TERMS
AND CONDITIONS
Terms
& Conditions of Use
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE ACCESSING OR USING ‘SAY IT FROM FRANCE’, ALONG
WITH SUBSCRIBING TO ‘SAY IT FROM FRANCE’ SERVICES,
PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT
OR DATA AND/OR OTHERWISE USING THE ‘SAY IT FROM FRANCE’
SERVICES AND PRODUCTS, AND THE RELATED ‘SAY IT FROM FRANCE’
SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED
IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY
RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “‘SAY IT
FROM FRANCE’ TECHNOLOGY”).
‘SAY IT FROM FRANCE’ IS WILLING TO PROVIDE YOU WITH
ACCESS TO THE ‘SAY IT FROM FRANCE’ Web site THROUGH
THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS
SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY
YOU FROM ‘SAY IT FROM FRANCE’ OR ITS AFFILIATES IN
CONNECTION WITH THE ‘SAY IT FROM FRANCE’ WEB SITE
(COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND
ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND
CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY
SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS
TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”).
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
PROMPTLY CEASE USING THE ‘SAY IT FROM FRANCE’ WEB
SITE, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING,
SUBSCRIBING OR INSTALLING THE ‘SAY IT FROM FRANCE’
WEB SITE OR PURCHASING PRODUCTS AND SERVICES FROM ‘SAY IT
FROM FRANCE.
Authority
By accessing, subscribing, downloading and/or otherwise using
the ‘SAY IT FROM FRANCE’ Web site, you (a) certify
that you are at least 18 years of age, and that, if you are acting
on the behalf of any person or entity, you are authorized to act
on behalf of such party, (b) have read this Agreement and have
agreed to be legally bound by this Agreement, and (c) agree to
all operating rules and policies of ‘SAY IT FROM FRANCE’
that may be published within the ‘SAY IT FROM FRANCE’
Web site or this website.
Intellectual Property
The ‘SAY IT FROM FRANCE’ Web site are owned and operated
by ‘SAY IT FROM FRANCE’ and its licensors and are
protected by copyright and other intellectual property laws Copyright
2006 ‘SAY IT FROM FRANCE’, All rights reserved. The
compilation and arrangement of all content, data and other information
found within the ‘SAY IT FROM FRANCE’ Web site is
also the sole and exclusive property of ‘SAY IT FROM FRANCE’
and its licensors and is protected by international intellectual
property laws. The "look and feel" of the ‘SAY
IT FROM FRANCE’ Web site, meaning, the structure, sequence
and layout of the audiovisual components of such technology as
perceived by you, including, but not limited to, the color combinations,
button shapes, and all other graphical and navigational elements,
are also proprietary to ‘SAY IT FROM FRANCE’ and its
licensors and fully protected under international intellectual
property laws.
Use of the ‘SAY IT FROM FRANCE’ Web site
Subject to the terms and conditions set forth herein and any third
party restrictions, ‘SAY IT FROM FRANCE’ grants you
a non-transferable, non-exclusive and non-sublicenseable limited
right and license to view, use and access the ‘SAY IT FROM
FRANCE’ Web site to
incidentally view, print and download the images, text, graphics,
photographs, audio, video and other content available within the
‘SAY IT FROM FRANCE’ Web site solely for your informational
purposes and for your immediate, private, personal and non-commercial
use, and
(b) make purchases of goods and services through links found on
this Website or through the ‘SAY IT FROM FRANCE’ Web
site; provided you retain all ‘SAY IT FROM FRANCE’
copyright and proprietary notices contained in the original materials
or any copies thereof.
