Please carefully read the following Terms of Use before using the devoucoux.com website (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use and related Privacy Policy (“Privacy Policy”). These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site. These Terms of Use apply to residents of the United States. If you are a resident of another country, please click here for applicable information.
This Web site is operated by LIM France (“the Company”). Throughout the site, the terms "we", "us" and "our" refer to the Company and its affiliate, LIM USA inc. The Company offers the Site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the Site constitutes your agreement to these Terms of Use and Privacy Policy.
You may use the Site only if you can form a binding contract with the Company, and only in compliance with these Terms of Use and all applicable laws. By using the Site, you represent and warrant that you are at least 18 years old. Individuals under the age of 18 may use the Site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the user and is fully responsible for any and all activities.
ARTICLE 1 - TERMS AND CONDITIONS OF SALE
If you purchase any product using the Site, you agree to be bound by the Company’s Terms and Conditions of Sale, which you can view here.
ARTICLE 2 - USAGE RESTRICTIONS INTELLECTUAL PROPERTY
All of the content you see and hear on the Site, including, for example, all of the page headers, logos, button icons, images, illustrations, graphics, audio clips, video clips, and text, data compilations, and software are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the Company, one of its affiliates or by third parties who have licensed their materials to the Company. The entire content of the Site is copyrighted as a collective work under International copyright laws, and coordination, arrangement and enhancement of the content. The content of the Site, and the Site as a whole, are intended solely for the personal, noncommercial use by the users of our Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. The Company reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the Site.. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from the Company. You are granted a limited, revocable, non-transferrable and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark as part of the link without express written permission.
ARTICLE 3 - TRADEMARKS
The Company graphics, logos, page headers, button icons, scripts, and service names are trademarks or registered trademarks in the U.S. and/or other countries. The Company 's trademarks may not be used in connection with any product or service that is not the Company 's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
ARTICLE 4 - USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, , suggestions, ideas, and other submissions disclosed, submitted or offered on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain the Company property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. the Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. The Company has to right to delete any Comments it chooses in its sole discretion. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make and will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
ARTICLE 5 - COPYRIGHT INFRINGEMENT
The Company responds to notices of violations of the Digital Millennium Copyright Act.
ARTICLE 6 - INACCURACIES
The Company endeavors to present the most recent, accurate, and reliable information on the Site at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and the Company apologizes if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and make no claims to its accuracy, either expressed or implied. The Company reserves the right to amend errors or to update product information at any time without prior notice. In the event that a Company product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, the Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price and shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.
ARTICLE 7 - TERM/TERMINATION
These terms and conditions are applicable to you upon your accessing the Site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by the Company without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
ARTICLE 8 - NOTICE
The Company may deliver notices to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your account information.
ARTICLE 9 - ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the Site, you agree that your access to and use of the website is subject to these Terms of use, the Terms and Conditions, the Privacy Policy as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Florida, United States of America.
ARTICLE 10 - USE OF SITE
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Company or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. Failure to comply with the Terms of Use or any provision herein may result in suspension or termination of your account.
ARTICLE 11 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.
ARTICLE 12 - THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, the Company may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Company. The Company has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only the Site, but for sites it links to as well (including if a specific link does not work).
ARTICLE 13 - DISCLAIMER
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ARTICLE 14 - LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE,SHALL THE COMPANY OR IT SPARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE COMPANY SITE OR ANY CONTENT CONTAINED ON THE COMPANY SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INTERRUPTION OF SERVICE, USE, DATA OR OTHER INTANGIBLES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IFLIM USA. Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF LIM USA Inc.WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ARTICLE 15 - INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents or suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these Terms of Use and conditions or any activity related to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account and/or the Company Site account.
ARTICLE 16 - APPLICABLE LAW
These Terms of Use shall be governed by the laws of the State of New York and claims shall be determined in the state and federal courts of the State of Florida, USA. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.