Barraclou.com operation goals, terms of use, conditions of use and privacy policy. Updated: June 10, 2006
OPERATION GOALS It is the goal of Jean-Francois Brulotte to operate Barraclou.com in a full functional operation 24 hours a day, 365 days a year. However, there are occurences beyond our control that limit our ability to provide 100% uptime operation of all features. This document will explain our operation and detail our response plan for operational issues. In no event shall Jean-Francois Brulotte and / or Barraclou.com be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use Barraclou.com, even if advised of such damages. Barraclou.com are a quite small and growing internet operation. For economic reasons Jean-Francois Brulotte's Barraclou.com do not maintain redundent equipment maintained at seperate facilities to create a fail safe environment like many larger web operations. Instead we assessed the risks and manage our performance goals accordingly. Barraclou.com operate on a shared web server which is located at a network facility at GoDaddy.Com, Inc., our current webhoster. In the event of a hardware or software failure the site may be down for for a moment. During some quick moments our
system may be unavailable due to data backups. In most cases shutdowns occur in blocks of than
less than 30 minutes in duration. ACCEPTANCE OF TERMS THROUGH USE By using Barraclou.com, a web site published by Jean-Francois Brulotte, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. AGREEMENT TO RULES OF USER CONDUCT You agree to abide by Jean-Francois Brulotte and / or Barraclou.com's Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found here. Jean-Francois Brulotte and / or Barraclou.com reserves the right, at its sole discretion, to terminate any user for violation of the Rules of User Conduct. PROPRIETARY RIGHTS You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Jean-Francois Brulotte and / or Barraclou.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Jean-Francois Brulotte and / or Barraclou.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Jean-Francois Brulotte and / or Barraclou.com. For information
on requesting such permission, please contact USER'S GRANT OF LIMITED LICENSE By posting or submitting content to this site and / or to a e-mail address hosted on these domain, you: grant Jean-Francois
Brulotte and / or Barraclou.com
and its affiliates and licensees the right to use, reproduce, display, perform,
adapt, modify, distribute, have distributed, and promote the content in any
form, anywhere and for any purpose; and PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe
that your work has been copied and is accessible on this site in a way that
constitutes copyright infringement, you may notify Jean-Francois
Brulotte and / or Barraclou.com at DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. JEAN-FRANCOIS BRULOTTE AND / OR BARRACLOU.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL JEAN-FRANCOIS BRULOTTE AND / OR BARRACLOU.COM, ITS EMPLOYEES, CONTRACTORS, OFFICERS AND DIRECTORS, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JEAN-FRANCOIS BRULOTTE AND / OR BARRACLOU.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JEAN-FRANCOIS BRULOTTE AND / OR BARRACLOU.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. LINKS
EVENTS
INDEMNIFICATION Upon a request by Jean-Francois Brulotte and / or Barraclou.com you agree to defend, indemnify, and hold harmless Jean-Francois Brulotte and / or Barraclou.com and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site or of information derived from this site. Jean-Francois Brulotte and / or Barraclou.com reserve the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate Jean-Francois Brulotte and / or Barraclou.com in asserting any available defenses. INTERNATIONAL USE Jean-Francois Brulotte and / or Barraclou.com makes no representation that materials on this site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. CHOICE OF LAW AND FORUM These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the province or federal courts located in the Province of Quebec, Canada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. SEVERABILITY AND INTEGRATION Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Jean-Francois Brulotte and / or Barraclou.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Jean-Francois Brulotte and / or Barraclou.com with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TERMINATION Jean-Francois Brulotte and / or Barraclou.com reserve the right, in their sole discretion, to terminate your access to all or part of this site, with or without notice. PRIVACY POLICY Barraclou.com are committed to providing service that exceeds the expectations of site visitors and those who register for our services or conduct e-commerce via our web site. This commitment extends to the expectations you may have about maintaining your privacy and that of the members of your family, when it comes to use of any "personally identifiable information" you may provide. We believe it is important to explain our information gathering practices and the choices you can make about the way your information is collected and used, including any personally identifiable information which Barraclou.com business partners may share with us. Our policy naturally does not apply to the practices of companies that we do not own or control or to any persons whom we do not employ or manage. To make this notice easy to find, it is prominently displayed on our home page and at each place where personally identifiable information may be provided. Here's the explanation of our privacy