All rights not expressly stated herein are reserved by ‘SAY
IT FROM FRANCE’ and ‘SAY IT FROM FRANCE’ disclaims
any and all implied licenses. Without limiting the foregoing,
you agree not to:
reverse engineer, decompile, reverse compile, translate, adapt,
or disassemble or otherwise access the ‘SAY IT FROM FRANCE’
Web site, or any part thereof;
copy, distribute, display, transmit or reproduce the ‘SAY
IT FROM FRANCE’ Web site, or any part thereof, in any form,
including, but not limited to, fonts, icons, link buttons, wallpaper,
and unlicensed merchandise;
publish, display, disclose, sell, rent, lease, modify, store,
loan, distribute, publicly display or perform, co-brand, frame,
permit third parties to link to, or create compilations or derivative
works of the ‘SAY IT FROM FRANCE’ Web site, or any
part thereof, including, but not limited to, using any part of
the ‘SAY IT FROM FRANCE’ Web site to create fonts,
icons, links, buttons, wallpaper and unlicensed merchandise;
assign, sublicense, convey, transfer, pledge as security or otherwise
encumber the rights and licenses granted hereunder; or
use the ‘SAY IT FROM FRANCE’ Web site in any fashion
that may infringe any patent, copyright, trademark, trade secret
or any other intellectual property or proprietary right of ‘SAY
IT FROM FRANCE’, its third party suppliers or any other
third party;
upload, post, email, transmit or otherwise make available any
material that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
use ‘SAY IT FROM FRANCE’ Web site to harm minors in
any way;
impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity using ‘SAY
IT FROM FRANCE’ Technology;
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the ‘SAY
IT FROM FRANCE’ Web site;
upload, post, email, transmit or otherwise make available any
materials that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment;
interfere with or disrupt the ‘SAY IT FROM FRANCE’
Web site or servers or networks connected to the ‘SAY IT
FROM FRANCE’ Web site, or disobey any requirements, procedures,
policies or regulations of networks connected to the ‘SAY
IT FROM FRANCE’ Web site (including, but not limited, to
this Website); and
"stalk" or otherwise harass another; or collect or store
personal data about other users.
You agree not to access
the ‘SAY IT FROM FRANCE’ Web site by any means other
than through the interface that is provided to you by ‘SAY
IT FROM FRANCE’ for use in accessing the ‘SAY IT FROM
FRANCE’ Web site.
By posting of information or other materials on this Website or
within the ‘SAY IT FROM FRANCE’ Web site or by making
such information available for downloading by you, ‘SAY
IT FROM FRANCE’ does not waive any proprietary right in
and to the ‘SAY IT FROM FRANCE’ Web site (including,
but not limited to, copyright, service mark, trademark, patent,
trade secret or other intellectual property or proprietary right)
and does not transfer any rights to you in the ‘SAY IT FROM
FRANCE’ Web site except for the limited license expressly
granted herein.
Submissions
Any and all comments, suggestions, ideas, graphics, personally
identifiable information and any other information that you transmit
to ‘SAY IT FROM FRANCE’ through the ‘SAY IT
FROM FRANCE’ Web site ("Submission") become and
will remain the sole and exclusive property of ‘SAY IT FROM
FRANCE’ and may be used by ‘SAY IT FROM FRANCE’
anywhere, anytime and for any reason whatsoever, including, but
not limited to, developing, manufacturing, and marketing products
and services incorporating the Submission, subject only to our
Privacy Policy with respect to our use of your personally identifiable
information. By making a Submission, you waive the right to make
any claim against ‘SAY IT FROM FRANCE’, or any of
its respective parents, subsidiaries, affiliates, employees, agents,
directors, officers, and shareholders related to the Submission,
including, but not limited to, unfair competition, invasion of
privacy, negligence, breach of implied contract or breach of confidentiality,
and you further waive all moral rights you may have in any materials
uploaded or sent to us by you. To the extent ‘SAY IT FROM
FRANCE’ does not acquire full ownership to your Submission,
you hereby assign all right, title and interest in and to your
Submission to ‘SAY IT FROM FRANCE’ without the payment
of any further consideration to you by ‘SAY IT FROM FRANCE’.
You agree to execute any instruments and to do all things reasonably
requested by ‘SAY IT FROM FRANCE’ to vest in ‘SAY
IT FROM FRANCE’ all right, title and interest in and to
your Submission. You also hereby irrevocably designate and appoint
‘SAY IT FROM FRANCE’ and its duly authorized officers
and agents as your agent and attorney in fact, which appointment
is coupled with an interest, to act for and in its behalf to execute,
verify and file any document and do any other lawfully permitted
acts to further the purpose of the foregoing sentences with respect
to the ownership of the Submission as if executed by you.
