PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE. BY USING THE SITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS.
You can also print the Terms by clicking on the hyperlink hereinafter: PRINT.
Person responsible for publication:
Francesca TRALDI, Façonnable International SAS - 9, Avenue Albert II, MC - 98000 Monaco
Graziano Mazzucco - BbyD - RCI n° 10 P 07688 - 7/9 Boulevard d'Italie, MC - 98000 Monaco
Our contact details are the following:
Façonnable International Société Anonyme Monégasque, Monegasque company, with a share capital of 150.000 Euros registered under the number 08S04869 RCI, and whose registered office is located at "Le Copori", 9, Avenue Albert II, MC - 98000 Monaco, NIF 2300 0080 837, phone number : +377 99 99 70 90
By using the Site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms. In any case, you warrant that you are at least 13 years old, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site; and
- You are using the Site for personal and non-commercial purposes.
Reservation of Right to Modify These Terms
Façonnable reserves the right to modify the Site and the Terms at any time, in particular to reflect changes in market conditions affecting our activities, changes in technology, changes in relevant laws and regulatory requirements and changes in Façonnable system's capabilities. Subject to article 16.1 below, in the event that Façonnable modifies the Terms, Façonnable's revised Terms shall be effective immediately upon the posting on the Site of such revised Terms. Your continued use of the Site following the posting of any revised Terms shall be deemed to conclusively indicate your acceptance of such revised Terms. Accordingly, you should - and undertake to - periodically re-review these Terms.
Usage Restrictions & Limited License
This Site contains or uses certain contents and material, including written materials, third party information, software, source and/or object code, data, images, video, music, sounds, trademarks, text, graphics, logos, button icons, audio clips, digital downloads, data compilations, patents (collectively "Content"), which is derived in whole or in part from material supplied by Façonnable and other sources or is the property of Façonnable or its content suppliers, and may be protected by the applicable national and international copyright and intellectual property laws and other laws, rules and regulations. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content without Façonnable's prior written permission.
Façonnable does not permit the use of its trademarks, intellectual property rights, names or its products names in advertising, as an endorsement for any product or service or for any other commercial purpose without express prior written permission. Similarly, Content may not be used without express prior written permission.
You may not remove any copyright, trademark or other intellectual property or proprietary notice contained on the Site or any of the Content.
You may use the Site and the Content offered on the Site only for personal, non-commercial purposes and in accordance with the Terms. You may use Content offered for downloading (if any) for personal and non-commercial use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining software, robots, spiders, web-crawlers, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without Façonnable prior written consent.You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Acceptable use of the Site
You may use the Site for lawful purposes only. You may not submit or transmit through the Site any material of any kind, or otherwise engage in any conduct that:
- violates or infringes the rights of Façonnable or any third party including, without limitation, the patent, trademark, trade secret, copyright, publicity/privacy or any other intellectual property or proprietary rights of any third party;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts, of sexual acts or is obscene/pornographic;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Façonnable and its employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms or any other guidelines or policies posted on the Site;
- could damage, disable, overburden, or impair Façonnable's or Rackspace ®'s servers or networks, or interfere with the operation, or any other party's use and enjoyment, of the Site.
You may not attempt to gain unauthorized access to the Site or any services, user accounts, computer systems or networks, through hacking, password mining or any other unauthorized means and you may not reverse engineer, decompile or disassemble the Site or any Content.
You may not use the Site or any communication tools made available to you through the Site to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about Façonnable's users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
Applicable laws, rules or regulations may require that some of the information or communications Façonnable send to you should be in writing. When using the Site, you accept that communication with Façonnable will be mainly electronic. Façonnable will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Façonnable provides to you electronically comply with any legal requirement that such communications be in writing.
Information available on the Site
Façonnable does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented on the Site are their own and are not to be attributed to Façonnable. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your User Account
In the event that you create an account or profile through the Site and are provided with user identification names, numbers or codes and/or passwords ("Access Credentials") in connection with your use of this Site, you agree to keep your Access Credentials strictly confidential and not share them with anyone else. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one else uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify Façonnable if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. Façonnable may terminate your access to, and use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.
