Eclair is a registered trademark of JMS in the European Union and certain other international countries.
PLEASE READ THIS LEGAL NOTICE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE, RELATED SITES AND MOBILE SITES AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
DISCLAIMER
Last updated: June 1, 2022
YOUR USE OF AND BROWSING IN THE SITES ARE YOUR SOLE RESPONSIBILITY. NEITHER ECLAIR DIGITAL SERVICES FRANCE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A WARNING. ECLAIR DIGITAL SERVICES FRANCE SA EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE OR REVISE THE CONTENT OF THE SITES, EVEN IF WE ARE AUTHORIZED TO DO SO AT ANY TIME, WITH OR WITHOUT NOTICE.
GENERAL CONDITIONS OF USE
Eclair is a registered trademark in the European Union and certain other international countries.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE USE OF THIS WEBSITE, RELATED SITES AND MOBILE SITES, AS WELL AS LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR BROWSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS OF USE
Last update: October 2022
Welcome to the websites and/or mobile sites (the “Sites”) for Eclair Digital Services France Please review carefully the following terms and conditions of use, which together with applicable law govern your use of these Sites (the “Terms of Use”).
Your use of the Sites constitutes your agreement to follow and be bound by these Terms of Use, and your consent and acknowledgement that no other agreement between you and Eclair Digital Services France relating to these Terms of Use may supersede them. We reserve the right to modify these terms of use at any time, at our sole discretion, without prior specific notice. Any changes to these terms of use will be posted on the Sites, and we will consider that you accept these changes by your subsequent use of the Sites. Therefore, we encourage you to review these terms of use each time you use the Sites. You can check the “last updated” date at the top of these Terms of Use to see when these Terms of Use were last modified. If you do not agree to these Terms of Use, please do not use these Sites. These Sites are intended only for users who are 13 years of age or older. Any registration by browsing or accessing these Sites by a person under the age of 13 is not authorized, not permitted and violates these Terms of Use. By browsing these Sites, you represent and warrant that you are 13 years of age or older, and that you accept and abide by all of the terms and conditions of these Terms of Use. Any personal information provided may be transferred to our servers and/or offices elsewhere in Europe. You consent to this by providing us with your personal information. Your personal information will be subject to French law, regulation and/or court order and may be disclosed to third parties or French authorities in accordance with French law, regulation and/or court order. You agree that: (a) all matters relating to your use of the Sites, including without limitation purchases through the Sites, shall be governed by the laws of France, (b) with respect to all disputes arising out of your use of the Sites, the Tribunal du Commerce de Paris shall have jurisdiction, and you shall submit to its jurisdiction; and (c) you are responsible for complying with all local laws.
International Use
Because the Sites are accessible worldwide, if you choose to access these Sites from locations other than France, Belgium or other European Union countries, you do so on your own initiative and are responsible for compliance with applicable local rules of use, laws and regulations, including those relating to the transmission of technical data exported or imported from France or from a country in which you reside. Notwithstanding the foregoing, Eclair Digital Services France makes no representation that materials on the Sites are appropriate or available for use in locations outside of France or Belgium, as the case may be, and accessing them from territories where their content is illegal is prohibited.
Content of the Sites
Unless otherwise specified, the Sites, and all materials on the Sites, including data, text, images, illustrations, designs, icons, photographs, video clips and other materials, as well as any known or unknown rights in such materials, shall be subject to intellectual property or similar laws in any jurisdiction in the world (collectively, the “Contents”), and are owned, controlled or licensed by Eclair Digital Services. We do not warrant or represent that your use of materials displayed on the Sites will not infringe rights of third parties not owned by or affiliated with Eclair Digital Services France.
The Sites and the content are intended solely for your personal, non-commercial use. You are authorized to view, download and print hard copies of pages from the Sites for your personal, non-commercial and lawful use, provided that such copies clearly display the copyright and all other notices relating to Eclair Digital Services France’s proprietary rights. No right, title or interest in downloaded content is granted to you following viewing, downloading or printing.
Except for the foregoing, you may not reproduce or communicate with the public by telecommunication, publish, transmit, distribute, display, modify, create derivative works from, sell, rent or exploit in any way any of the content or the Sites. Without limiting the generality of the foregoing, you will not distribute, modify, transmit, reuse, republish or use the contents of the Sites for any public or commercial purpose, including text, images, audio, and video, without the express written permission of Eclair Digital Services France. Furthermore, the contents may not be modified or changed, mixed with other data or published in any form whatsoever, in whole or in part, including “screen capture”, “database retrieval” or any other activity aimed at collecting, storing, reorganizing or manipulating the contents on the pages produced or displayed on the Sites.
Images of people or places displayed on the Sites are either the property of or reserved for the private use of Eclair Digital Services France. The use of these images by you or third parties is prohibited unless specifically permitted by the terms of use or specific permission given elsewhere on the Sites or by the owner of these images. Any unauthorized use of the images would violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and laws. Eclair Digital Services France disclaims any responsibility or liability for any damages that may arise from your arbitrary and illegal use of these images.
The trademarks, logos and service marks (collectively the “Trademarks”) appearing on the Sites are known or unknown trademarks of Eclair Digital Services France and other companies. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the express written permission of Eclair Digital Services France or such third party that may own the Trademark displayed on the Sites. Your misuse of the trademarks appearing on the Sites, or any other content on the Sites, subject to these terms of use, is strictly prohibited. You are also advised that Eclair Digital Services France will actively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
When viewing the Sites, you must not use the technology to display the content of the Sites in the frame or in any other way that is different from how it would appear if a user were to type the URL into the browser. The link must result in a new, fully functional, full-screen browser window populated solely with pages created by the Sites.
You acknowledge that unauthorized use of the Sites or content may cause irreparable harm to Eclair Digital Services France and that in the event of unauthorized use, Eclair Digital Services France shall have the right to seek injunctive relief in addition to any other remedies available at law or in equity.
Right to modify, suspend or discontinue the Sites
We reserve the right, at any time and in our sole discretion, to: modify, suspend, discontinue or limit the use of any portion of the Sites or any service, content, feature or product offered by the Sites, with or without notice; charge fees related to the use of the Sites; modify and/or waive any management fees related to the use of the Sites; and/or provide opportunities to some or all users of the Sites. You acknowledge that we shall not be liable to you or any third party for any modification, suspension, discontinuance or limitation of the Sites, or any service, content, feature or product offered through the Sites.
Other Policies
In the footers of the Sites, we adhere to a number of policies designed to protect and provide specific benefits to our users, including our Privacy Policy (the “Other Policies”). The Other Policies may vary depending on our personal sites and your location. The terms and conditions of the Other Policies are incorporated by reference into these Terms of Use.
Errors, Inaccuracies and Omissions
The Sites may from time to time deliver information that contains typographical errors, inaccuracies or omissions concerning prices, promotions, offers or availability. While we make reasonable efforts to update and correct errors or inaccuracies on the Sites, we cannot guarantee or warrant that the information, content or materials contained on the Sites are error-free or completely accurate or current at all times. We reserve the right, at any time, in our sole discretion and without notice to correct any errors, inaccuracies or omissions in the information on our Sites.
Security
You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (a) accessing data not intended for you, which includes logging into a server or account that you are not authorized to access, (b) any attempt to probe, scan or test the vulnerability of a system or network to breach security or security measures without proper authorization, (c) any attempt to interfere with, disrupt or disable service to any user, host or network, including, without limitation, through such means as “denial of service”, attacks, overloading, “flooding,” “mail bombing,” or “crashing,” (d) fabricating any TCP/IP packet header or any other part of the header information for any transmission (e) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or interfere with Eclair Digital Services France’s monitoring or provision of the Sites, or (f) take any action to obtain services for which you are not authorized. Violations of system or network security may result in civil or criminal liability. YMAGIS SA will investigate cases that may involve such violations and will cooperate with the appropriate authorities to prosecute you if you are involved in such violations. At any time, Eclair Digital Services France shall have the discretion to take such action as Eclair Digital Services France deems necessary, in its sole discretion, to prevent the security breach, and Eclair Digital Services France shall not be liable for any damages you or any third party may suffer as a result of the exercise of Eclair Digital Services France’s rights.
Limitation of Liability
Your use of the Sites is at your own risk and you assume full responsibility for the costs associated with your use of the Sites. Eclair Digital Services France declines all responsibility for damages of any kind related to your use of the Sites. You agree that your sole recourse in the event of a problem with your use is to stop using the Sites. In no event shall Eclair Digital Services France or any of its directors, employees, agents or representatives or their respective successors or assigns be liable for any direct or indirect damage or loss arising out of or in connection with access to or use of the Sites or any other website linked to the Sites or the contents, regardless of whether such loss or damage is based on warranty, contract, tort (including negligence), strict liability, product liability or other theory of liability, including without limitation liability for direct, indirect, special, incidental or consequential damages.
Eclair Digital Services France maintains the Sites for your personal entertainment, information, education and communication. Due to local, national or international restrictions, or even technological or legal restrictions, all Sites, including our mobile sites, may not be accessible from your current location, and Eclair Digital Services France disclaims any responsibility, and shall not be liable for any inability or limited ability to access or use the Sites.
Eclair Digital Services France is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or e-mails, nor is it responsible for unavailable networks or mobile connections, failed, incomplete, indecipherable or delayed computer transmissions, on-line or mobile failures, hardware, software or other technical malfunctions or disturbances, or any other communications failures or circumstances affecting, disrupting or corrupting communications. Eclair Digital Services France is in no way responsible for any costs or charges incurred by your use of the Sites with regard to the Internet, mobile networks or any other means of communication.
Eclair Digital Services France declines all responsibility, and cannot be held responsible, for damage or viruses affecting your computer equipment or other property when accessing your account or using the Sites or downloading any type of document: data, text, images, video or audio from the Sites.
Eclair Digital Services France has not reviewed all of the sites linked to the Sites and is not responsible for the content of any off-site pages or any other sites linked directly or indirectly to the Sites. Your linking to any other off-site pages or other sites is at your own risk.
Indemnity
You agree to defend, indemnify and hold Eclair Digital Services France harmless from and against any and all claims, demands, damages, costs, expenses, including attorneys’ fees and disbursements, arising out of or relating to your use of the Sites and/or your breach of any representation, warranty or other term of these Terms of Use.
General
The waiver of any provision of these terms of use shall not be deemed a waiver of any other provision of Eclair Digital Services France’s right to enforce strict performance of each of the terms set forth herein. If any provision of these terms of use is held to be unenforceable or invalid for any reason, it shall be severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute your entire agreement to use the Sites.
Termination
These terms are in force until terminated by Eclair Digital Services France. Eclair Digital Services France may terminate these terms of use at any time, without notice, and may consequently deny you access to the Sites for any or no reason. The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of these terms of use for all purposes.