You represent and warrant that your Submissions: (a) shall be
true, accurate, current, complete and not misleading, (b) shall
not violate the rights of any third party, including, but not
limited to, intellectual property and proprietary rights, (c)
shall contain visual depictions of persons who were at least 18
years of age when said visual depiction was created, (d) shall
not be fraudulent or involve counterfeit or stolen information
or items, (e) shall not violate any law, statute, ordinance or
regulation, and (f) shall not create any liability for ‘SAY
IT FROM FRANCE’. You also agree to maintain and promptly
update your Submissions by means of the ‘SAY IT FROM FRANCE’
Web site in order to keep that information true, accurate, current
and complete.
Participation Disclaimer
‘SAY IT FROM FRANCE’ does not and cannot review all
Submissions posted to or created by users accessing the ‘SAY
IT FROM FRANCE’ Web site (including, but not limited to,
this Website), and is not in any manner responsible for the content
of these communications or the activities of these users. You
acknowledge that by providing you with the ability to view and
distribute user-generated content through the ‘SAY IT FROM
FRANCE’ Web site (including, but not limited to, this Website),
‘SAY IT FROM FRANCE’ is merely acting as a passive
conduit for the distribution of such information and is not undertaking
any obligation or liability relating to the content or the users’
activities. Even though ‘SAY IT FROM FRANCE’ may monitor
and review transmissions, we assume no responsibility or liability
which may arise from the content thereof, including, but not limited
to, claims for defamation, libel, slander, infringement, invasion
of privacy, obscenity, pornography, profanity or misrepresentation.
Notwithstanding the foregoing, ‘SAY IT FROM FRANCE’
reserves the right to block or remove communications, postings,
or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation
of a copyright, trademark, patent, trade secret or other intellectual
property rights of another or (d) offensive or otherwise unacceptable
to ‘SAY IT FROM FRANCE’ in its sole discretion.
Trademarks
Any and all trademarks displayed within the ‘SAY IT FROM
FRANCE’ Web site are owned by ‘SAY IT FROM FRANCE’,
its licensors or its affiliates.
Confidentiality
At all times during the term hereof and at all times thereafter,
you shall keep confidential and not disclose, directly or indirectly,
and shall not use for the benefit of yourself, or any other individual
or entity, any Confidential Information of ‘SAY IT FROM
FRANCE’. "Confidential Information" means any
Submissions, trade secrets, or confidential or proprietary information
whether in written, digital, oral or other form that is unique,
confidential or proprietary to ‘SAY IT FROM FRANCE’
or its licensors, including, but not limited to, all parts of
the ‘SAY IT FROM FRANCE’ Web site and any other materials
or information related to the business or activities of ‘SAY
IT FROM FRANCE’ that are not generally known to others engaged
in similar businesses or activities.
Warranty Disclaimer
You access and use the ‘SAY IT FROM FRANCE’ Web site
at your sole risk. The ‘SAY IT FROM FRANCE’ Web site
is provided to you on an "as is" and “as available”
basis. To the fullest extent permissible pursuant to applicable
law, ‘SAY IT FROM FRANCE’ disclaims all warranties
(whether express, statutory or implied) of any kind, including,
but not limited to, implied warranties of title, merchantability,
data accuracy, system integration, fitness for a particular purpose,
non-infringement and any other warranty arising under the uniform
commercial code, usage of trade, course of conduct or otherwise.
Without limiting the foregoing, ‘SAY IT FROM FRANCE’
does not represent or warrant that (a) the ‘SAY IT FROM
FRANCE’ Web site will be uninterrupted, timely, secure or
error-free, (b) the defects in the ‘SAY IT FROM FRANCE’
Web site will be corrected, (c) the ‘SAY IT FROM FRANCE’
Web site or the servers that operate the ‘SAY IT FROM FRANCE’
Web site are free of viruses or other harmful components, (d)
the data, results and information within the ‘SAY IT FROM
FRANCE’ Web site will be correct, accurate, adequate, useful,
reliable or otherwise; and (e) the ‘SAY IT FROM FRANCE’
Web site will meet your needs, requirements or expectations.
‘SAY IT FROM FRANCE’ may make changes to the content
within the ‘SAY IT FROM FRANCE’ Web site or to the
products or services described in it, at any time without notice
to you. Further, ‘SAY IT FROM FRANCE’ assumes no liability
or responsibility for any errors or omissions in the content within
the ‘SAY IT FROM FRANCE’ Web site. The materials in
the ‘SAY IT FROM FRANCE’ Web site may be out of date
or inaccurate, and ‘SAY IT FROM FRANCE’ specifically
disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the
use of the ‘SAY IT FROM FRANCE’ Web site is done at
your sole discretion and risk. You will be solely responsible
for any damage to your computer system or loss of data that results
from the downloading of any such material including, but not limited
to, damage caused by viruses.
