Terms and conditions |
This Agreement (the "Agreement")
is between you and Hachette Filipacchi Interactions S.A.
("Company") with its principal place of business at 149,
rue Anatole France, 92534 Levallois-Perret Cedex, France.
Use of the Company Internet web site (the "Company Web
Site"), including participation in its forums, such as
the ELLE Direct forum, and contests, signifies your agreementto
the terms and conditions of use set forth below in this
Agreement. |
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1.
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You agree to read these terms
and conditions of use carefully before using this company
web site. You acknowledge that you have read the terms
and conditions of use and that by using the Company Web
Site, you are deemed to accept the terms thereof. If you
do not agree to these terms and conditions of use, you
may not access or otherwise use the Company Web Site.
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2.
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Company may monitor your use of
this Company Web Site, and may freely use and disclose
any information and materials received from you or collected
through your use of the Company Web Site for any lawful
reason or purpose unless you give us written notice of
your objection to such use or disclosure. Your privacy
is protected in accordance with our privacy statement.
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3.
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Company reserves the right, at its
sole discretion, to change, modify, add or remove any
portion of this Agreement, in whole or in part, at any
time. Notification of changes in the Agreement will be
posted on the Company Web Site. |
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4.
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The Company Web Site is protected
by copyright as a collective work and/or compilation,
pursuant to French and European Union copyright laws,
international conventions, and other copyright laws. "ELLE"
is a trademark, logo and title registered in the name
of Company's affiliate, Hachette Filipacchi Presse S.A..
In Canada, the "ELLE" trademark, logo and title is registered
in the name of France-Canada Editions et Publications,
Inc. |
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5.
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The contents and materials ("Content")
of the Company Web Site are only for your personal, non-commercial
use. All Content contained on the Company Web Site is
protected by copyright and owned by Company and/or its
affiliates, or used with the permission of the rights
owner. You will abide by any and all additional copyright
notices, information, or restrictions contained in any
Content on the Company Web Site. You may download or copy
the Content and other downloadable items displayed on
this Company Web Site for personal, non-commercial use
only; provided that you acknowledge that the copyrights
therein shall be maintained and that you shall maintain
all copyright and other notices contained in such Content.
Copying or storing of any Content for other than personal,
non-commercial use is expressly prohibited without the
prior written permission from Company and/or its affiliates
or the rights holder of such Content. |
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6.
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Whilst Company takes every care
to ensure that the standard of the Company Web Site remains
high and that its continuity is maintained, the Internet
is not an inherently stable medium and errors, omissions,
interruptions of service and delays may occur at any time.
Accordingly, Company does not undertake an ongoing obligation
or responsibility to operate the Company Web Site, or
any part thereof, or to provide the services offered on
the Company Web Site. In this connection, Company may
change, suspend or discontinue all or any aspect of the
Company Web Site at any time, including the availability
of all or any Company Web Site service, feature, database,
or Content. Company may also correct any errors or omissions
in any portion of the Company Web Site, or impose limits
on certain features and services, or restrict your access
to parts or all of the Company Web Site without notice
or liability. |
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7.
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You represent, warrant and covenant
that you shall not upload, post or transmit to or distribute
or otherwise publish through the Company Web Site, any
materials which (a) restrict or inhibit any other user
from using and enjoying the Company Web Site, (b) are
unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually
explicit or indecent, (c) constitute or encourage conduct
that would constitute a criminal offense, give rise to
civil liability or otherwise violate law, (d) violate,
plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights
of privacy or publicity or any other proprietary right,
(e) contain a virus or other harmful component, (f) contain
any information, software or other material of a commercial
nature, (g) contain advertising of any kind, or (h) constitute
or contain false or misleading indications of origin or
statements of fact. |
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8.
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You hereby agree to indemnify, defend
and hold Company, and all its officers, directors, owners,
agents, employees, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability
and costs incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of the
Agreement or the foregoing representations, warranties
and covenants, including, without limitation, attorneys'
fees and costs. You shall cooperate as fully as reasonably
required in the defense of any claim. Company reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event
settle any matter without the written consent of Company.
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9.
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The Company Web Site contains links
and pointers to other World Wide Web Internet sites, resources,
and sponsors of the Company Web Site. Links to and from
Company Web Site to other third party sites, maintained
by third parties, do not constitute an endorsement by
Company or any of its subsidiaries or affiliates of any
third party resources, or their contents. |
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10.
