Your personal information is unknown to use unless you voluntarily submit it. When you sign up with the App, you may be asked for personal information such as, but not restricted to, your contact information (name, telephone numbers, e-mail, address, gender, birthday, city, product and/or cosmetic concerns, which brands and products you use, security information (user name and password), and images (“Personal Information”). For example, L’Oreal may collect Personal Information when you register on the App, request information, submit comments or participate in some promotion, survey or other feature of the App (as applicable), or otherwise communicate or interact with us. The App may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc.) or certain information about your preferences and interests. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information. To the extent the App allows you to apply to become a customer of L’Oreal, additional information may be requested and collected from you via customer application forms and other forms. If you do not want your Personal Information collected, please do not submit it.Information We Collect Automatically
Whenever you use or interact with the App, L’Oreal, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the App is accessed and used ("Usage Information"). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. This statistical data provides us with information about the use of the App, such as how many users visit a specific area of the App, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep the App fresh and interesting to our users and tailor content to a user's interests. Usage Information is generally non-identifying, but if it can be associated with you as a specific and identifiable person, L’Oreal treats it as Personal Information.
L’Oreal also automatically collects your IP address or other unique identifier ("Device Identifier") for the mobile device, technology or other device (collectively, “Device”) you use to access and use the App. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. The technologies used on the App to collect Usage Information, including Device Identifiers, include:
Cookies. Cookies are data files placed on a Device when it is used to access and use the App. L’Oreal, or our third-party advertising service providers, may place cookies or similar files on your Device for security purposes, to facilitate navigation and to personalize your experience while using the App. Cookies allow us to collect technical and navigational information, such as browser type, time spent using the App and areas visited. Cookies allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are using the App. If you would prefer not to accept cookies, you may be able to change your Device settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser or other settings that may be available on your Device to automatically not accept any cookies. However, please be aware that some features and services within the App may not work properly because we may not be able to recognize and associate you with your L’Oreal account(s). In addition, the offers we provide when you use the App may not be as relevant to you or tailored to your interests.Pixel tags. A pixel tag is a transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server. The pixel tags on the App are set only by companies we work with and supervise. In order to ensure the safekeeping of your information, network advertising companies and publishers are not permitted to directly collect information on the App.2. HOW WE USE THE INFORMATION WE COLLECT
L’Oreal uses the information we collect about and from you for a variety of business purposes, including for example, to: respond to your questions and requests; provide you with access to certain areas and features of the App; verify your identity; communicate with you about your account and activities within the App and, in our discretion, changes to any L’Oreal policy; tailor content, advertisements, and offers we serve you; improve the App and for internal business purposes; process applications and transactions; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.3. SHARING OF INFORMATION
Third Parties Providing Services On Our Behalf. In order to carry out your requests, to make various features, services and materials available to you through the App, and to respond to your inquiries, we may share your Personal Information with other entities and affiliates in the family of companies controlled by L’Oreal and/or its parent company or other third parties that perform functions on our behalf, such as companies or individuals that: host or operate our App; analyze data; provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance (such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list). These service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.
Business Transfers. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the App, Personal Information, Usage Information, and any other information that we have collected about the users of the App may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
Legal Disclosure. We, our affiliates and our Canadian, US, European and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by applicable Canadian, US or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims or as otherwise permitted by law.4. INFORMATION WE RECEIVE FROM THIRD PARTIES
L’Oreal may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from L’Oreal, that website will forward to us your e-mail address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Personal Information. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their "connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service.
You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you newsletters, e-mails or other communications by: (i) sending us an e-mail via firstname.lastname@example.org; or (ii) following the removal instructions in the communication that you receive.
You have the right to access, update, and correct inaccuracies in your Personal Information in our custody or control, subject to certain exceptions prescribed by law. If you wish to access, correct, or update any of your Personal Information in our custody or control, you may edit your profile preferences or contact us at the above address or e-mail.
We have personal information retention processes designed to retain personal information of our customers for no longer than necessary for the purposes stated above or to otherwise meet legal requirements. Accordingly, we may delete certain records that contain Personal Information you have submitted through the App. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information.6. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT
L’Oreal licenses technology to serve advertisements on the App and within its content as that content is served across the Internet. In addition, L’Oreal may use third party network advertisers to serve advertisements and third party analytics vendors to evaluate and provide us with information about the use of the App and viewing of our content. We do not share Personal Information with these third parties, but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information. We and our network advertisers may target advertisements for products and services in which you might be interested based on both your use of the App and your visits to other websites. We may use a variety of companies to serve advertisements.
If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information. To do so please visit the NAI Opt-Out Page: http://www.networkadvertising.org/managing/opt_out.asp. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you're browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.7. CHILDREN
The App is not directed to children under 13. We do not knowingly collect Personal Information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent.8. SECURITY OF YOUR INFORMATION.
We have implemented reasonable technical, physical and administrative security measures to help protect your Personal Information in our custody or control. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us.9. OTHER SITES
The App may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other websites may send their own cookies or tracking devices to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our sites (including those linked to through an email or social networking page).10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION
The App is operated in France by L’Oreal or its service providers. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, US or elsewhere outside of Canada, please be aware that information we collect may be transferred to and processed in the European Union and Canada. By using the App, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the European Union and Canada and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.11. CHANGES
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED ON OR THROUGH THIS BEAUTYFORCE MOBILE APPLICATION BY L’OREAL CANADA INC. (“L’Oreal”, “we”, “us”, “our”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS MOBILE APPLICATION (THE “APP”) AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED ON THE APP.