You acknowledge and agree that ‘SAY IT FROM FRANCE’
shall not be responsible or liable for (i) any unauthorized access
to or alteration of your Submissions; (ii) any Submission sent
or received or not sent or received and (iii) any Submission stored
on storage devices owned, operated or controlled by ‘SAY
IT FROM FRANCE’. You acknowledge and agree that ‘SAY
IT FROM FRANCE’ shall not be responsible or liable for any
Submissions or conduct of any third party, including, but not
limited to, content sent using and/or included within the ‘SAY
IT FROM FRANCE’ Web site provided by any other user of this
Website or any third party licensors or suppliers of ‘SAY
IT FROM FRANCE.
Some states do not permit limitations or exclusions on warranties,
so the above limitations may not apply to you. If any of the exclusions
set forth in this Section is determined by a court of competent
jurisdiction to be unenforceable, then all such express, implied
and statutory warranties shall be limited in duration for a period
of thirty (30) days after the date on which you first access the
‘SAY IT FROM FRANCE’ Web site, and no warranties shall
apply after such period.
Limitation of Liability
NEITHER ‘SAY IT FROM FRANCE’, ITS SUPPLIERS, OTHER
THIRD PARTIES MENTIONED WITHIN THE ‘SAY IT FROM FRANCE’
WEB SITE, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING
THE ‘SAY IT FROM FRANCE’ Web site AND SERVICES WILL
BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT,
PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY
KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF,
ACCESS TO, OR INABILITY TO USE AND ACCESS THE ‘SAY IT FROM
FRANCE’ Web site OR FROM YOUR PURCHASE OF PRODUCTS AND/OR
SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY
MATERIAL CONTAINED WITHIN THE ‘SAY IT FROM FRANCE’
WEB SITE; THE LINKING TO OTHER WEBSITES FROM THE ‘SAY IT
FROM FRANCE’ WEB SITE; THE SERVICES, PRODUCTS OR INFORMATION
OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS
OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR
PRODUCTS MENTIONED WITHIN THE ‘SAY IT FROM FRANCE’
Web site WHETHER OR NOT ‘SAY IT FROM FRANCE’ HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING,
IN NO EVENT SHALL ‘SAY IT FROM FRANCE’S AGGREGATE
LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF
ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID,
IF ANY, BY YOU TO ‘SAY IT FROM FRANCE’ FOR ACCESS
AND USE OF THE ‘SAY IT FROM FRANCE’ Web site OR THE
PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH ‘SAY
IT FROM FRANCE’ TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE
DOLLARS ($5.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL
CASES.
Access to ‘SAY IT FROM FRANCE’ Technology
You shall be responsible for obtaining access to the ‘SAY
IT FROM FRANCE’ Web site and for all equipment necessary
to access the ‘SAY IT FROM FRANCE’ Web site and you
acknowledge that obtaining the foregoing may involve third-party
fees (such as internet service provider or airtime charges). You
are responsible for all charges associated with connecting you
to the ‘SAY IT FROM FRANCE’ Web site, including, without
limitation, all telephone, equipment, airtime and internet service
provider charges.
Passwords and Your
Obligations
You may be asked to register as a member on certain pages or services
within the ‘SAY IT FROM FRANCE’ Web site and to select
a unique username and password in order to be able to access your
account and use any of the ‘SAY IT FROM FRANCE’ Web
site. As a registered member, you are responsible for maintaining
the confidentiality and security of your username and password
and shall be responsible for all uses of your username and password,
including, but not limited to, any purchases facilitated through
the use thereof, whether or not in fact authorized by you. You
agree to immediately notify ‘SAY IT FROM FRANCE’ in
writing of any breach of security, including, without limitation,
unauthorized use of your username or password. You also understand
that exiting immediately from your account (i.e., “logging
off”) at the end of each session will enhance your account
security and that failure to do so may permit other persons having
access to your computer to use, or modify, your account. If you
permit any person to use your username and password, you shall
be liable for all activity and transactions made by that person
including transactions for which you may not have authorized.
