Conditions Générales
Allwena Website – Terms and Conditions
Updated March 2007
This Website is provided by Allwena and its affiliates and subsidiaries
(collectively, “Allwena” and “we”). Your use of this Website is subject to
these Terms and Conditions of Website Use (the “User Agreement”). Please read
this User Agreement and the other information referred or linked to in this
User Agreement carefully and be sure you understand it, since it is a legally
binding agreement that contains important information about our Website and
your permitted use of it. From time to time we may unilaterally modify this
User Agreement, so it is important that you review this User Agreement every
time you use this Website.
PLEASE NOTE: YOUR USE OF
THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF
THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE
USE
OF MATERIALS ON THIS WEBSITE
Allwena grants you a limited, non-exclusive, revocable license for you to use
this Website for your personal entertainment, information, education, and
communication, upon all of the terms of this User Agreement. This Website
contains materials and other items relating to Allwena and its products and
services, and similar items from our business partners, licensors, and
licensees, and other third parties (collectively, the “Content”). The Content
may be in the form of information, text, data, images, graphics, button icons,
registered and unregistered trademarks, illustrations, photographs, audio
clips, music, sounds, pictures, videos, software, or other forms and formats
now known or later invented. In using this Website, you must respect the
intellectual property rights of Allwena and others, all as outlined below. Your
unauthorized use of Content may violate copyright, trademark, privacy,
publicity, communications, and other laws, and any such use may result in your
personal liability, including potential criminal liability.
COPYRIGHTS
All Content is copyrighted, and it is either owned or used with permission by Allwena.
Allwena disclaims any representation or warranty that your unauthorized use of
Content will not infringe upon rights of third parties not owned by or
affiliated with Allwena.
Except as set forth in this User Agreement or in the text of this Website, you
may not reproduce, distribute, publish, transmit, modify, adapt, translate,
display, distribute, sell, license, publicly perform, prepare derivative works
based upon, or otherwise use or exploit the Content. You may download one copy
of portions of the Content in temporary storage on one personal computer for
your personal, non-commercial, non-political, non-networked viewing and use
only, provided you do not delete or change any copyright, trademark, or other
proprietary notices. The foregoing limited right does not give you any
ownership of any Content. Except as expressly provided above, nothing contained
in this User Agreement may be construed as conferring to you (by implication,
estoppel, or otherwise) any license or right to any Content under any copyright
or any other intellectual property right.
Allwena respects the intellectual property rights of others. If you believe
that your work has been infringed by means of an improper posting or
distribution of it via this Website, then please see the paragraph below
entitled Procedure for Alleging Copyright Infringement.
TRADEMARKS
The trademarks, logos, and service marks displayed on this Website are owned by
Allwena and third parties, and this Website’s trade dress is owned by Allwena
(collectively, the “Trademarks”, which also constitute Content). All Trademarks
not owned by Allwena are the property of their respective owners, and are used
with permission. Nothing contained on this Website may be construed as
granting, by implication, estoppel, or otherwise, any right or license to use
any Trademark.
YOUR COMMUNICATIONS TO ALLWENA
Allwena likes to hear from you. However, in your communications with Allwena,
please keep in mind that, unless it specifically requests them, Allwena does
not accept or consider any ideas or suggestions relating to products, services,
marketing plans, or any other matters. Therefore, please do not send to Allwena
any unsolicited materials, such as ideas for new products, or any other
suggestions, ideas, notes, drawings, inventions, techniques, models, designs,
concepts, or other similar information or materials.
Any such submissions and any questions, comments, answers, suggestions, or
the like submitted by you to Allwena via this Website or by fax, mail, or
otherwise, or transmitted, posted, or uploaded by you to this Website
(collectively, “Your Submissions”) will be treated as non-confidential and
nonproprietary, and Allwena will not assume any responsibility, obligation, or
liability for them or for Allwena’s receipt or non-receipt of them. Allwena’s
receipt of Your Submissions is not an admission by Allwena of their novelty,
priority, or originality, and it does not impair Allwena’s right to contest
existing or future intellectual property rights relating to Your Submissions.
You grant Allwena a non-exclusive, royalty-free, perpetual, irrevocable, and
sublicensable right and license to reproduce, distribute, publish, transmit,
modify, adapt, translate, display, distribute, sell, license, publicly perform,
prepare derivative works based upon, and otherwise use or exploit Your
Submissions throughout the world in any and all media. You represent and
warrant that: (a) you have the right and authorization to make the foregoing
grant without the consent of any third party, and (b) Your Submissions are
accurate and, as permitted to be used by Allwena in this User Agreement, do not
and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and
you consent to receive communications from us electronically. Furthermore, you
agree that all agreements, notices, disclosures, and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
ONLINE SHOPPPING
This Website and other Allwena websites may offer online capabilities to
purchase products (such as Publishing Systems, consumables, …) and services
(such as memberships). You must be 18 years of age or older to make any such
purchases. Check our online stores for more information on delivery, returns,
and other sales policies. As to products and services featured on this Website,
please note that we make every effort to display as accurately as possible the
products and services that appear on this Website. However, the colors,
dimensions, and details that you see on your computer monitor will vary
depending on your equipment, so we cannot guarantee that your equipment will
accurately display the details of our products and services. As to services
featured on this Website, the terms of those service offerings may be specified
in a separate agreement that will be provided to you in connection with the
service purchased and will be supplemented by this User Agreement.
A. No Purchases by Minors
By ordering a product or service online from Allwena, you represent that you
are 18 years of age or older. If a child under the age of 18 orders a product
or service from Allwena without parental or guardian permission, then the
parent or guardian may return the product or service for a refund according to
the posted returns and exchanges policy that relate to that order.
B. Taxes
You are responsible for paying all sales, use, and other similar taxes relating
to any of your online purchases of products or services from Allwena.
C. Postage and Handling; Insurance
You are also responsible for paying all postage and handling charges relating
to your online purchases (including any product offered with a service), and
for insuring your purchases.
D. Returns and Warranties
Please review the information available at our online stores regarding our
return policies and warranty information.
USE RESTRICTIONS
You agree that you will not: (a) use this Website for any commercial or
political purpose (including, without limitation, for purposes of advertising,
soliciting funds, collecting product prices, or selling products); (b) monitor,
gather, or copy Content on this Website by using any robot, “bot”, spider,
crawler, spyware, engine, device, software, extraction tool, or any other
automatic device, utility, or manual process of any kind; (c) frame or utilize
framing techniques to enclose any Trademark or other proprietary information
(including, without limitation, any images, text, or page layout); (d) use any
meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in
any activities through or in connection with this Website that seek to attempt
to harm minors or are unlawful, offensive, obscene, threatening, harassing, or
abusive, or that violate any right of any third party; or (f) engage in any
activity that interferes with a user’s access to this Website or the proper
operation of this Website. You also agree that, in using this Website, you will
not impersonate any person or entity.
COMMUNITY AREAS ; CODE OF CONDUCT
Allwena may elect to offer community features on this Website, such as message
or bulletin boards, forums, and chat rooms. In such events, Allwena will not
assume any obligation to monitor, filter, censor, edit, or regulate information
or content provided by you or third parties on this Website, although Allwena
reserves the right to do so in its sole discretion. Allwena does not endorse,
warrant the accuracy or reliability of, or assume any liability in connection with
any such information or content provided by users or other third parties.
As to any information or content that you upload or post to this Website,
you represent and warrant to Allwena that you have the right and authorization
to do so without the consent of any third party. You also agree not to upload
or post to this Website: (a) infringing, defamatory, obscene, pornographic,
threatening, abusive, violent, illegal, rude, harassing, or otherwise improper
content, (b) viruses or other harmful items, or (c) content with a commercial
purpose (such as offers to sell products or services or attempts to solicit
funds or advertise products or services).
Allwena reserves the right, in its sole discretion, to adopt additional
rules in any community area and to condition access to any such community
features by any individual or group in accordance with age, geographic, or
other criteria, to deny or restrict access by any individual or group who fails
to meet that criteria or by anyone who fails to comply with our criteria or
rules at any time, and to change or modify the criteria or rules at any time. Allwena
also reserves the right (but does not assume any obligation), in its sole
discretion, to delete any postings on this Website that violate this User
Agreement and to deny access by any user to this Website.
INVESTIGATIONS ; COOPERATION WITHLAW ENFORCEMENT ; TERMINATION
Allwena reserves the right, without any limitation whatsoever, to: (a)
investigate any suspected breaches of its Website security or its information
technology or other systems or networks, (b) investigate any suspected breaches
of this User Agreement, (c) involve and cooperate with law enforcement
authorities in investigating any such matters, (d) prosecute violators of this
User Agreement to the full extent of the law, and (e) discontinue this Website
or terminate your access to it at any time, without notice, for any reason and
without any obligation to you whatsoever.
PRIVACY AND SECURITY MEASURES
Allwena must collect certain information in order to operate this Website and
to fulfill your requests or enable participation in certain online activities.
But Allwena respects the privacy of its visitors.
We have adopted reasonable security measures to protect against the loss,
misuse, and alteration of the personal information under our control. We use
Secure Sockets Layer technology to protect credit card data during
transmission, and we never have a direct access to the Credit Card information
of our customers. Vendors, service providers, and others who help us make this
Website and our products and services available must sign confidentiality
agreements; they are not permitted to use personal information except in
connection with their services to Allwena. Nevertheless, we cannot guarantee
complete security of personal information.
DISCLAIMER AND LIMITATIONS OF LIABILITY
This Website may include technical inaccuracies or other errors, and your use
and browsing of this Website is at your own risk. THIS WEBSITE IS PROVIDED TO
YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALLWENA
DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A
PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE
MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE
ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN ALLWENA WILL NOT
BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING
SENTENCES, ALLWENA WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS
WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A
MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that
some juridictions may not allow the exclusion of implied warranties, so some of
the above exclusions may not apply to you.
Residents of California are entitled to the following specific consumer
rights information: you may contact the Complaint Assistance Unit of the
Division of Consumer Services of the Department of Consumer Affairs by mail at
400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at
916.445.1254. California residents expressly agree to waive California Civil
Code Sec. 1542, which states: “A general release does not extend the claims
which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected his
settlement with the debtor.”
LINKS BY YOU TO THIS SITE
You are granted a limited, non-exclusive, revocable right to create hyperlinks
to
this Website, so long as: (a) the links are only to the home page of this
Website, (b) the links only incorporate text, and do not use any Trademark
graphics, (c) the links and related content on your site do not suggest any
affiliation with Allwena or cause confusion among consumers, (d) the links and
related content on your site do not portray Allwena or its products or services
in a false, misleading, derogatory, or otherwise offensive matter, and (e) the
links and related content on your site are not operated for any commercial
purposes.
LINKS ON THIS WEBSITE TO AND FROM OTHER SITES
This Website may contain links to or from third-party sites (“Linked Sites”),
including, without limitation, sites operated by advertisers, licensors,
licensees, and promotional and business partners of Allwena. Allwena has no
control over the content of Linked Sites, and Allwena does not assume any
obligation to review any Linked Sites. Allwena does not endorse, approve, or
sponsor any Linked Sites, or any content, advertising, information, materials,
products, services, or other items on or available on or from them, and Allwena
disclaims all liability in connection therewith. Any activities you engage in
connection with a Linked Site is subject to the privacy policy, conditions of
use, and other terms imposed by the operator of the Linked Site and Allwena
disclaims all liability in connection therewith.
BANNERS, ADVERTISEMENTS AND PROMOTIONS
We reserve the right to post banners, advertisements, promotions, and similar
content throughout this Website. Any interactions, correspondence, and business
dealings that you have with any advertisers and other third parties found on or
through this Website (including via Linked Sites) are solely between you and
the third party (including, without limitation, issues related to the content
of third party advertisements, payments, delivery of goods, warranties, and the
like). Allwena disclaims all liability in connection with therewith.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGMENT
Allwena will respond appropriately to notices of alleged copyright infringement
that comply with the French intellectual properties’laws, as set forth below.
If you own copyrights in a work and believe that your intellectual property
rights in that work have been infringed by an improper posting or distribution
of it via this Website, then send us a written notice that includes all of the
following:
(i) a legend or subject line that says: “Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) the URL of the site and a description of where the material that you
claim is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged
infringing material is not authorized by the copyright owner, its agent, or the
law;
(vi) a statement by you, made under penalty of perjury, that all the
information in your notice is accurate, and that you are the copyright owner
(or, if you are not the copyright owner, then your statement must indicate that
you are authorized to act on the behalf of the owner of an exclusive right that
is allegedly infringed); and,
(vii) your electronic or physical signature.
Allwena will only receive notices by mail :
Allwena - Mexty Productions
41/43 rue de Cronstadt
75015 Paris - France
Attention: Legal and Business Affairs
Allwena may elect to not respond to notices that do not comply with all of
the foregoing requirements, and Allwena may elect to remove allegedly
infringing material that comes to its attention via notices that do not comply
with the intellectual property laws.
GENERAL PROVISIONS
A. Indemnity
You agree to indemnify, defend, and hold harmless Allwena (which includes Allwena’s
affiliates and subsidiaries) and its officers, employees, agents, business
partners, licensors, and licensees from any damages, liabilities, costs, and
expenses (including reasonable attorneys’ fees) on account of any claim, suit,
action, demand, or proceeding made or brought against any such party, or on
account of the investigation, defense, or settlement thereof, arising in
connection with your use of this Website.
B. Revisions to this Website and this User Agreement
Allwena may, in its sole discretion, make changes to any aspect of this
Website, including, without limitation, any Content, any activities available
on this Website, and any products or services offered through this Website. Allwena
may also, in its sole discretion, revise this User Agreement by updating or
revising this document, with the revised terms taking effect as of the date of
its posting. Continued use of this Website following the effective date of any
such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
Allwena controls and operates this Website from its headquarters in Paris, France,
in Europe, and Allwena makes no representation that this Website is appropriate
or available for use beyond France. If you use this Website from other
locations, you are responsible for compliance with applicable local laws.
Although Allwena products and services are available in many parts of the
world, this Website may describe products and services that are available only
in France (or only parts of it) and are not available worldwide.
D. Jurisdiction, Venue, and Alternative Dispute Resolution
Any action or proceeding by Allwena relating to your access to, or use of, this
Website or any Content in accordance with this paragraph will be instituted in
state court in Paris, France. Accordingly, you consent to the personal
jurisdiction of the courts in Paris , France with respect to all matters
relating to your access to or use of this Website and the Content and waive
your rights to removal or consent to removal. This User Agreement will be
governed by and construed in accordance with the laws of France, without regard
to its conflicts of law provisions. The foregoing provisions of this paragraph
will not apply to any legal action taken by Allwena to recover damages for, or
seek an injunction in connection with, any loss, cost, or damage (or any
potential loss, cost, or damage) relating to this Website, any Content, Allwena’s
operations, and/or Allwena’s products or services caused by your act or failure
to act.
E. Severability
If any provision of this User Agreement is deemed unlawful, void, or
unenforceable for any reason, then that provision will be deemed severable from
the remainder of this User Agreement and will not affect the validity or
enforceability of the remainder of this User Agreement.