Content Posted on the Site by Third Party Content & Advertising Partners
Some of the Content posted on the Site is posted by third party content and advertising partners ("Third Party Content") with whom Façonnable has relationships ("Content Providers"). You hereby acknowledge that (i) Façonnable is not responsible, and disclaims any and all liability for, any aspect of such Third Party Content, (ii) the Content Provider posting such Third Party Content on the Site is solely and exclusively responsible for such Third Party Content, (iii) Façonnable makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality or decency of such Third Party Content, and (iv) Façonnable cannot and does not guarantee that Third Party Content complies with these Terms.
Disclaimer of Warranties
THE CONTENT AVAILABLE ON THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAÇONNABLE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FAÇONNABLE DOES NOT WARRANT THAT THE SITE, THE CONTENT OR ANY SITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES WORMS, TROJAN HORSES, OTHER DESTRUCTIVE MATERIAL OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE DISCOVERED AND/OR CORRECTED.
FAÇONNABLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT FAÇONNABLE) ASSUME THE ENTIRE COST OF ALL NECESSARY FOR YOU TO ACCESS AND USE THE SITE.
FAÇONNABLE'S LIABILITY RESULTING FROM THE CONTRACT AND YOUR USE OF THE SITE IS EXPRESSLY EXCLUDED IN THE FOLLOWING CASES:
- FOR FRAUD OR FRAUDULENT MISREPRESENTATION BY YOU; OR
- FOR ANY DELIBERATE BREACHES OF THE TERMS BY YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FAÇONNABLE, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FAÇONNABLE IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.
IN PARTICULAR, FAÇONNABLE IS NOT RESPONSIBLE FOR INDIRECT LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, REVENUE, PROFITS, OR BUSINESS.
Events outside Façonnable control
Façonnable will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Terms of any applicable laws, rules or regulations that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
Façonnable's performance under the Terms of any applicable laws, rules or regulations is deemed to be suspended for the period that the Force Majeure Event continues, and Façonnable will have an extension of time for performance for the duration of that period.
You agree to defend, indemnify, and hold harmless Façonnable and its owners, principals, affiliates, subsidiaries licensors and licensees and their directors, officers, employees, contractors and representatives from any and all liabilities, claims, judgments and expenses, including attorney's and expert's fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third party right, including without limitation any third party's patent, trademark, trade secret, copyright, publicity/privacy or other intellectual property or proprietary rights of any third party; and/or (iv) any use or misuse of your Access Credentials.
Façonnable will give you notice in the event of an indemnifiable event. Façonnable reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Façonnable in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms and your right to use the Site.
Applicable Terms & Termination
These Terms are, as between you and Façonnable, effective from the first time you use the Site. Amended Terms concerning the use of the Site in accordance with article 3 above will apply upon the posting on the Site of such revised Terms.
In terms of non-compliance by you of any of provisions of the Terms or applicable laws, rules or regulations applicable to your use of the Site, you agree that Façonnable may at any time, with or without notice, terminate your Façonnable account, or access to the Site.
Termination of your Façonnable account may include (1) removal of access to all Façonnable services, (2) deletion of your password, related information, Access Credentials, files and content associated with your account, and (3) prohibiting further use of the Site.
You are entitled to terminate your Façonnable account at any time, provided that you agree that Façonnable may be under the obligations to maintain and store during a certain period after your termination your Façonnable account information, such as your password, related information, Access Credentials, files and content associated with your account for legal, tax, administrative or other reasons imposed to Façonnable by applicable laws, rules or regulations.
Any restrictions with respect to any Content of - or downloaded from - the Site, the disclaimers and limitations of liabilities, and indemnification obligations, shall survive the termination of these Terms.
These Terms shall be governed by and construed in accordance with the law of Monaco. Any applicability of the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. The language of these Terms is English. In the event of a dispute, the Monegasque courts shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Façonnable's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Façonnable with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Façonnable with respect to subject-matter hereof.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Façonnable without restriction, provided that such transfer or assignment of the rights and obligations under the Terms of Façonnable towards you will remain unchanged.