Security
The ‘SAY IT FROM FRANCE’ Web site resides on the public
internet. ‘SAY IT FROM FRANCE’ uses commercially reasonable
measures to protect the confidentiality and security of any communications
transmitted to ‘SAY IT FROM FRANCE’ and any information
stored on servers controlled by ‘SAY IT FROM FRANCE’.
Notwithstanding these efforts, ‘SAY IT FROM FRANCE’
cannot guarantee the confidentiality and security of such electronic
communications and storage devices used to store such information
(including, personally identifiable information) and disclaims
all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt
to violate the security of the ‘SAY IT FROM FRANCE’
Web site; (b) access data or materials not intended for you; (c)
log into a server or account which you are not authorized to access;
(d) attempt to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures; or
(e) attempt to interfere with service to any user, host or network,
including, without limitation, by means of submitting a virus
to the ‘SAY IT FROM FRANCE’ Web site, overloading,
"flooding," "mailbombing" or "crashing"
the ‘SAY IT FROM FRANCE’ Web site. Violations of system
or network security may result in civil or criminal liability.
‘SAY IT FROM FRANCE’ reserves the right to investigate
occurrences that may involve such violations and may involve and
cooperate with, law enforcement authorities in prosecuting users
who have participated in such violations.
Representations
Subject to the terms and conditions set forth herein, you may
use the ‘SAY IT FROM FRANCE’ Web site only for lawful
purposes. The ‘SAY IT FROM FRANCE’ Web site is subject
to, and you agree that you shall at all times comply with, all
applicable national, and international laws, statutes, rules,
regulations and ordinances including, but not limited to any rules
of any national or other securities exchange, and any regulations
having the force of law that are applicable to the use of the
‘SAY IT FROM FRANCE’ Web site and to your Submission.
Indemnification
You agree to indemnify, defend, and hold harmless ‘SAY IT
FROM FRANCE’, its affiliates, agents, vendors, distributors,
licensors and suppliers and their officers, directors, and employees
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from (a) any violation of
the terms and conditions of this Agreement, (b) any activity related
to your account (including negligent or wrongful conduct) by you
or any other person accessing your account, (c) your use of (or
inability to use) the ‘SAY IT FROM FRANCE’ Web site;
and (d) any use of your Submission by ‘SAY IT FROM FRANCE’
or any other party, including, but not limited to, any third party
claim of infringement of an intellectual property or proprietary
right or invasion of privacy or publicity.
Termination
You agree that ‘SAY IT FROM FRANCE’, at its sole discretion,
may terminate or suspend your access to and use of the ‘SAY
IT FROM FRANCE’ Web site (or any part thereof) at any time
and for no or any reason whatsoever, including, without limitation,
for lack of use by you or if ‘SAY IT FROM FRANCE’
believes that you have violated or acted inconsistently with the
terms and conditions of this Agreement. ‘SAY IT FROM FRANCE’
reserves the right at any time to modify or discontinue, temporarily
or permanently your access to and use of the ‘SAY IT FROM
FRANCE’ Web site (or any part thereof) without notice. You
agree that ‘SAY IT FROM FRANCE’ shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of your use of or access to the ‘SAY IT
FROM FRANCE’ Web site. Your obligations under this Agreement
shall continue even after ‘SAY IT FROM FRANCE’ has
terminated and/or cancelled this Agreement or your access to the
‘SAY IT FROM FRANCE’ Web site.
Resale Prohibited
Products sold from this Website may not be resold by you as new
or distributed to or through dealers. Notwithstanding anything
to the contrary herein, ‘SAY IT FROM FRANCE’ reserves
the right to adjust your order to ensure compliance with the terms
and conditions of this Agreement, and/or refuse to complete your
order for goods and services.
Product Display/Colors & Specifications
The ‘SAY IT FROM FRANCE’ Web site (including, but
not limited to, this Website) attempts to display product images
shown through it as accurately as possible. However, ‘SAY
IT FROM FRANCE’ is not responsible for and cannot guarantee
the performance or price of any goods, products or services advertised
through the ‘SAY IT FROM FRANCE’ Web site, and cannot
guarantee that the image or color you see displayed on your monitor
represents the actual product or conforms to the specifications
of the product you have selected.
