TERMS OF USE
Effective Date: 16th July, 2021.
These Terms of Use govern the use of the website www.frenchwithcatherine.fr (the “Website”), operated by EI SERRET CATHERINE NOELLE (“Company”), any links to other websites contained on the Website, and other online resources accessible via the Website.
By browsing, accessing, linking, using and/or downloading information from the Website, you agree to these Terms of Use. If you are using the Website on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person’s behalf.
Company reserves the right, at any time, to modify, alter, or update these Terms of Use. Modifications become effective immediately on being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the modified Terms of Use. Except as provided in this paragraph, these Terms of Use may not be amended.
The text to the right of each section below is aimed to give a plain English summary of what’s contained in each section. Please ensure you read the entire agreement, as the plain English wording on the right is just a summary.
1. Disclaimer of Warranties
You expressly agree that use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. Company will have no liability to you or anyone else for any interruptions, errors, computer viruses or other harmful components in the use of this Website. COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE. COMPANY DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Summary
Company makes no guarantees or warranties at all regarding the Website – including your ability to access the website or regarding any content on the website.
2. Limitations of Liability
UNDER NO CIRCUMSTANCES WILL CLIENT OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, regardless of the limitation of liability described in this Section, liability is imposed upon Company, Company’s liability will not exceed one hundred dollars ($100). Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Company’s liability is limited to the greatest extent permitted by law.
Company disclaims all liability in connection with the Website. If Company is found liable regardless of this disclaimer, the maximum we’ll be obligated to pay is $100.
You might be able to create an account on the Website. If you do, all information you submit must be truthful and lawful.
3. Accounts
You may have the option to create an account to participate in certain features of the Website. If you are under the age of 18, you are not permitted to register as a user or otherwise submit personal information to Company. If you create an account, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself in the registration process. You are prohibited from impersonating any person or entity or misrepresenting your identity or affiliation with any person or entity, including using another person’s username, password, contact information, or other account information, or another person’s name, likeness, voice, image, or photograph. You must promptly notify Company with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
4. Your Warranties
You warrant and represent that all content added to the Website by you or at the instruction of you or your agents or representatives -- including, without limitation, messages, text, illustrations, files, images, graphics, photographs, comments, sounds, music, videos, information, and/or other content (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise maintain all necessary rights in order to add or upload such User Content.
Basically, anything you upload (“User Content”) must be lawful, non-infringing, that kind of stuff.
If Company suffers damage or is on the receiving end of any claim, lawsuit, etc. in connection with your breach of these Terms of Use or your use of the Website, you are financially responsible for all of that damage.
5. Indemnification
You will indemnify and hold Company and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors, and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of these Terms of Use or your use of the Website. This indemnification and hold harmless provision extends to any dispute between persons accessing the Website or between persons accessing the Website and any third party linked to or from the Website. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Company’s written consent.
User Content is content uploaded by Website users. Company isn’t responsible for the User Content in any way. Use common sense when relying on User Content and using public forums.
You allow Company to use any User Content you upload in connection with the Website and Company’s promotional purposes.
If we discontinue operation of the Website, your User Content could be gone.
6. User Content
Company is not responsible or liable for any User Content on the Website. User Content does not express the views of Company. Company does not guarantee that it will edit or delete User Content. Company has the right, but not the obligation, to monitor User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior on or through the Website. Unless otherwise specified, Company does not claim ownership of the User Content on the Website. You acknowledge that Company is not responsible for the accuracy of any User Content and that you -- and not Company -- are solely responsible for any User Content you post or upload to the Website. The User Content is not intended to, nor does it constitute legal, professional, medical, or healthcare advice or diagnosis, and may not be used for such purposes. Company provides this Website for entertainment, informational, educational, and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will Company be liable for any loss or damage caused by your reliance on any content on this Website.
You acknowledge that public forums offered on the Website, if any, are for public and not private communications. You are and will remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk.
By posting or uploading User Content to this Website, you are granting Company permission to use the User Content in connection with the Website and/or Company’s promotional purposes. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content in connection with the Website or with Company. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.
Company may discontinue operation of the Website, or your use of the Website, in either case entirely or partially, in its sole discretion. You have no right to maintain or access your User Content on the Website, and Company has no obligation to return your User Content or otherwise make it available to you.
The rights granted by you under these Terms of Use may not be terminated, revoked, or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant Company the rights set forth above without obligations or liability to any party, you must promptly provide Company with the proper information to remove and rectify any such content.
7. Compliance with Laws and Prohibited Uses
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
You are prohibited from posting or transmitting through the Website:
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material that violates or infringes on the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other right of Company or of any other person or entity;
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material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable;
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material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation;
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material that is an advertisement for goods or services or a solicitation of funds;
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material that includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
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material that contains a formula, instruction, or advice that could cause harm or injury; material that is a chain letter or “spam” of any kind;
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material that, if used by Company, would cause Company to be liable or have obligation to a person or business; or
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material that could facilitate mail abuse or unsolicited email of any type (spam)
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material that could facilitate scraping, or systematic retrieval of data or other Website Content from this Website to create or compile a collection, compilation, database, or directory without Company’s express prior written permission is prohibited.
Company reserves the right to refuse service to you for violation of this Section or any of these Terms of Use.
You absolutely, positively, cannot do these things in connection with your use of the Website.
All content on the Website is subject to Company’s intellectual property rights. (Or the rights of third parties that have licensed content to Company.)
8. Intellectual Property
Unless otherwise noted, all content on the Website is subject to Company’s intellectual-property rights -- including copyrights and trademarks – or the rights of Company’s licensors. Subject to these Terms of Use, Company grants you a non-exclusive, non-transferable, limited right to access, use and view this Website and the information on the Website, including, without limitation, all text, files, designs, graphics, drawings, illustrations, images, photographs, video, music and sounds, and/or other content and all trademarks, service marks and trade names used at this Website (all together referred to as the “Website Content”), solely for your own individual use. Despite the terms of the previous sentence, you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial purpose, including, but not limited to: use of the Website Content on any other website or platform. Except as specifically provided in these Terms, Company does not license the right to use or reproduce the Website Content to you, and all intellectual-property rights in the Website are expressly reserved by Company.
9. Submission of Information
Although Company may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Company through this Website, Company does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g., credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility and is subject to Company’s Privacy Policy.
Company can’t guarantee the safety or security of your connection or of the Website.
10. Privacy Policy
Registration data, if any, and other personal information about you is subject to our Privacy Policy. By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy.
We process personal and payment information according to our Privacy Policy.
11. Restrictions on Use by Minors
If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 18. Company does not collect personally identifiable information from any person Company actually knows is under the age of 18.
If you’re a minor, you may only use this website under parental supervision.
12. Denial of Access
Company, for any reason and at its sole discretion, may decide to deny anyone access to any part of the Website. By agreeing to these Terms of Use, you agree to immediately cease and desist from any attempt to access the Website after such a denial.
Company can deny access to the Website to anyone for any reason.
13. Modifications and Interruption to Service
Company will make its best efforts to provide uninterrupted service to the Website, but you acknowledge and accept that Company does not guarantee continuous, uninterrupted, or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.
Company can’t guarantee uninterrupted access to the Website.
Any link to an outside website (or from an outside website to the Website) is not an indication of sponsorship or approval or partnership between Company and that other website. Outside websites have their own terms and privacy policies and Company makes no promises whatsoever regarding any linked websites.
14. Third Parties and Third-Party Sites
The Website may include links to advertisements or other sites on the Internet that are owned, operated, and/or maintained by online merchants or other third parties. You acknowledge that Company is not responsible for the availability of, or the content located on or through, any third-party site. Company is not responsible for the content, operation, or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. Your use of these third-party sites is at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site. If a third-party links to the Website, it is not necessarily an indication of Company’s endorsement, adoption, authorization, sponsorship, affiliation, joint venture, or partnership with that third party. Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and your reliance on representations and warranties provided by any vendor or other third party is at your own risk. You assume sole responsibility for your use of third-party links. Company is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
15. Venue and Governing Jurisdiction
These Terms of Use are governed, interpreted and applied in accordance with French law.
French law apply to these Terms of Use
16. Other Terms
If any provision of these Terms of Use is deemed by an appropriate court to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) will not be affected by that determination and will remain valid, binding, and enforceable to the maximum possible extent. These Terms of Use apply in addition to, and are not superseded by, any other written agreement between Company and you in relation to the Website. Company’s failure to insist on or enforce strict performance of any provision of these Terms of Use do not constitute a waiver of any provision or right in the future. The Privacy Policy is a binding part of these Terms of Use, and together with these Terms of Use constitute the entire agreement between Company and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. The headings and summaries in these Terms of Use are for reference and convenience only and do not affect the interpretation of these Terms of Use.