TERMS AND CONDITIONS
LEGAL TERMS OF WEBSITE USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. Your Acceptance of These Terms
a. Daniel Cremieux and/or its legally related entities (hereafter, “Cremieux”) provides the Materials (as defined below) on this website (the “Website”) as a service to its users. All uses of the Materials or the Website are subject to the terms and conditions of this legal notice (the “Terms”). By viewing the Website or downloading any Materials from the Website, you agree to these Terms. If you do not agree to the Terms, do not view the Website or download any Materials from it. These Terms apply to all users of the Website, including both users that simply browse the Website, and users that have registered for an account on the Website (“Registered Users”). Note that some clauses in these Terms may apply only to Registered Users.
a. All users may browse the Website for personal entertainment and information. Registered Users may further use the Website to purchase Cremieux products, provide feedback, customize pages and access their personal information. Registered Users may have opportunities to submit and upload documents, text or other content (“User Submissions”) as related to Cremieux products.
b. You may download one copy of the Materials found on the Website on a single computer for your internal use only, unless specifically licensed to do otherwise by Cremieux in writing or as allowed by any license terms that accompany or are provided with individual Materials. Under these Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions: you may not: (a) modify the Materials or; (b) use the Materials for any commercial purpose or any public display, performance, sale or rental, except with respect to the purposes of the Website to create, receive, monitor and evaluate customer review feedback or; (c) decompile, reverse engineer, or disassemble software Materials except to the extent permitted by applicable law; (d) remove any copyright or other proprietary notices from the Materials; (e) transfer the Materials to another person.
c. Except as permitted herein, all reproduction, alteration, redistribution, re-publication, downloading, display, notification or transmission of any Materials on the Website is expressly forbidden in total or in part, in any format, by any means, without the express prior written permission of Cremieux. Cremieux will enforce its rights to the full extent of the law against any unauthorized commercial use of the Materials.
3. Protected Information
The Materials hosted on the Website are copyrighted and protected by trademark and other intellectual property laws. Such materials may include without limitation text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like; and the trademarks, service marks and logos contained therein ("Marks") (altogether referred to herein as “Materials”). The Materials are owned by or licensed to Cremieux, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Unauthorized use of the Materials may violate copyright, trademark, and other laws. No title or intellectual property rights are transferred to you or any third party through the use of or access to the Website. All rights, title, and interest in and to all aspects of the Website remain the sole property of Cremieux or its authorized third-party licensors and service providers.
4. No Warranties
a. THE MATERIALS AND THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Cremieux and its suppliers further do not warrant the accuracy or completeness of the Materials. Cremieux may make changes to the Materials and the Website at any time without notice. Cremieux makes no commitment to update the Materials or the Website. Neither Cremieux nor its third-party licensors or service providers warrant that the Website or associated server computers are free of viruses or other harmful components. You solely (and not Cremieux) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Website.
b. Cremieux does not warrant that User Submissions or other content found on the Website are accurate, complete, reliable, current, or error-free. CREMIEUX PROVIDES NO WARRANTY OR INDEMNIFICATION REGARDING USER SUBMISSIONS OR ANY USER BUSINESS OR CONSUMER USE OF THE WEBSITE, AND WILL NOT BE HELD LIABLE FOR SUCH IN ANY WAY HEREUNDER. All reviews and information posted on the Website are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over same.
5. Disclaimer of Liability
IN NO EVENT SHALL CREMIEUX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR WITH RESPECT TO ANY REVIEWS, EVEN IF CREMIEUX HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. User Submissions and Communications
b. By transmitting or posting any User Submissions or Communications on the Website, you grant to Cremieux or its designees a perpetual, royalty-free, transferable, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish, delete and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the User Submissions or Communications and any and all information contained therein. Cremieux and its designees will be free to copy, disclose, distribute, incorporate, delete and otherwise use the User Submissions or Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
c. You agree that you are solely responsible for your User Submissions and Communications, and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to authorize the license grant of Section 6.b., above; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms.
d. In connection with User Submissions and Communications, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cremieux all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Cremieux or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person; or (v) submit material that advertises any illegal service or the sale of any items which is prohibited or restricted by any applicable law.
e. Cremieux does not endorse any User Submission or Communications, or any opinion, recommendation, or information expressed therein, and Cremieux expressly disclaims any and all liability in connection with User Submissions or Communications. Cremieux does not permit any activities on the Website that are infringing of intellectual property rights, and Cremieux will remove all User Submissions and Communications upon being properly notified that such User Submission or Communications infringe the intellectual property rights of a third party. Cremieux reserves the right to remove User Submissions and Communications without prior notice. Cremieux may terminate user accounts or other user access to the Website for any violation of this Section 6. Cremieux also reserves the right to solely decide whether or not User Submissions or Communications are appropriate and comply with these Terms.