Features, pricing and specifications of products and/or services
described or depicted through the ‘SAY IT FROM FRANCE’
Web site (including, but not limited to, this Website) are subject
to change at any time without notice. Weights and measures are
approximate.
Applicability of Content
This Website is operated in the State of New York, United States
of America, and ‘SAY IT FROM FRANCE’ makes no representation
that the content provided through the ‘SAY IT FROM FRANCE’
Web site are applicable or appropriate for use in jurisdictions
other than the United State of America. If you access our ‘SAY
IT FROM FRANCE’ Web site (including, but not limited to,
this Website) from outside of the United States, please be aware
you are responsible for compliance with any applicable laws. To
the extent any applicable local laws prohibit your viewing and
use of the ‘SAY IT FROM FRANCE’ Web site, you may
not view or use the ‘SAY IT FROM FRANCE’ Web site.
Privacy Policy
We realize that you are concerned about how the information you
provide online will be used. ‘SAY IT FROM FRANCE’
has a Privacy Policy that discloses what information ‘SAY
IT FROM FRANCE’ collects about you, how ‘SAY IT FROM
FRANCE’ uses such information, the steps ‘SAY IT FROM
FRANCE’ takes to secure such information, how you can view
and correct such information and how you can decline to have such
information about you collected or used. The Privacy Policy is
available on this Website and is incorporated herein by this reference.
Please read our Privacy Policy for more details.
Jurisdiction
This Agreement shall be governed and construed in all respects
by the laws of the State of New York, without regard to principles
of conflict of laws and without application of the Uniform Computer
Information Transaction Act and the United Nations Convention
of Controls for International Sale of Goods. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of ‘SAY IT FROM FRANCE’
Technology, and purchases of products and/or services through
the ‘SAY IT FROM FRANCE’ Web site must be filed within
one (1) year after such claim or cause of action arose or be forever
barred, and you expressly waive any other statute of limitation
which otherwise may apply. You agree to submit to the exclusive
jurisdiction of the courts of the State of New York or the United
States District Court for the Southern District of New York for
resolution of any dispute, action or proceeding arising in connection
with this Agreement or your use or non-use of this Website. You
hereby irrevocably waive any right you may have to trial by jury
in any such dispute, action or proceeding.
‘SAY IT FROM FRANCE’ Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, ‘SAY IT
FROM FRANCE’ has designated the person listed below as its
agent to receive notifications of alleged copyright infringement
on this Website. ‘SAY IT FROM FRANCE’ respects the
intellectual property of others, and asks our users to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide ‘SAY
IT FROM FRANCE's Copyright Agent the following information (the
"Notice"): (a) an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright
or other intellectual property interest; (b) a description of
the copyrighted work or other intellectual property that you claim
has been infringed; (c) a description of where the material that
you claim has been infringed is located in the ‘SAY IT FROM
FRANCE’ Web site; (d) your address, telephone number and
email address; (e) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright
owner, its agent or the law; and (f) a statement by you, made
under penalty of perjury, that the information in your Notice
is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property
owner's behalf.
Order of Preference
This Agreement governs your use and access to the ‘SAY IT
FROM FRANCE’ Web site. This Agreement does not modify, alter
or amend any other specific agreement you have entered or will
enter into with ‘SAY IT FROM FRANCE’. To the extent
that any provision of this Agreement, or any supplemental agreement
offered as any part of any registration for additional services
on this Website or within the ‘SAY IT FROM FRANCE’
Web site, conflicts with any provision of your other agreements
with ‘SAY IT FROM FRANCE’, the terms and conditions
of such other agreement shall, take precedence over the conflicting
term(s) and conditions of this Agreement.
Links to Other Web Sites
The ‘SAY IT FROM FRANCE’ Web site contains links to
other web sites (“Third Party Sites”) controlled or
offered by third parties (non-affiliates of ‘SAY IT FROM
FRANCE). ‘SAY IT FROM FRANCE’ is not responsible for
the content, accuracy or opinions expressed on such Third Party
Sites and such sites are not investigated, monitored or checked
for accuracy or completeness by ‘SAY IT FROM FRANCE’.
