Terms of use
Introduction
This agreement sets out the general terms and conditions under which parisbynet.comt proposes Internet users with a service for writing and sending e-cards via the Internet and Internet users will use the service. Simple use of this service will signify full acceptance of the present general terms and conditions of use. By virtue of the presents, the user hereby expressly acknowledges that under no circumstances shall the supplier incur liability as a result of access to the Internet network. If he doesn't agree with them, then he is not allowed to use the services proposed.
Limited Liability and Warranty
THE USER ACCESS TO AND USE OF OUR WEBSITE IS AT HIS SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE." THE WEBSITE IS FOR HIS PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. Paris by Net doesn't give any warranty to the users about sending and receiving correctly an e-card from the website at any time (immediate sending or sending ecard on a later day). The user uses the e-card service proposed by Paris by Net at his sole risk, according to the terms of the present agreement. In no event will Paris by Net be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information, even if has been advised of the possibility of such damages. The user will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements. Paris by Net may, in its sole discretion and at any time, without notice to you, add to, amend or remove any Information from the Website, or alter the presentation, substance, or functionality of the Website. We may amend the Terms of Use from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following such amendments to the Terms of Use, the user agree to be bound by such amendments.
Intellectual Property Rights
All intellectual property rights subsisting in respect of the website belong to Paris by Net including all rights about all the photos, pictures, or any element of the website. All rights under applicable laws are hereby reserved. Except with the express permission of Paris by Net you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.
Third Party Information, links to other websites
The Information may contain information provided by third party providers from other references or sources. The information on the website may not be regarded as any recommendation or endorsement by Paris by Net, for any purpose with respect to any person, product or service. Paris by Net has no responsibility for the accuracy or availability of any information provided by linked websites. Links to other websites do not constitute an endorsement by Paris by Net of such websites or the Information, products, advertising or other materials available on those websites.
User's Conduct
The user of the Website, you must not: trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas; restrict or inhibit any other user from using and enjoying the Website; post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding; post or transmit any Information or software which contains any virus, trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Website for commercial purposes; or upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or rightholder. The user has no rights in or to the Information available on the Website and he will not use the Information available on the Website in any manner or for any purpose, except as permitted under these Terms of Use.
Paris by Net complies with French and European law regarding the protection of privacy and has declared its policy in terms of the processing of personal data, to the CNIL (French National Commission for Information Technology and Civil Liberties). Paris by Net collects no personal data without your knowledge, particularly during your navigation of the site. You may access, modify, correct and delete the information you have given to us. In that purpose, send us an email to the following address legal@parisbynet.com specifying your full name and your email address.
Miscellaneous
The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision. No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.
Governing Law and Jurisdiction
The present agreement shall be subject to French law. In the event of a dispute as to its interpretation or to the execution of any of its provisions and failing an amicable agreement between the parties, the courts of Paris - France shall have sole jurisdiction to rule on the nature of the dispute.