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pascalcornuez.com Terms and Conditions
pascalcornuez.com provides easy way to purchase prints or download files of photographs. Before you proceed with the purchase or use of the service, you must carefully review the Terms and Conditions set out below (the "Terms"). These Terms may be changed or updated at any time.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and pascalcornuez.com that you will use the Service only in a manner consistent with these Terms. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
Terms of Usage
pascalcornuez.com usage ("User access") is available to you if you are at least 18 years of age and submit certain requested information to pascalcornuez.com, including your name and correct email address. When you become a User, you must provide pascalcornuez.com with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
A condition of Usage is your "Active Participation" in the Service. Active Participation is defined as purchasing photo, including downloads of digital photos, reprints and enlargements, through the Service at least once every 365 days. If you cease Active Participation for any reason, pascalcornuez.com may terminate your User account (or any part thereof) and your use of the Service, and may remove and discard all information, communications, albums, photographs, links, comments, and other content (collectively "Content") made available by you within the Service.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
pascalcornuez.com in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
All the pictures visible on pascalcornuez.com are protected by Copyright. You shall not download, copy, use, or make available this content, unless you have a license to do so, or a written authorization from pascalcornuez.com.
The ownership of media visible on the website pascalcornuez.com are the sole property of pascalcornuez.com.
The Service is protected by French and international copyright laws and by other applicable laws. You may not Process any Content owned by pascalcornuez.com without the written consent of pascalcornuez.com. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
In case the service has not given you entire satisfaction, or you have not received the purchased product or service, please use our contact form with details of your claim.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS pascalcornuez.com, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "pascalcornuez.com AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
IN NO EVENT WILL pascalcornuez.com OR AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. pascalcornuez.com WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE TRANSFERED TO YOU IN USABLE CONDITION. IF YOUR PRINTS ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, pascalcornuez.com'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR pascalcornuez.com TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, pascalcornuez.com AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. pascalcornuez.com MAKES NO WARRANTY THAT
(i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
(iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. pascalcornuez.com MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, pascalcornuez.com WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
pascalcornuez.com may, in its sole discretion, terminate your User account (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including:
(i) conduct that violates these Terms or other policies or guidelines set forth by pascalcornuez.com elsewhere within the Service, or
(ii) conduct pascalcornuez.com believes is harmful to other pascalcornuez.com users, the business of pascalcornuez.com, or its Affiliates, or
(iii) failure to maintain Active Participation in the Service. pascalcornuez.com will not be liable to you or any third-party for any termination of your access to the Service.
Choice of Law
The courts of France are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by courts of France.
Modification of Terms
pascalcornuez.com may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by pascalcornuez.com will be prospective only.
These Terms constitute the entire agreement between you and pascalcornuez.com governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.
The failure of pascalcornuez.com to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
You can report abuse of these Terms by using our contact form.