‘SAY IT FROM FRANCE’ hereby disclaims any and all
liability for, any information, materials, products or services
posted or offered at any of the Third Party Sites. By creating
a link to Third Party Sites, ‘SAY IT FROM FRANCE’
does not endorse or recommend any products or services offered
or information contained at Third Party Sites, nor is ‘SAY
IT FROM FRANCE’ liable for any failure of products and services
offered or advertised at those sites. Such third parties may have
a privacy policy different from that of ‘SAY IT FROM FRANCE’
and Third Party Sites may provide less security than ‘SAY
IT FROM FRANCE’. Without limiting the foregoing, the ‘SAY
IT FROM FRANCE’ Web site may contain offers from ‘SAY
IT FROM FRANCE’ for products and services that may be obtained
only by linking to the merchant web site to complete the transaction.
Terms of the offer shown on the ‘SAY IT FROM FRANCE’
Web site, including, but not limited to, price, color, quantity,
availability and description may vary from those show on the merchant’s
web site. Differences in the terms of an offer between what is
displayed in connection with the ‘SAY IT FROM FRANCE’
Web site and what is offered at the merchant web site will be
governed by the terms shown on the merchant’s web site.
‘SAY IT FROM FRANCE’ is not responsible or liable
for any such differences or discrepancies.
Revisions and Consents
‘SAY IT FROM FRANCE’ reserves the right to revise
the terms and conditions of this Agreement at any time and for
no or any reason whatsoever. ‘SAY IT FROM FRANCE’
also reserves the right to make changes at any time, without notice
or obligation, to any of the information, products or services
contained on or offered through the ‘SAY IT FROM FRANCE’
Web site (including, but not limited to, on this Website). Such
updates, revisions, supplements, modifications and additional
rules, policies, terms and conditions shall be effective immediately
and incorporated in this Agreement upon notice thereof, which
may be given by any reasonable means, including, but not limited
to, posting such changes on this Website. By continuing to enter
this Website and/or using the ‘SAY IT FROM FRANCE’
Web site, you acknowledge and agree that you shall be bound by
any such revisions. Accordingly, you should periodically review
the terms and conditions of this Agreement.
Entire Agreement
This Agreement constitutes the entire agreement between you and
‘SAY IT FROM FRANCE’ with respect to the subject matter
addressed herein, and governs your access to and use of the ‘SAY
IT FROM FRANCE’ Web site, superseding any prior agreements
between you and ‘SAY IT FROM FRANCE’ relating to such
subject matter, but this Agreement may be supplemented by any
other agreement you enter into with ‘SAY IT FROM FRANCE’
pursuant to your enrollment and/or participation in other features
of the ‘SAY IT FROM FRANCE’ Web site.
Arbitration
Except for the failure to pay any fees and/or disputes concerning
a breach of the scope of the license granted herein, any other
dispute arising out of, relating to or in any way connected with
this Agreement, on written request of either party served on the
other, shall be submitted to final and binding arbitration before
a single arbitrator. If the parties are unable to agree on an
arbitrator within thirty (30) days after a party has served notice
of a request to arbitrate, then an arbitrator shall be selected
by the American Arbitration Association pursuant to its then-current
rules, within fifteen (15) days after the Parties are unable to
agree on the arbitrator. Arbitration shall take place in the City
of New York in accordance with the Rules and Regulations of the
American Arbitration Association (Commercial Division).
General Provisions
If any part of this Agreement is unlawful, void, or unenforceable,
that part will be deemed severable and will not affect the validity
and enforceability of the remaining provisions of this Agreement.
You agree that if any part of the terms and conditions of this
Agreement are found to be unenforceable, then the remainder of
the terms and conditions of this Agreement will remain in full
force and effect.
‘SAY IT FROM FRANCE’s failure to insist upon or enforce
strict performance of any provision of the terms and conditions
of this Agreement shall not be construed as a waiver of any other
provision, term or right set forth herein. Neither the course
of conduct between the parties nor trade practice shall act to
modify any of the terms and conditions of this Agreement. ‘SAY
IT FROM FRANCE’ may assign its rights and duties under this
Agreement to any party at any time without notice to you. You
may not assign this Agreement or the rights granted herein to
any party without the prior written consent of ‘SAY IT FROM
FRANCE’. The section headings used in this Agreement are
for convenience only and have no legal or contractual effect.
The
SayItFromFrance.com team.
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