policy: Personally identifiable information is collected by us when you register for our services, decide to place an order (personally or as gifts for others), enter a contest, participate in a survey, or make a general inquiry. We may also receive personally identifiable information you have volunteered to one of our business partners. The information requested when you register with us may include the following: name, address, postal / zip code, phone / fax number, age or date of birth, and e-mail address. If you elect to place an order with one of our business partners, participating merchants, or advertisers, you will need to volunteer additional fulfillment-related necessities, including shipping preferences and credit card information. With regard to surveys or contests in which you elect to participate, we may request additional demographic information along with basic information regarding your reading, hobby, or personal interests and how Barraclou.com or our business partners may better serve those needs. Name, address and other contact information may be collected so that we can respond to any customer service issue, request for information or other general inquiry, along with (of course) information about the nature of your inquiry. It is important for you to understand that no personally identifiable information is captured or retained unless you directly volunteer it. Once volunteered, you are not anonymous to us. Uses of Information The fundamental (and essential) use of the information we collect is to respond and fulfill your needs as a web site visitor, registrant or customer. In other words, the information is necessary and is used to transact the e-commerce you wish to conduct via our site, to fulfill your desire to enter a contest, to acknowledge your interest in participating in a survey, or to resolve the customer service matter or other inquiry you have brought to our attention. We also use the information to contact you about specials and new products, to tailor the advertising and content you see on our pages according to your interests. On occasion and only for those who are 13 years or older your personally identifiable information may be made available to other reputable companies or organizations for marketing or information gathering purposes. You may request to be excluded from all such promotional efforts by contacting us directly or by taking other proactive measures, as specified below. Demographic and other information volunteered in connection with surveys are used primarily for internal purposes to improve our responsiveness and/or that of our business partners, participating merchants and advertisers to your wants, needs, interests, opinions and suggestions. On occasion, the aggregate findings and results of such surveys may be published as a matter of general interest to the respondent groups who provided the information, and/or for the benefit of trade associations or others who may occasionally sponsor such surveys. In all such cases, the aggregate findings and results are reported "blind" without identifying any individuals from whom the data was collected. Maintaining Your Personal Privacy and Security All personally identifiable information, which you provide, is password-protected for your privacy and security. All data transmission of credit card information sent by you to us or forwarded by us to participating merchants for fulfillment purposes is "encrypted" using industry-standard Secure Sockets Layer (SSL) technology. "Encryption" is used to prevent the information from being intercepted. Opting Out At the time you volunteer personally identifiable information and at anytime thereafter you can direct us not to use this information for marketing or informational mailings or to otherwise share this information with business partners, participating merchants, advertisers or other reputable third parties. If you do so, your personally identifiable information will be flagged in our system as "do not promote" to correspond with your request. The easiest way to do this is to go to our home page, select the "update profile" option, and answer "no" to the question that pertains to the use of your personally identifiable information for promotional purposes. You can also "opt out" by sending such directions to Barraclou.com at Special Privacy Protections and Safeguards for Children Certain areas of our site are designed specifically for minors, including children under the age of 13, for whom special privacy provisions are applicable, as set forth by the U.S. Federal Trade Commission. Barraclou.com encourage parents and guardians to spend time online with their children and to participate in the activities offered on our sites. Although we also encourage and specifically direct all children to please ask your parents for permission before sending any information about yourself over the Internet, it is not possible within the capability of current technology for anyone to know for certain who is transacting business with them online. We cannot and do not ask minors to provide or disclose more information than is necessary from any other visitor or customer in their dealings with us. Unless otherwise
disclosed during collection, Barraclou.com do not use or provide any
personally identifiable information from registrants under the age of 13 for
marketing or promotional purposes, except as may be explicitly stated during
registration for specific contests or promotions; and if that is the case,
the information is used only for that specific contest or promotion.
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