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Company does not represent or endorse
the accuracy, completeness or reliability of any advice,
opinion, statement, or other information ("Information")
displayed or distributed through the Company Web Site.
You are advised to verify the accuracy of any such Information
and you acknowledge that any reliance upon any such Information
shall be at your sole risk. |
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11.
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Company does not and cannot review
all content or materials posted to the Company Web Site
by users. Such content and materials posted by users do
not necessarily represent the views of Company and Company
is not responsible for any such content or materials posted
by users. However, Company reserves the right at all times,
but undertakes no duty, to review, edit, move, refuse
to post or remove or delete any content or material, in
whole or in part, posted to the Company Web Site by users
and that in Company's sole discretion is objectionable
or in violation of this Agreement. Company also reserves
the right at all times to disclose any information as
necessary to satisfy any law, regulation or government
request. |
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12.
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The Company Web Site, including
all content, services, features, software, functions,
materials and information made available on or accessed
through the Company Web Site, is provided "as is." To
the fullest extent permissible by law, Company and its
subsidiaries and affiliates make no representation or
warranties of any kind whatsoever for the content, services
or features on the Company Web Site or the materials,
information and functions made accessible by the software
used on or accessed through the Company Web Site, for
any products or services or hypertext links to third parties,
or for any breach of security associated with the transmission
of sensitive information through the Company Web Site
or any linked site. Further, Company and its subsidiaries
and affiliates disclaim any express or implied warranties,
including without limitation, non-infringement, merchantability
or fitness for a particular purpose. Company does not
warrant that the functions contained in the Company Web
Site or any materials, content, services or features contained
therein will be uninterrupted or error free, that defects
will be corrected, or that the Company Web Site or the
server that makes it available is free of viruses or other
harmful components. Company and its subsidiaries and affiliates
shall not be liable for the use of the company web site,
including without limitation, the materials, content,
services and features and any errors contained therein.
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13.
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By posting messages, uploading files,
inputting data or engaging in any other form of communication
(individually or collectively "Communications") to the
Company Web Site, you hereby grant to Company and its
affiliates a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license,
sublicense, adapt, translate, distribute, display, publicly
perform, reproduce, transmit, modify, edit and otherwise
exploit such Communications, in all media now known or
hereafter developed. You hereby waive all rights to any
claim against Company and/or its affiliates for any alleged
or actual infringements of any proprietary rights, rights
of privacy and publicity, moral rights, and rights of
attribution in connection with such Communications. |
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14.
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You acknowledge that transmission
to and from this Company Web Site are not confidential
and your Communications may be read or intercepted by
others. You acknowledge that by submitting Communications
to Company, no confidential, fiduciary, contractually
implied or other relationship is created between you and
Company other than pursuant to this Agreement. |
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15.
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This agreement shall be governed
by and construed in accordance with the laws of France,
without regard to conflicts of laws provisions sole and
exclusive jurisdiction for any action or proceeding arising
out of or related to this agreement shall be an appropriate
court located in the area of location of Company's Headquarters.
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16.
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In using the Company Web site, in
the event you should encounter any material that you believe
infringes your rights, you should provide Company and
the posting party with notice of the alleged violation
with enough specific detail to allow Company to locate
the posting. You should ask the posting party to remove
the material, pending Company's investigation. Upon receipt
of notice from you, the posting party may provide Company
with a response to the complaint. You should also provide
the Company with substantiation for your claim. Upon receipt
of such substantiating information, Company will initiate
an investigation. While Company is investigating the complaint,
Company may temporarily remove or deny access to the challenged
material, to protect the rights of all involved. If Company
concludes that you have raised a legitimate claim, it
will continue to deny access to the challenged material.
If Company concludes that you have not raised a legitimate
claim, Company will restore access to the challenged material.
Notices under this provision to the Company should be
sent to legal@elle.com
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17.
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This Agreement constitutes the entire agreement between
Company and you with respect to your use of the Company
Web Site. Any cause of action you may have with respect
to your use of the Company Web Site must be commenced
within one (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction
finds any provision of the Agreement, or portion thereof,
to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the
intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect. Company disclaims
any and all responsibility for content contained in any
third party materials provided through links from the
Company Internet site. |
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