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TERMS OF USE
This Bellarte Restaurant
Website (http://www.bellarterestaurant.net) , designed
and operated by ANC On-Line Services Group (http://www.anc-online.com)
and officially controlled by The Governing Body of Bellarte,
and all of its Web Sites and information (the “Web
Site”) are provided to you under these "Terms
of Use" and any amendments to these Terms of Use
that may be posted by Bellarte and/or ANC On-Line Services
Group from time to time (collectively, the "Agreement").
BY ACCESSING, BROWSING AND/OR USING THIS SITE AND/OR
ANY WEB SITES PROVIDED BY BELLARTE RESTAURANT AND ANC
ON-LINE SERVICES GROUP, YOU AGREE TO BE BOUND BY THE
AGREEMENT. The Agreement constitutes the entire agreement
between you and BELLARTE RESTAURANT AND ANC On-Line
Services Group and supercedes any prior agreements between
you and BELLARTE RESTAURANT AND ANC On-Line Services
Group regarding the use and contents of this Web Site.
Privacy
ANC On-Line Services Group and
Bellarte Restaurant is committed to protecting your
privacy. The information that we obtain through your
use of the web site, or through any registration process
or otherwise, is subject to our Privacy Policy.
Modifications to this
Agreement
ANC On-Line Services Group and/or
Bellarte Restaurant may make changes to this Agreement
from time to time in its sole discretion, and will post
any such changes on the Web Site. Your continued use
of the Web Site constitutes your acceptance of any such
changes.
Modification or Suspension
of the Web Site
You agree that Bellarte Restaurant
and ANC On-Line Services Group may, in its sole discretion,
and at any time, discontinue, suspend or modify its
operation of this Web Site, or any part thereof, temporarily
or permanently, without notice to you, and you agree
that ANC On-Line Services Group shall not be liable
therefore.
User Conduct
You understand and agree that
all text, graphics, software, music, sound, photographs,
videos, messages, posts, data, information, or other
materials ("Content") are the sole responsibility
of the person from whom the Content originated. Thus,
you are responsible for all Content that you disseminate
or transmit through or by means of the Web Site.
You agree that you shall
not use the Web Site in any way to:
(1) Post, disseminate or transmit
any Content that is unlawful, harassing, defamatory,
abusive, threatening, obscene, harmful, tortuous, libelous,
and invasive of another's privacy.
(2) Post, disseminate or transmit
any Content which infringes or violates any party's
copyright, trademark, trade secret, patent or other
proprietary right, including but not limited to using
third party copyrighted materials without appropriate
permission, using third party trademarks without appropriate
permission or attribution, and using or distributing
third party information protected as a trade secret
in violation of a duty of confidentiality;
(3) Post, disseminate or transmit
any viruses or other harmful, disruptive or destructive
files, code or programs.
(4) Intentionally or unintentionally
violate any local, state, national or international
law.
(5) Post, disseminate or transmit
any unauthorized advertising, promotional materials,
chain letters, spam, junk mail or any other type of
unsolicited mass e-mail to people or entities that have
not agreed to be part of such mailings;
(6) Impersonate any person or
entity, falsely state or otherwise misrepresent your
affiliation with any person or entity, forge headers
or otherwise manipulate identifiers to disguise the
origin of any Content transmitted through the Web Site;
(7) Disseminate or transmit any
Content you do not have the right to disseminate or
transmit under law, or contractual or fiduciary relationships;
(8) Disrupt the normal flow of
dialogue or otherwise act in a manner that negatively
affects other users' ability to engage in real time
exchanges.
(9) Interfere with, disrupt,
or harm in any way the Web Site or servers or networks
connected to the Web Site;
(10) Stalk or otherwise harass
another
(11) Collect or store personal
data about other users;
(12) Harm minors in any way.
(13) Engage in any activities
that would violate the personal privacy rights of others,
including but not limited to, collecting and distributing
information about Internet users without their permission,
except as permitted by applicable law.
(14) Intentionally omit, delete,
forge or misrepresent transmission information, including
headers, return mailing and Internet protocol addresses.
(15) Engage in any activities
intended to withhold or cloak identity or contact information.
(16) Use the Web Site for any
illegal purpose, in violation of any applicable laws
or regulations or in violation of the rules of any other
Web Sites providers, web sites, chat rooms or the like;
(17) Intentionally or unintentionally
violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations
having the force of law.
User Content
You acknowledge that ANC On-Line
Services Group and Bellarte Restaurant does not generally
pre-screen Content, but that ANC On-Line Services Group,
Bellarte Restaurant and its designees shall have the
right (but not the obligation) in their sole discretion
to edit, refuse or move any Content that is available
via the Web Site, including but not limited to the listings
of the ANC On-Line Services Group Directory and Bellarte
Restaurant Group Directory. Without limiting the foregoing,
ANC On-Line Services Group, Bellarte Restaurant and
its designees shall have the right to remove any Content
that violates these Terms or Use or is otherwise objectionable.
