Terms of Use

DJL LALIQUE


These “Terms of Use” set forth the terms and conditions that apply to your use of www.djllalique.com (the “Website”). This Website is operated by us. The Website is restricted to use by residents of the fifty (50) United States and the District of Columbia (“U.S.”) only. Non U.S. residents that access the Application and/or the Website, do so at their own risk and initiative and hereby waive any claims that may arise under your own local and national laws. By accessing or using the Website, you acknowledge, understand and agree to be bound by these Terms of Use and represent that you are more than 18 years of age, are a resident of one of the fifty (50) United states or the District of Columbia (the “U.S.”), and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MUST CEASE USING THE WEBSITE.
[QUESTIONS: (1) WILL USERS RECEIVE EMAILS FROM SITE? (2) CAN USERS REGISTER/SET UP ACCOUNT ON SITE? (3) ANY OPEN-SOURCE CODE? (4) IS ANY WEBSITE CONTENT/IP LICENSED FROM THIRD PARTIES?]

PRIVACY POLICY
Please read our Privacy Policy which sets forth our privacy practices with respect to the Website, and is incorporated into, and made a part of, these Terms of Use.

COPYRIGHTS AND TRADEMARKS
All content available on the Website, including, but not limited to, text, graphics, illustrations, content, designs, icons, logos, photographs, programs, products, technology, software, and all other materials that appear as part of the Website, and the selection, arrangement, compilation, overall design, presentation, “look and feel”, and visual appearance of the Website (collectively, the “Content”) are protected by U.S. and international copyright, trade dress and/or other intellectual property laws and are owned by us, unless and to the extent otherwise expressly attributed to third parties.

The trademarks, logos, slogans, service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of the Company and are protected by U.S. and international trademark laws. All other Trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not by affiliated with, connected to, or sponsored by us.

Except to the extent otherwise provided herein, we expressly reserve all intellectual property rights in the Content and the Trademarks (collectively, the “Website IP”) as it appears on the Website from time to time. No right relating to any Website IP is transferred to any person as a result of their use of this Website. Except as set forth in the limited license below or as required under applicable law, neither the Website IP, nor any other portion of the Website may be used, accessed, reproduced, published, transmitted, distributed, duplicated, copied, sold, resold, modified, displayed, performed, exhibited, used to create derivative works, or exploited in any way in full or in part, for any purpose without our prior written consent.

WEBSITE ACCESS AND LIMITED LICENSE
A limited, revocable, nontransferable, nonexclusive license to visit and use this Website solely for your personal, non-commercial use is granted to you by the Company. Neither this Website, nor any portion thereof, can be modified, downloaded, copied or referenced in any way (except for page caching or as necessary to view content), and you may not utilize linking, framing or the use of framing techniques with respect to the Website (or any aspect thereof), in each case without the express written consent of the Company. You may create a hyperlink to the home page of the Website, provided that the link does not portray either this Website or its products or services in any false, misleading, derogatory, or otherwise offensive manner.

ERRORS AND INACCURACIES

This Website may contain typographical or technical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colors, description of products, or other Content on this Website, and we do not warrant or guarantee that such pricing and availability, colors, description of products, or other Content on this Website are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical or technical mistakes, inaccuracies, errors or omissions and to change or update information at any time without prior notice to you.

LINKS TO THIRD-PARTY WEBSITES
The Website may feature hyperlinks to third-party websites for your reference and convenience only. The Company makes no representations or warranties regarding the products or services performed on, or the contents, availability and accuracy of, such third party websites (including their compliance with applicable laws and regulations). Your use of, and access to, such third parties’ websites, products/services, and your correspondence thereon, is at your own risk. We assume no responsibility or liability for the actions, content, products or services of such third party websites. You should carefully review the respective terms and conditions and privacy policies of such third party websites.

NO REPRESENTATIONS OR WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THESE TERMS OF USE, THE WEBSITE (INCLUDING ANY CONTENT, MATERIALS, PRODUCTS, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE), ANY THIRD PARTY WEBSITES LINKED TO FROM THE WEBSITE, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

LIMITATIONS ON LIABILITY

YOU HEREBY AGREE THAT THE WEBSITE IS BEING PROVIDED TO YOU STRICTLY ON AN “AS IS, AS AVAILABLE” BASIS AND THAT, UNDER NO CIRCUMSTANCES, SHALL WE BE RESPONSIBLE OR LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS FOR LOSS OF USE OR LOST PROFITS; BUSINESS INTERRUPTION; ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE; DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; COMPUTER VIRUSES, SYSTEM FAILURE, SECURITY INTRUSIONS, HARMFUL COMPONENTS, LOSS OF DATA, PROGRAMS OR INFORMATION, OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; AND EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF THE WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED ($100).

INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and its members, managers, officers, directors, shareholders, employees, agents, affiliates, and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Website and any violation of these Terms of Use (including the Privacy Policy) by you.

TERMINATION
The permission or limited license granted to you herein by the Company to use or link to this Website shall terminate automatically upon any unauthorized use by you, at any time without prior notice.

CHANGES TO THESE TERMS OF USE
We reserve the right to update or revise these Terms of Use at any time, in the Company’s sole discretion. We will post any such changes on the Terms of Use page of the Website and will revise the date set forth at the bottom of these Terms of Use under the “Last Update” paragraph, but have no other obligation to notify you of such changes. Your continued use of the Website constitutes your agreement to these Terms of Use and any updates thereto. We therefore encourage you to refer to these Terms of Use on an ongoing basis so that you understand our current Terms of Use.

APPLICABLE LAW
These Terms of Use, and any dispute of any sort that might arise between you and us, are governed by the laws of the State of New York, without regard to its principles of conflict of laws.

DISPUTES
Any claim or dispute between you and the Company that arises in whole or in part in connection with the Website shall be decided exclusively by binding arbitration in the State of New York, within New York County in accordance with the commercial arbitration rules of the American Arbitration Association, then effective, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You irrevocably consent to the exclusive venue of such arbitral forum being in the State of New York within New York County, waive any objections thereto, and agree that any such arbitration proceedings shall be conducted in confidence. To the maximum extent permitted by law, no arbitration with respect to this Website shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. You agree that any arbitration proceeding or other cause of action or claim arising out of or related to the Website or these Terms of Use must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive, equitable or other appropriate relief in any court of competent jurisdiction.

MISCELLANEOUS

This Terms of Use, together with the Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements or other communications. Nothing contained in these Terms of Use shall be construed as creating an agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a subsequent waiver of such provision. If any portion of the Terms of Use are invalid, void, or not enforceable for any reason, that will not affect the enforceability of the remainder of the Terms of Use (or the affected provision thereof).

LAST UPDATE
These Terms of Use were last updated on September 4, 2013
© 2013 DJL Lalique. ALL RIGHTS RESERVED.

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