Legal V2 – Heart Of Pearls

Heart Of Pearls Website Terms of Use

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Ownership of Site; Agreement to Terms of Use ™

These Terms and Conditions of Use (the “Terms of Use”) apply to the Heart Of Pearls™ web site located at http://www.heartofpearls.com, and all associated sites linked to http://www.heartofpearls.com by Heart Of Pearls™ , its subsidiaries and affiliates, including Heart Of Pearls™ sites around the world (collectively, the “Site”). The Site is the property of Heart Of Pearls™ . (“Heart Of Pearls™ ”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Heart Of Pearls™ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Heart Of Pearls™ grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Heart Of Pearls™ , and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Heart Of Pearls™ ’s express prior written consent.

You may use information on Heart Of Pearls™ products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Heart Of Pearls™ for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Heart Of Pearls™ reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Heart Of Pearls™ server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Heart Of Pearls™ , including any Heart Of Pearls™ account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Heart Of Pearls™ ’ systems or networks, or any systems or networks connected to the Site or to Heart Of Pearls™ .

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Heart Of Pearls™ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Heart Of Pearls™ or others.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Heart Of Pearls™ ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Heart Of Pearls™ immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Heart Of Pearls™ or any other user of or visitor to the Site due to someone else using your Heart Of Pearls™ ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Heart Of Pearls™ ID, password or account at any time without the express permission and consent of the holder of that Heart Of Pearls™ ID, password or account. Heart Of Pearls™ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Heart Of Pearls™ ’ Privacy Policy (as defined and specified under French Law) applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Heart Of Pearls™ Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Heart Of Pearls™ ’ control, and Heart Of Pearls™ is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

HEART OF PEARLS™ DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HEART OF PEARLS™ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HEART OF PEARLS™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEART OF PEARLS™ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY HEART OF PEARLS™ SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HEART OF PEARLS™ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Heart Of Pearls™ reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Violation of These Terms of Use

Heart Of Pearls™ may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Heart Of Pearls™ ’ rights or property, or the rights or property of visitors to or users of the Site, including Heart Of Pearls™ ’ customers. Heart Of Pearls™ reserves the right at all times to disclose any information that Heart Of Pearls™ deems necessary to comply with any applicable law, regulation, legal process or governmental request. Heart Of Pearls™ also may disclose your information when Heart Of Pearls™ determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Heart Of Pearls™ may preserve any transmittal or communication by you with Heart Of Pearls™ through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Heart Of Pearls™ determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Heart Of Pearls™ , its employees, users of or visitors to the Site, and the public.

You agree that Heart Of Pearls™ may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Heart Of Pearls™ , for which monetary damages would be inadequate, and you consent to Heart Of Pearls™ obtaining any injunctive or equitable relief that Heart Of Pearls™ deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Heart Of Pearls™ may have at law or in equity.

You agree that Heart Of Pearls™ may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Heart Of Pearls™ does take any legal action against you as a result of your violation of these Terms of Use, Heart Of Pearls™ will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Heart Of Pearls™. You agree that Heart Of Pearls™ will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of France and the court of Versailles (78000) will have sole jurisdiction.

You agree to the personal jurisdiction by and venue in France and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Heart Of Pearls™ and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Heart Of Pearls™ administers and operates the http://www.heartofpearls.com Site from its location in France; other Heart Of Pearls™ sites may be administered and operated from various locations in and outside France. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside France. Heart Of Pearls™ reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside France, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation French laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Heart Of Pearls™ with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Heart Of Pearls™ with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Heart Of Pearls™ , Heart Of Pearls™ will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Heart Of Pearls™ ’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Heart Of Pearls™ of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Heart Of Pearls™ and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Heart Of Pearls™ provides access to Heart Of Pearls™ international data and, therefore, may contain references or cross references to Heart Of Pearls™ products, programs and services that are not announced in your country. Such reference does not imply that Heart Of Pearls™ in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Heart Of Pearls™ shall be free to use such information on an unrestricted basis.

Trademark & copyright

These Heart Of Pearls website Terms of Use are

as updated from time to time by JPS Development Legal Team. Last update on Dec 2015