unilateral notation, effective upon notice to you, Bijou Arte for any third party that assumes our rights and obligations under these Terms & Conditions of Use.
Complaints (Including Copyright & Content Infringement):
Regarding copyright infringement complaints, see our policies and procedures set out below and with respect to content-related complaints, see our policies and procedures also set out below.
Claims Regarding Copyright Infringement:
Each User grants Bijou Arte a license to use the content supplied by each such User for the purposes of disclosure on the Bijou Arte website.
This license includes, inter alia, the right for Bijou Arte to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Bijou Arte and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes Bijou Arte to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of these Terms & Conditions of Use. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Bijou Arte for any purpose other than for those purposes strictly related to use of the Bijou Arte services for personal purposes.
Bijou Arte has designated an operative to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Bijou Arte’s Copyright Manager the following information:
An electronic or physical signature of the person(s) authorized to act on behalf of the owner of the copyright interest;
A full description of the copyright material that you claim has been infringed;
A full description of where the material that you claim is being infringed is located on the Site;
Your full address with postcode (zip code), telephone number and e-mail address, where applicable;
A full written statement supplied 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
A full statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner(s) or authorized to act on the copyright owner(s)’s behalf.
Bijou Arte’s Copyright Manager for Notice of claims of copyright infringement can be reached as follows: by e-mail at CopyrightManager@glass-haus.org
Bijou Arte may suspend, remove or disable access to the material that is alleged to be infringing;
Bijou Arte may forward the written notification to such alleged infringer; and
Bijou Arte may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Bijou Arte’s Copyright Manager.
To be effective, a Counter-Notification must be a written communication provided to the Bijou Arte’s Copyright Manager for Notice that includes the following information:
A physical or electronic signature(s) of the alleged infringer(s);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer(s) has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
The alleged infringer’s name(s), address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United Kingdom, for any judicial district in which Bijou Arte may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined above:
Bijou Arte may promptly provide you with a copy of the Counter-Notification;
Bijou Arte may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
Bijou Arte may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Bijou Arte’s Copyright Manager for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Bijou Arte’s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
Notice and Procedure for Making Complaints Regarding Content
To notify Bijou Arte of Content that infringes your rights (other than copyright violations in which case please e-mail ContentComplaintManager@glass-haus.org or is otherwise unlawful (“Specified Content”), you must send a notice to the Bijou Arte Content Complaint Manager by e-mail and provide the following information:
Your full name, address with postcode (zip code), telephone number and e-mail address;
A full description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
A full description of the exact location of the Specified Content on the Web Site;
(In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
(In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
A full statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Bijou Arte Content Complaint Manager
Contact information for Bijou Arte’s Content Complaint Manager is as follows: