Terms and Conditions
Welcome to the Pomme Cannelle Paris website (the “Site”). Pomme Cannelle provides its services to you subject to the terms and conditions set forth in this Terms of Use (“Terms”). Prior to accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms, you should not use or access this Site. Pomme Cannelle Paris reserves the right to revise these Terms at any time and without notice to you by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. We hereby grant you a personal, limited, non-transferable and non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms and our Privacy Policy (the « Privacy Policy »). You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. We specifically prohibit the use of the Site for any of the following purposes:
– Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
– Posting any information which is untrue, inaccurate or not your own;
– Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
– Attempting to interfere in any way with the Site’s or Pomme Cannelle Paris’ network security; or attempting to use the Site’s service to gain unauthorized access to any other computer system
Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pomme Cannelle Paris has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pomme Cannelle Paris has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Pomme Cannelle Paris immediately of any unauthorized use of your account or any other breach of security. Once you complete and submit your registration, you have opted in to receive email communication from us. Pomme Cannelle Paris reserves the right to refuse service, terminate accounts, or remove or edit Site content in its sole discretion.
Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Pomme Cannelle Paris is under no obligation to review any messages, information or content (« Postings ») posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Pomme Cannelle Paris may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) advertisements or solicitations of any kind; (iii) material used to impersonate others or any kind of false information; (iv) personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.;(v) messages by non-spokesperson employees of Pomme Cannelle Paris purporting to speak on behalf of Pomme Cannelle Paris or containing confidential information or expressing opinions concerning Pomme Cannelle Paris; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) multiple messages placed within individual folders by the same user restating the same point; (viii) chain letters of any kind; (ix) and identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) using Pomme Cannelle Paris invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using Pomme Cannelle Paris to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
Product Information
Excluding any User Content (as defined below) that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Proprietary Rights
You acknowledge and agree that the content (other than User Content), materials, software and other components (including our graphics, logos, videos, button icons, music and page headers) available on the Site are the property of Pomme Cannelle Paris or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.
Submitted Content
Pomme Cannelle Paris does not claim ownership of any materials you make available through or for inclusion on the Site (“User Content”). With respect to any such User Content, you grant Pomme Cannelle Paris a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any User Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Pomme Cannelle Paris the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Pomme Cannelle Paris will be entitled to use any User Content without incurring obligations of confidentiality, attribution or compensation to you.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to the Site or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and/or terminate your account without prior notice.
Pomme Cannelle Paris takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts through the Site. You understand and agree that any loss or damage that occurs as a result of the User Content that you make available or access through your use of the Site is solely your responsibility. Any User Content that you submit through the Site, including any personally identifying information, may be accessible by others. Pomme Cannelle Paris is not responsible for any public display or misuse of your User Content. Pomme Cannelle Paris does not, and cannot, pre-screen or monitor all User Content and Pomme Cannelle Paris has no control over and does not guarantee the quality, safety or legality of the items advertised and sold via the Site.
Disclaimer of Warranty
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A « LINKED » SITE ARE PROVIDED ON AN « AS IS » AND « AS AVAILABLE » BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, POMME CANNELLE PARIS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Pomme Cannelle Paris makes no warranties of any kind regarding any non-Pomme Cannelle Paris sites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and Pomme Cannelle Paris makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Pomme Cannelle Paris sites. Pomme Cannelle Paris does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Indemnity
You agree to indemnify, hold harmless, and defend Pomme Cannelle Paris, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party. The provisions of this section shall survive any termination of these Terms with respect to any claims or liability accruing prior to such termination.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POMME CANNELLE PARIS AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POMME CANNELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
General
Unless otherwise specified herein, these Terms, together with the Privacy Policy, constitute the entire agreement between you and Pomme Cannelle Paris with respect to the Site. Pomme Cannelle Paris may deny you access to the Site at any time, immediately and without notice, if in Pomme Cannelle Paris’ sole discretion you fail to comply with any provision of these Terms. If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any waiver of any breach by you or others of these Terms, or of any provision hereof, will only be effective if in writing and signed by Pomme Cannelle Paris.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please e-mail us at info@pommecannelleparis.com
Last updated 11/08/2013