You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness
of such Content. You acknowledge and agree that ANC
On-Line Services Group and Bellarte Restaurant may preserve
Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce these Terms of Use;
(c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights,
property, or personal safety of ANC On-Line Services
Group, Bellarte Restaurant, its users and the public.
You understand that the technical processing and transmission
of the Web Site, including your Content, may involve
(a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting
networks or devices.
By posting Content to the Web
Site, or by transmitting Content using the Web Site,
(1) you represent and warrant to Bellarte Restaurant
and ANC On-Line Services Group that you have all necessary
permission to post or transmit the information; and
(2) you grant to ANC On-Line Services Group and Bellarte
Restaurant a worldwide, non-exclusive, perpetual, royalty-free
license to fully sub licensable right and license to
use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and /or to
incorporate it in other works in any form, media, or
technology now known or later developed.
International Use
You agree to comply with all
applicable local laws regarding online conduct and acceptable
Content, including without limitation, laws regarding
the transmission of technical data exported from the
United States or the country in which you reside.
Proprietary Rights
You agree that content available
through the Web Site, including without limitation,
content in the form of text, graphics, software, music,
sound, photographs, and videos, and content provided
by suppliers, sponsors or third party advertisers, is
protected by copyrights, trademarks, Web Site marks,
patents or other proprietary rights and laws. Except
as expressly authorized by ANC On-Line Services Group,
Bellarte Restaurant, or the applicable supplier, sponsor
or advertiser, you agree not to copy, modify, rent,
lease, loan, sell, assign, distribute, license, reverse
engineer or create derivative works based on the Web
Site or any content (including without limitation any
software) available through the Web Site.
Links
The Web Site, or third parties
on the Web Site, may provide links to other sites and/or
resources over which ANC On-Line Services Group nor
Bellarte Restaurant has no control. You agree that ANC
On-Line Services Group nor Bellarte Restaurant has no
responsibility for and no liability for the availability
of such external sites or resources, or for the Content,
advertising, products or other materials available through
such sites or resources.
Indemnification
You agree to indemnify and hold
harmless ANC On-Line Services Group, Bellarte Restaurant,
its subsidiaries, affiliates, officers, directors, agents,
employees, co-branders or other partners, and suppliers,
from any claim, demand, action, or damage, including
reasonable attorneys' fees, made by any third party
due to, arising out of or related to your use of the
Web Site, Content you submit, post or transmit through
the Web Site, your violation of the Agreement or any
rights of another, or your connection to the Web Site.
Trademark Notices
ANC On-Line Services Group, the
ANC On-Line Services Group logo, are service marks,
trademarks and trade names of ANC On-Line Services Group.
Bellarte Restaurant, Bellarte Restaurant logo, are service
marks, trademarks and trade names of Bellarte Restaurant.
You may not use or display these marks without ANC On-Line
Services Group’ nor Bellarte Restaurant's prior
written consent. All other trademarks appearing on the
Web Site are the property of their respective owners.
Copyright
ANC On-Line Services Group and
Bellarte Restaurant respects the intellectual property
of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that
constitutes copyright infringement, please provide ANC
On-Line Services Group or Bellarte Restaurant the following
information:
1.an electronic or physical signature
of the person authorized to act on behalf of the owner
of the copyright interest.
2.a description of the copyrighted
work that you claim has been infringed.
3.a description of where the
material that you claim is infringing is located on
the Web Site.
4.your address, telephone number,
and email address.
5.a statement 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;
6.a statement by you made under
penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
This information should be sent
to ANC On-Line Services Group at the following:
By mail:
ANC On-Line Services Group
1221 Bruce B. Downs Blvd, #115
Wesley Chapel, Florida 33543
By telephone:
813.382.9310
By email:
support@anc-online.com
Applicable Law
This Agreement shall be governed
by and construed in accordance with the laws of the
State of Florida, without giving effect to conflict
of laws provisions.
Miscellaneous
If any provision of this Agreement
is found by a court or other binding authority to be
invalid, you agree that every attempt shall be made
to give effect to the parties' intentions as reflected
in that provision, and the remaining provisions contained
in this Agreement shall continue in full force and effect.
You agree that any claim or cause
of action arising out of your use of the Web Site or
this Agreement must be filed within one year after such
claim or cause of action arose or it shall forever be
barred, notwithstanding any statute of limitations or
other law to the contrary.
Any failure by ANC On-Line Services
Group or Bellarte Restaurant to enforce or exercise
any provision of this Agreement or related right shall
not constitute a waiver of that right or provision.
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