By accessing, viewing, downloading or otherwise using the App, you are deemed to have agreed to the terms and conditions described in this document and any changes to the terms and conditions that we may post on [the App] from time to time as well as any other rules, policies and procedures that may be posted from time to time applicable to your use of the App, each of which is incorporated by reference (collectively, the “Terms and Conditions”). In addition, some services offered through the App may be subject to additional terms and conditions specified from time to time (“Additional Terms”); your use of such services is subject to those Additional Terms, which are incorporated into these Terms and Conditions by this reference. These Terms and Conditions apply to all users of the App, including, without limitation, users who are contributors of content, information and other materials or services on the App. Your access and use of the App will be subject to the version of the Terms and Conditions posted within the App at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the App and, accordingly, you should not do so.Section II. Privacy
Unless otherwise noted, the content on the App is intended for personal, non-commercial purposes only. You agree to use the App only for lawful, non-commercial purposes and in compliance with all international, federal, provincial, state and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the App.Eligibility
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or blocked from the App, (c) do not have more than one (1) account at any given time for the App; and (d) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.User Content
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the App. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the App.User Content and Participation
You acknowledge and agree that User Content you view or post on the App is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, availability or usefulness of such User Content, and that you are solely responsible and liable for all User Content posted on the App using your account.Review of Submissions
We have no obligation to verify the identity of any users when they are connected to the App or to supervise the User Content that has been provided by users. You acknowledge that we may or may not pre-screen, monitor, review, edit or delete the User Content posted by you and other users on the App. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the App and the public. Any or all postings on or through the App may be purged periodically in our sole discretion. When you delete your User Content, it will be removed from the App. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time or may remain with users who have previously accessed or downloaded your User Content. In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.No Endorsement
We do not control the User Content posted on the App and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the App do not necessarily reflect our views or those of our content providers, advertisers, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the App. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.Our Right to Use User Content
You understand that the technical processing and transmission of the App may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the App.
You agree that you will not harvest, collect or store information about the users of the App or the User Content or use such information for any purpose inconsistent with the purpose of the App or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the App or any activities conducted on the App; (iii) bypass any measures we may use to prevent or restrict access to the App or portions thereof (or other accounts, computer systems or networks connected to the App); (iv) run any form of auto-responder or “spam” on the App; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any area or section of the App; or (vi) harvest or scrape any content from the App.User Conduct
By posting User Content in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the App from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the App for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the App.
The availability of the products and services described on the App, and the descriptions of such products and services, may vary from country to country. Please consult with your local L’Oreal Paris sales representative for specific product and/or service information.Contests
This App may, from time to time, contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.Intellectual Property Rights
The App, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of Canada, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by L’Oreal or by other parties that have provided rights thereto to L’Oreal.
Except as otherwise provided in these Terms and Conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the App or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.Passwords and Security
Some features that may be made available within the App require registration and the use of a password. In such event, you agree to provide use with accurate, truthful and complete registration information, and we reserve the right to refuse or cancel your registration if you do not. Upon registration, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account information and for keeping your account information accurate and up-to-date, and you are solely responsible and liable for all activities that occur under your password or account. You agree to (a) immediately notify us in writing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the prior express permission of the account holder.Third Party Websites and Links
You may be able to link to third party Websites, services or resources on the Internet from the App, and third party Websites, services or resources may contain links to the App (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the App does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. We encourage you to review the terms and privacy policies of third parties before using their website.Third Party Merchants
The App may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged by us.Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the App, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the App.Events
You may be invited or asked to attend events we sponsor or events held by other members and users of the App which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold us, our subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.Use of Software
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms and Conditions govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single mobile device, tablet or similar technology (each, a “Device”). The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the applicable government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.Disclaimer
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING OUR GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
USERS OF THE APP AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE APP IS AT THEIR OWN SOLE RISK. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE APP; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ALSO MAKE NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND WE HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE APP MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. WE DO NOT ENDORSE NOR SHALL WE OR THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE APP BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE APP, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE APP, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE APP WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE APP. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THE APP. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): We make no guarantee of confidentiality or privacy of any communication or information transmitted on or through the App or any Linked Site. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other User Content stored on our equipment, transmitted over networks accessed by the App, or otherwise connected with your use of the App.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER GOODS OR SERVICES, OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY ARISING OUT OF OR RELATED TO: (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE APP, ANY PLATFORM APPLICATIONS OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE APP; OR (ii) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE APP OR THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE APP OR LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS.Termination
We may terminate or suspend your access to the App, delete your profile and any content or information that you have posted through the App and/or prohibit you from using or accessing the App (or any portion, aspect or feature of the App) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the App. If you wish to terminate your account, you may do so by following the instructions provided within the App. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the App.Governing Law; General Information
We control and operate the App from our offices in France. While we invite visitors from all parts of the world to use the App, users acknowledge that the App, and all activities available on and through the App, are governed by the laws of Quebec, Canada. We do not represent that materials within the App are appropriate or available for use in other locations. Persons who choose to access the App from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of ours. These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign our rights under these Terms and Conditions to any party at any time without notice to you. Our affiliates are not parties, but intended third party beneficiaries of the Terms and Conditions, with a right to enforce them directly against you. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
These Terms and Conditions are the entire agreement between you and us with respect to the App and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Solely in respect of users located in the EEA and/or Australia, in respect of these Terms and Conditions and your use of the App, nothing in these Terms and Conditions shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms and Conditions should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
In the event we have provided you with a translation of the English version of the Terms and Conditions (including via the App), you agree that the translation is provided for your convenience only and that the English language version of the Terms and Conditions will govern your relationship with us. If there is any contradiction between the English language version of the Terms and Conditions and the translation, then the English language version shall control.
Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to email@example.com. You agree that we may send notices to you regarding your use of the App by means of electronic mail, a general notice posted within the App or by written communication delivered either by overnight courier or mail to your email or mailing address as appearing in our records from time to time.These Terms and Conditions were last updated on 05-07-2016.
UPDATED AS OF: 01-01-2017