Legal

Terms of use

Welcome to www.colony2139.com (the “website”), the website of B&B, LLC, dba TOWNES, a California limited liability company (the “company”). Please review the following terms and conditions of use, which govern your use of the website, and the privacy policy, which describes the company’s policies with respect to your privacy. As used herein, “agreement” shall mean and include both the terms of use and the privacy policy.

By using the colony2139.com website you agree to the terms of use and the attached privacy policy. If you do not understand or do not agree with the terms of this agreement, please do not provide us with personal information and please close out of the website.

We may modify this agreement, including the terms of the privacy policy, at our discretion and for any reason at any time. We encourage you to review this agreement each time you use the website, since you are bound by the terms of this agreement each time you elect to use the site.

Who may use the website
By using the website, you represent and warrant that (a) all information you submit to us is and will remain truthful and accurate; (b) you are eighteen (18) years of age or older or, if you are between the ages of fourteen (14) and eighteen (18) years of age, your parent or legal guardian has set up your account and consented to the terms of use and privacy policy; and (c) you have no reason to believe that your use of the website violates any applicable law or regulation or any third party’s rights. Your right to access the website may be terminated without warning if we believe or learn that you are under fourteen (14) years of age or between fourteen (14) and eighteen (18) years of age and your parent or legal guardian has not consented to your use of the website. If you are under the age of eighteen (18), the consent of your parent or guardian, as evidenced by your use of this site, shall continue to be effective until expressly revoked. Use of the website is void where prohibited.

Your proprietary rights in content; license granted to the company

By posting any content on the website’s blog or elsewhere on the website, you hereby grant to the company a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the website.

The license herein granted is non-exclusive, fully paid, royalty-free, worldwide, and may be sublicensed to the extent necessary (such as in connection with content delivery networks that provide the website).

You represent and warrant that: (i) you have the right to grant the license set forth in this section and you have the right to use and control the content posted, and (ii) the posting of your content on our website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content you post on the website.

You are solely responsible for the content that you post on the website. The company does not endorse and has no control over content posted by you or any other user. Notwithstanding the foregoing, the company has the right, at any time and without notice to you, to remove any content you post.

Content posted by the company and third parties

The website contains certain content posted by the company. This content is protected by copyright, trademark, patent, trade secret and other laws, and the company owns and retains all rights in the content we post. The website may also contain content owned by other users and licensors. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing anywhere on the website, other than any content you post. We generally do not review or approve any user content before posting, and no content posted by users reflects the opinion or view of the company, its owners, officers, directors or employees. The company makes no warranties, express or implied, as to the content or to the accuracy and reliability of any content on the website (except only to the extent required by applicable law with respect to content posted by the company), and is not responsible for the accuracy of any such content.

Company trademarks

“COLONY 2139” and other marks indicated on our website as trademarks are trademarks of the company and/or our affiliates. All rights in such names are hereby reserved by the company and/or our affiliates, as applicable.

The company (including our affiliates, if applicable) is the sole owner of all product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all products shown on the website or produced by the company.

Whether or not any such item is clearly marked as a trademarked item, the intellectual property associated with all of the foregoing belongs exclusively to the company or the respective owners of such intellectual property, and you shall have no right to reproduce, copy, dilute or otherwise use such property or confusingly similar property except in strict compliance with national and international trademark and copyright laws. Your use or misuse of this intellectual property, except as permitted herein, is expressly prohibited.

Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the website are owned by the company or its third-party licensors or affiliates to the full extent provided under the united states copyright act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the website for any purpose.

Prohibited content and activity policy

For your own safety and security, you are not permitted to post your last name, telephone number, street address or similar personal identifying information on publicly accessible areas of the website. In addition, our policy forbids the posting of any content and the conduct of any activity that, in our sole and absolute discretion, is illegal, commercial, sexually explicit, racist, violent, hateful, offensive, or promotes activity that is in any way illegal, violent or offensive. The company reserves the right to investigate, remove any content posted in violation of our policies, and take appropriate legal action against anyone who, in our sole discretion, violates our policies. Such legal action may include, among other things, reporting a violator to the legal authorities.

By way of illustration (but not by way of limitation) the following are some specific examples of activity that is illegal or prohibited on the website: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any other user to buy or sell any products or services. You may not transmit any chain letters or junk email through the website or use any information obtained from the website in order to contact, advertise to, solicit, or sell to anything to another user without such user’s explicit prior written consent; covering or obscuring the banner advertisements on your personal profile page, or any other page of the website via html/css or any other means; any automated use of the system, such as using scripts to add contacts or send comments or messages; interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website; attempting to impersonate another user or other person; using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account; using any information obtained from the website in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website, whether on your own behalf or on behalf of a third person, including but not limited to the posting of commercial content on your profile, the posting of blogs or bulletins with a commercial purpose, and sending private messages with a commercial purpose; or using the website in a manner inconsistent with any and all applicable laws and regulations.

The company reserves the right, in our sole and absolute discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict or terminate your access to all or any part of the website at any time, for any or no reason, with or without prior notice, and without liability. In addition, the company reserves the right to take appropriate legal action in the event that you engage in any illegal or unauthorized use of the website or website, and the company specifically reserves all remedies available to us under law and in equity.

