Wedo not own the copyright for the images featured in this theme. The images in question are only used for presentational purposes on our demos. These images cannot be used on your website, unless you purchase the license from a stock image website yourself.
At 0:17 the main theme enters on flute. This mainly stepwise melody is accompanied by a dynamic piano part and, again, sustained notes in the strings. Although it is in G minor, the melody starts on the mediant, B flat and ends on the supertonic, A. However, Portman uses the dominant, D, particularly for the longer notes, to establish the tonality.
Use of our Service and this website is governed by the terms and conditions described below. Please read them carefully. Your use of our Service and this website indicates your acceptance of these terms and conditions. Theobroma Enterprises, Inc. (the \u201CCompany\u201D) reserves the right to make modifications to these Terms & Conditions of Use at any time. You accept the obligation to review these Terms & Conditions of Use prior to each use, and your use of this website constitutes an acceptance to be bound by any modifications. These Terms and Conditions of Use were last amended on November 5, 2015. These Terms & Conditions of Use are referred to hereafter as the \u201CAgreement\u201D.
1. The Service Licensed. The term \u201CService\u201D shall mean (a) the Internet web pages, data, photographs, screens, descriptions, documentation and other information of any kind that are accessible through the Company\u2019s web application (the \u201CWebsite\u201D), as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein, (b) the opportunity to purchase items offered to Users in the manner described on the Website and (c) communications from the Company to Users. You must be 18 years of age to purchase products on the Website. Each parent, guardian or other caretaker of a child under 18 shall be responsible for any access to the Website by any such child.
2. Grant of License. Subject to the terms and conditions of this Agreement, the Company grants to you, the \u201CUser\u201D, a limited nonexclusive, nontransferable, revocable license solely in connection with User\u2019s personal use, and not for resale or public performance of any kind, to access and use the Service (or any portions thereof). The Company reserves the right at all times and without notice to (i) restrict or prevent User\u2019s access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof). The Company shall have no obligation to correct or update the Service. For the purposes of the license grant in this Section 2, the term \u201CUser\u201D shall include individuals and any entity on behalf of which this Agreement is being reviewed and accepted and such entity\u2019s employees and other individual users.
3. General Restrictions on Use. A User may not (i) use, copy, modify, merge, install, transfer or distribute the Service, except as expressly provided in this Agreement; (ii) reverse-engineer, decompile, translate, disassemble or separate the components of the Service (including, without limitation, viewing or otherwise obtaining source code); (iii) sublicense, rent, sell or lease the Service or any part thereof; (iv) use the Service or any part thereof for third-party training, commercial time-sharing or service bureau use, except as expressly provided in this Agreement or on the Website; (v) remove from the Service or alter any copyright or trademark notice contained therein; (vi) use the Website for any unlawful purpose; (vii) express or imply that any statements User makes are endorsed by us, without our prior written consent; (viii) transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party\u2019s intellectual property or other rights, (b) any material, non-public information about individuals or companies without the authorization to do so, (c) any trade secret of any third party, or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding; (ix) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (x) \u201Cframe\u201D or \u201Cmirror\u201D any part of the Website without our prior written authorization; (xi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, \u201Cdata mine\u201D, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (xii) harvest or collect information about Website visitors or members without their express consent; or (xiii) post or otherwise distribute material that is subject to a copyright unless you are the owner of such copyright or you have been granted permission for such actions from the copyright owner. The foregoing restrictions on use may be modified, expanded or reduced by the Company elsewhere on the Website. In such case, such modification, expansion or reduction shall be incorporated herein as if stated in full herein.
4.1 Proprietary Information. User acknowledges and agrees that: (i) the Service, including, without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, \u201CProprietary Information\u201D), is owned by the Company or its third party content providers (\u201CContent Providers\u201D), as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of the Company; (iii) the Proprietary Information is licensed, rather than sold, to User pursuant to this Agreement; and (iv) User has no rights in the Proprietary Information, other than the rights and licenses specifically granted to User pursuant to this Agreement.
4.2 Confidentiality. User hereby acknowledges that the Company may disclose to User, as part of or in conjunction with Proprietary Information, valuable confidential information of the Company. User agrees to hold all such confidential information in confidence and not to disclose such confidential information to anyone other than User's employees with a bona fide need to know, provided such employees are governed by a parallel confidentiality obligation of equal or greater force. Additionally, User agrees to use at least that degree of care which User uses to protect User\u2019s own information of a similar confidential nature, but in no event less than reasonable protection. Excluded from such confidential information is information which, as proven by User by clear and convincing evidence, was in User\u2019s possession without confidential limitation prior to disclosure, is known or becomes known to the general public without breach of this Agreement, is received rightfully by User without confidentiality limitations from a third party, or is disclosed publicly by the Company without substantially similar confidentiality restrictions. This confidentiality obligation is to survive the termination, expiration or cancellation of this Agreement for any cause whatsoever, and to remain in force in perpetuity.
4.3 Competitive Services. User is prohibited from, and shall not, develop, market or sell any competitive service based on or derived in any way from the use of the Website or from Proprietary Information or from the benefits of know-how resulting from access to or work with the Company\u2019s confidential information. The term \u201Cbenefits of know how\u201D means information in non-tangible form which may be retained by persons who have had access to the confidential information, including ideas, concepts, know how or techniques contained therein.
5. Trademarks. User acknowledges that the Company has acquired, and is the owner of, trademark rights in the name and word mark Voila Chocolat\u00AE, and in the design marks displayed on the Website. User acknowledges that this name and these marks are famous and internationally known. User shall not, at any time or for any reason, challenge the validity of, or the Company\u2019s ownership of, the foregoing name and marks, and User waives any rights User may have at any time to do so. All use of the foregoing name and marks by User shall inure exclusively to the benefit of the Company. All marks shown on the Website but not owned by the Company are the property of their respective owners.
6. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the \u201CDMCA\u201D) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Company to locate the material on the Website;
(f) 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 right that is allegedly infringed.
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