We would like to remind you that use of the Site implies that you have access to the necessary hardware and software resources for use of the internet, which is not under our control and for which we cannot be held liable. Furthermore, we would like to remind you that this Site is provided without any guarantees, conditions, representations or warranties as to its accuracy, security, availability and integrity of data transmissions.
a) Exclusion of liability
To the extent permitted by law we, other members of our group of companies and third parties connected to us hereby exclude any liability for any direct, indirect or consequential loss of damage incurred by any User in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, (including, but not limited to, by the actions of viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material) including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data, loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
b) General obligations of the User
We defend the values of tolerance and respect the rights of others. As such this Site may not be used as a vehicle for racist, violent, xenophobic, malicious, obscene or illicit statements.
In using this Site, you agree not to:
- Distribute or otherwise make available any content that the Company may deem to be harmful, threatening, unlawful, deceptive or misrepresentative of identity or affiliation, injurious, defamatory, non-authorized, malicious, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or image rights, hateful, inciting violence, racial or ethnic hatred or otherwise discriminatory or objectionable;
- use the Site for political, promotional or proselytizing purposes;
- transmit or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- knowingly transmit any data, send, upload or otherwise make available any material that contains viruses, trojans, worms, logic bombs or any other harmful material, programs or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware;
- attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
- attack our Site via a denial-of-service attack or a distributed denial-of-service attack;
- divert any chat forum from its intended purposes, including, but not limited to, using it as a dating service;
- distribute information or content capable of being offensive or inappropriate for children;
- conduct illegal activities, including, but not limited to, infringing intellectual property the rights in software, marks, photographs, images, text, video etc.
Failure to comply with these provisions constitutes a material breach of these Terms of Use and Users may:
- be liable to the Company and its licensors for damages and legal proceedings may be commenced against Users for all costs on an indemnity basis resulting from the breach (including reasonable legal costs);
- be subject to criminal penalties;
- result in disclosure of such infringement to the relevant enforcement authorities and the Company's co-operation with them by disclosing the relevant user identity to them. In the event of such infringement the User's right to use the Site will cease immediately. Upon termination of use of the Site, Users must promptly destroy all materials downloaded from this Site, as well as copies of such materials, whether made in accordance with the Terms of Use or otherwise.
We would like to stress that you must hold all rights and/or authorizations with respect to any applicable content that you wish to publish on this Site. In this regard, we recommend not publishing content (in particular photographs) showing recent architectural items, advertising creations, images of clothing designs in which a third party mark may appear (initials, logos, color code of the brand, etc.). Content (including, but not limited to, photographs and videos) showing children will not be permitted on this Site.
c) Specific stipulations for certain Sections
Various sections may be made available to you on this Site: Downloadable Content, On-Line Applications, User Content, chat forums, etc. (the "Sections").
(i) Downloadable Content
We may make available on this Site content that you are authorized to download ("Downloadable Content"). In downloading or using such Downloadable Content, you are deemed to have agreed to use it in conformity with these Terms of Use.
We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content must be the subject to the prior express authorization from the Company. Any request for this type of authorization should be submitted to us in advance at the following address: contact@vichy.co.uk
(ii) On-Line Applications
We may make available on this Site software applications (the "On-line Applications"). We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the On-Line Applications. You agree not to modify, adapt, reproduce, correct or distribute the On-Line Applications nor any mark or inscription of title set forth on such On-Line Applications and/or any media related thereto.
Any Content that you may create or produce with the On-Line Application shall be considered as User Content (as described in section (iii) "User Content".
Please inform us of any problems encountered with the On-Line Applications at the following address: contact@vichy.co.uk. We will then do our best to correct such problem as soon as possible.
In the event that we provide you with a tool/application which enables images to be edited (and in particular, in order to virtually try a cosmetic product), you acknowledge and agree that such tool/application may solely be used for your own private purposes. You are not authorized to use this tool/application in such a way that may be a disrespectful, injurious and/or infringe the rights of third parties. Consequently, you are not authorized to modify and/or display a third party's image without such third party's prior express consent. Finally you are not authorized to modify and/or display, in whole or in part, material (whether modified via the tool/application or otherwise) provided with the tool/application (and in particular, material displaying models) without our prior express consent.
(iii) User Content and User Actions
User Content.
We may make available on this Site a space dedicated to user content, such as for example text, photos, videos, etc. ("User Content").
By submitting User Content to us, you automatically grant a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute and otherwise exploit such User Content (in whole or in part) on any and all medias (including without limitation this Site).
You expressly grant us the right to use the User Content on our own websites as well as third party websites, in particular on "social networking" sites (including without limitation, Facebook, Twitter, Youtube, Dailymotion) including plug-ins and applications on such third party websites, hereinafter referred to as "Third Party Websites". For the avoidance of doubt, the Site is not managed or sponsored in any manner whatsoever by such Third Party Websites.
You acknowledge and agree that the use of Third Party Websites is exclusively governed by the terms and conditions set up by the Third Party Websites and that such terms and conditions are binding on us in our use of the User Content on the Third Party Websites. We may not be held responsible for any use by us or by a third party of the User Content in accordance with the terms and conditions of the Third Party Websites including without limitation, the scope or duration of any rights and the deletion of the User Content.
You shall be solely responsible for any third party claims relating to the use of the User Content in accordance with the terms and conditions of the Third Party Websites.
Without prejudice to the above, you represent and warrant that you have obtained any necessary consents and have the right to use, copy, distribute and disclose to third parties the User Content.
You acknowledge and agree that the User Content could be subject to "viral" communication (word-of-mouth communication) on Third Party Websites and that we will not be liable for any claim or action in this regard.
You are entirely liable for any User Content that you publish on this Site including but not limited to for any third party claims that the User Content constitutes a violation of their intellectual property rights, or of their right to privacy.
Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that the User Content infringes their rights.
We will not be responsible for, or liable to any third party, for the content or accuracy of any material posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with these Terms of Use including if the content is illegal and/or contrary to the accepted standards of morality and/or infringes the rights of third parties.
User Actions.
Through Third Party Websites, some actions are made available to you on the Site such as sharing, commenting, and/or appreciating content, hereinafter referred to as "User Actions".
When you proceed with a User Action on or through a Third Party Website, you allow us to have access to certain information from your Third Party Website's account (including your name, profile picture, gender, birthday, networks, user IDs, list of friends and any other information that is communicated to other users of the Third Party Website, people you follow and/or who follow you and the comments and/or the appreciations you make, hereinafter "Public Information") in order to enable these User Actions.
We remind you that some Public Information you provide to us on or through a Third Party Website, is publicly published and can be viewed by anyone who is visiting the Site or a member of a Third Party Website. We are not responsible for the publication of your Public Information and the use that may be made by other users.
If you no longer wish to have your Public Information published on our Site, you are solely responsible for managing your privacy setting on your Third Party Website's account. We will not be responsible for the delay between your modification of your privacy setting and deletion of any activity on our Site or on the internet.
Please inform us of any User Content which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes the rights of others, at the following address contact@vichy.co.uk
(iv) Blog
We may make available on this Site a space permitting you to express yourself (the "Blog").
By using the Blog you agree to comply with the applicable legislation in force, accepted standards of morality, the Terms of Use set forth herein, any third party rights and the terms of the Blog Charter.
Please inform us of any communication which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the principles set forth herein and in the Blog Charter and/or which infringes the rights of others, at the following address contact@vichy.co.uk
