PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of http://www.champs-elysees.com following the posting of changes to these terms (including the Champs-Elysées Privacy Policy) will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Champs-Elysées, Inc. (referred to as "CHAMPS-ELYSEES," "we," "us," or "our" herein). Please read our Copyright information and restrictions on use of materials.

FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, discussion forum, or e-mail function offered as part of http://www.champs-elysees.com. You shall not upload to, distribute through, or otherwise publish through http://www.champs-elysees.com any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other http://www.champs-elysees.com guests to join or become members of any commercial online service or other organization is expressly prohibited.

It is our policy to respect the privacy of all guests (see our Privacy Policy). Guests shall remain solely responsible for the content of their messages. As part of this Web Site User Agreement you accept the terms of our Privacy Policy.

DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHAMPS-ELYSEES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHAMPS-ELYSÉES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHAMPS-ELYSÉES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CHAMPS-ELYSEES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LINKS
Champs-Elysées is not responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against Champs-Elysées with respect to such sites.

Champs-Elysées does not endorse any of the merchandise, nor has Champs-Elysées taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Champs-Elysées does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of third parties.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CHAMPS-ELYSEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF CHAMPS-ELYSEES OR A CHAMPS-ELYSÉES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CHAMPS-ELYSÉES'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT (Digital Millennium Copyright Act Policy)
This policy is implemented to take advantage of the limitations of liability for online service providers under the Digital Millennium Copyright Act of 1998. Champs-Elysées, Inc. and its affiliates respect the rights of holders of copyrights. Users who are found to violate the copyright rights of others may be denied access to Champs-Elysées, Inc.'s Web site(s).

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the following Designated Agent for Champs-Elysées, Inc.:

Art Fourier
Champs-Elysées, Inc.
PO Box 158067
Nashville
TN 37215-8067
USA

t: (615) 383 8534
f: (615) 297-3138
E-mail: art at champs-elysees.com

To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work(s) claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Champs-Elyseacute;es, Inc. to locate the material; 4. Information reasonably sufficient to permit Champs-Elyseacute;es, Inc. to contact the complaining party (such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted);
5. A statement that the complaining party believes in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed. When properly notified of the potential infringement, Champs-Elysées, Inc. will disable access to the identified material unless it is determined that it is lawful.

LAST UPDATED: [03/01/2008]

© Champs-Elysées, Inc. 2008. All rights reserved.