Even though posting of the kind of content described above is not permitted by the company, other users of the website may post content in violation of the company’s policies and without the company’s knowledge that is inaccurate, inappropriate, or offensive. While the company may remove any such content in our sole and absolute discretion, the company shall not be responsible for monitoring content posted by users except to the extent specifically required by applicable law. The company assumes no liability or responsibility whatsoever for content posted by its users. If you suspect any violation of the company’s policies, or any misuse of the website, please contact the company immediately. Our contact information can be found in “contact information” below.

Posting policy regarding copyrighted and trademarked materials

You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In accordance with the digital millennium copyright act and other applicable law, the company has a policy of terminating the privileges and right to use the website of any user who the company believes, in its sole and absolute discretion, is repeatedly infringing the intellectual property rights of others. In addition, the company’s policy is to terminate the privileges and rights to use the website of any user who has infringed the intellectual property rights of another, whether repeatedly or in a single instance, upon receipt of proper notification to the company by the copyright owner or the copyright owner’s legal agent. The company is not obligated to monitor postings to determine copyright ownership, but we may so monitor if we choose at any time and from time to time. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. Notices of claims of copyright infringement should be sent to us at the address set forth in “contact information” below.

User interaction

You are solely responsible for your interactions, including disputes, with other users of the website, whether through the company’s blog or otherwise.

Errors, inaccuracies, and omissions

Occasionally there may be information on our sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers and availability. The company may at any time and from time to time without prior notification to users correct inaccuracies, errors and omissions on the website, and may modify prices quoted and merchandise offered on the website. While we have attempted to display all merchandise as accurately as possible, we have no way of ensuring that the colors shown on your computer monitor will accurately reflect the color of a particular item.

Links to other websites and services

For your convenience, the website may contain links to other sites. The existence of a link on our website is not and shall not be construed as the company’s express or implied endorsement of or affiliation with the linked site. The company is not responsible for anything that happens in connection with such sites, even if such sites are associated with an affiliate of the company. We encourage you to review the terms of use and privacy policies of any website you visit.

Disclaimers

The company is not responsible for any incorrect or inaccurate content posted on the website, whether caused by users of the website or by any of the equipment or programming associated with or utilized in the website. The company takes no responsibility for third party advertisements which are posted on this website by the company or by users of the website, nor does it take any responsibility for the goods or services provided by its advertisers. The company is not responsible for the conduct, whether online or offline, of any user of the website. The company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications among users of the website. The company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the website. Under no circumstances shall the company be responsible for any loss or damage, including personal injury or death, resulting from use of the website or website from any content posted on the website, or from the conduct of any users of the website, whether online or offline. The website is provided “as-is” and as available and the company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The company cannot guarantee and does not promise any specific results from use of the website.

Limitation on liability

In no event will the company or our directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company’s liability to you for any claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you for use of or membership in the website, but in no case will the company’s liability exceed $1,000. You agree and acknowledge that if you have paid no fees to the company for use of the website, your rights shall be limited to injunctive relief only, and you shall not be entitled to any damages, unless applicable law specifically affords you additional rights notwithstanding your explicit waiver of all other remedies. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions and limitations may not apply to you, and you may have additional rights.

Disputes

If there is any dispute about or involving the website or the company, you agree that the dispute shall be governed by the laws of the State of California, United States of America, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the united states located in the State of California, City of Los Angeles. Notwithstanding and in addition to the foregoing, the company may seek injunctive relief and other equitable remedies against you in any court of competent jurisdiction.

Indemnity

You agree to indemnify and hold the company, its affiliates, and their respective members, managers, directors, officers, employees, agents, attorneys, successors and assigns (each, a “company party”), harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the website causes any company party to be liable to any third party.

Right to use our website

The company grants you a limited, revocable and nonexclusive license to access and utilize the features of joinchapter.com. This license does not include (a) a right to download (other than page caching) or modify any part of the website in any way or (b) a right to sell or make use of the website or any of its contents for any commercial purpose, (c) a right to gather or download content for the benefit of any other retailer or third party other than the company. You are expressly prohibited from the use of data mining, robots, spiders or similar data gathering and extraction tools.

In addition, the company is granting you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website, provided that the hyperlink is not used in a way that is misleading or in any way portrays the company in a way that could be damaging to the reputation of the company, its owners, its employees, or its products. You may not use any company logo or other proprietary graphic or trademark as part of the link unless the company gives you express prior written consent in each instance.

You may not duplicate, copy, reproduce, sell or otherwise exploit any part of this website for any commercial purpose or any other purpose not intended by the company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the company and/or the company’s affiliates. You may not use Meta tags or any other hidden text using our trademarks or the trademarks of our affiliates unless we give you our express written consent to do so in each instance. Your license to use this website shall be deemed terminated immediately if you violate any terms of this agreement.

Miscellaneous

This agreement, including the privacy policy, is accepted upon your use of the website or any part of the website. This agreement constitutes the entire agreement between you and the company regarding the use of the website. The failure of the company to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision.

“COLONY 2139” and such other marks indicated on the website are trademarks of the company and/or their respective owners.

This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.

The company may shut down the website at any time with or without notice for any reason in its discretion.

Contact information

You may contact the company at:
B&B LLC, DBA TOWNES
2139 Placentia Ave.
Costa Mesa, CA 92627

If you have any questions or concerns with respect to colony2139.com or this agreement, please feel free to contact us at the address above or by email at info@thegeneral.sakura.ne.jp

Last updated:            2014

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