f. Copyright owners or agents thereof, upon belief that any User Submissions or Communications infringe such owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Cremieux with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(I) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(II) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(III) 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 the service provider to locate the material;
(IV) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(V) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(VI) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. You agree that when using the Website, you may be exposed to User Submissions and/or Communications from a variety of sources, and that Cremieux is not responsible for the accuracy, usefulness, safety, confidentiality or intellectual property rights relating to such User Submissions and/or Communications. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against Cremieux with respect thereto, and agree to indemnify and hold Cremieux, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
h. You expressly agree that Cremieux is not responsible for the protection of any User Submissions and/or Communications that may be considered by you to be proprietary, sensitive or otherwise unsuitable for general disclosure. You understand that any User Submissions and/or Communications are posted at your sole risk, and Cremieux will have no liability whatsoever in the event that such content is disclosed to any third party regardless of whatever losses you may suffer from such disclosure.
7. User Representations; Indemnification
a. You represent and warrant that: (a) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (b) all User Submissions and Communications you provide to Cremieux on any forms on the Website are true and accurate; (c) you will maintain and promptly update information that you provide in User Submissions to keep it true, accurate, current and complete; (d) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Website; (e) you will not use the Website in connection with making User Submissions, Communications or otherwise, to infringe, misappropriate or violate the rights of Cremieux or third parties; (f) you will only make User Submissions or Communications of information to which you have sufficient rights to grant the license set forth in Section 6., above; (g) you will not knowingly include in User Submissions, Communications or otherwise introduce to the Website, any viruses or other items of a destructive nature; and (h) you will comply at all times with these Terms for the Website as they may be amended from time to time by Cremieux.
c. Inorder to purchase products using the Website, you agree and understand that you must open an account with Cremieux and provide the information required to become a Registered User. When creating your account, you must provide accurate and complete information. If as a Registered User, you are granted access to any protected areas of the Website by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify Cremieux immediately of any breach of security or unauthorized use of your password(s). Although Cremieux will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cremieux or others due to such unauthorized use. You agree that you may never use another's account.
d. If you wish to cancel your account, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify Cremieux immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of our Website at any time, for any reason or for no reason at all. You are personally liable for any transactions in which you are engaged prior to termination.
e. You will indemnify and hold harmless Cremieux against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with User Submissions or Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, (b) personal injury, and (c) errors in or omissions from such User Submissions or Communications.
f. You will not use or launch any automated system (including without limitation, "robots," "spiders," "offline readers," etc.), that accesses the Website in a manner that sends more request messages to the Cremieux servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Cremieux grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cremieux reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
8. Use Of Marks On The Website
Cremieux only purports to use its Marks in those territories in which it or its affiliates are entitled, whether by virtue of pending or registered trademarks, licenses, or otherwise. Cremieux does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use or misuse of these trademarks or any other Materials is strictly prohibited.
9. Term and Termination
These Terms shall continue in effect for so long as Cremieux maintains the Website, unless terminated otherwise herein. Cremieux may terminate these Terms at any time if you are in breach of these Terms, for any other reason, or for no reason at all. Upon termination, you will immediately destroy any copies of the Materials in your possession.
10. Links To/From Other Sites
b. You may provide links to the Website from other websites provided that (a) you link only to the Website home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Website, (c) you give Cremieux notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Website if requested by Cremieux.
a. Cremieux maintains offices within the United States of America from which it may administer the Website. Cremieux makes no representation that Materials on the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. You agree that any claim relating to these Terms or the Materials is governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Website or these Terms shall be brought only in the courts of the State of New York or the United States District Court for the Southern District of New York.
b. Cremieux may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by additional express legal notices or terms posted on particular pages of the Website. Continued use of the Website following any change constitutes acceptance of the change.
c. You may terminate your access to the Website at any time. Cremieux may suspend or discontinue providing the Materials to you with or without cause and without notice. Cremieux may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
d. You agree that when you visit the Website, post User Submissions or Communications through the Website, or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Website. By using the Website, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
e. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Website by Cremieux. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Website; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Website. Except as expressly directed otherwise by Cremieux herein or elsewhere in the Website, notices to Cremieux should be sent to: firstname.lastname@example.org.
f. The failure of Cremieux to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
g. You may not assign your rights or delegate your duties under these Terms.
h. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
i. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Website will in any event remain valid and enforceable.
j. YOU AND CREMIEUX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CREMIEUX WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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