WEB SITE TERMS OF SERVICE AND SOFTWARE USE AGREEMENT
THESE WEB SITE TERMS OF SERVICE AND SOFTWARE USE AGREEMENT (COLLECTIVELY, THIS "AGREEMENT") SETS FORTH THE TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE SOFTWARE (THE "SOFTWARE") PRODUCED BY LOUIS VUITTON MALLETIER AND DISTRIBUTED BY LOUIS VUITTON EDITEUR (COLLECTIVELY REFERRED TO AS THE "COMPANY") AND THE WEB SITE CURRENTLY LOCATED AT WWW.LOUISVUITTONAMBLE.COM (THE "SITE"), AND RELATED SERVICES THAT MAY BE PROVIDED BY COMPANY. THE SOFTWARE, SITE, AND SUCH RELATED SERVICES ARE REFERRED TO AS THE "SERVICE").
PLEASE READ THIS AGREEMENT CAREFULLY. YOU MAY NOT USE ANY PART OF THE SERVICE UNLESS YOU AGREE TO THE TERMS OF THIS AGREEMENT. YOUR USE OF THE SERVICE WILL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT
- Authorized Users.
The Software may only be installed or used by (a) the owner of the device on which the Software is installed (the "Authorized Device"), and (b) any persons authorized by the owner of the Authorized Device to use the Authorized Device and to install the Software in accordance with the terms of this Agreement, provided that the individuals referred to in (a) and (b) above have read this Agreement and agree to abide by it (collectively, the "Authorized Users," and each an "Authorized User"). Any references to the pronouns "you" and "your" anywhere in this Agreement are intended to refer to any one or to all of the Authorized Users of the Software. You represent and warrant that you are of legal age to form a binding contract
- Ownership; Limited License Grant.
As between you and Company, the following are and shall remain the sole property of Company: (a) all right, title and interest in and to the Service, including, without limitation, the Software and the Site; (b) all Content (as defined below); and (c) any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets and other rights) in and to any of the foregoing. Company grants you a limited, nonexclusive, nontransferable, royalty-free license to download and install the Software and to access and use the Service solely for your personal, non-commercial use and subject to the terms and conditions of this Agreement. You may not assign, sublicense or otherwise convey or transfer the rights granted to you under this Agreement to any other person, organization, or entity. Any rights not expressly granted to you hereunder are reserved by Company. The limited rights granted to you to download and install the Software and to access and use the Service comprise a limited license and do not constitute the sale of a software program.
- Use Restrictions.
You may not do any of the following with or to the Service or any part thereof: (a) decompile, reverse engineer, or disassemble it, (b) tamper or interfere with its functionality, delivery or operation, (c) assign, sublicense, pledge, lease, sell, rent, transfer, resell, or distribute it, (d) duplicate, reproduce, copy, modify, or otherwise create derivative works of it, (e) alter or remove any identification of any copyright, trademark, or other proprietary rights notice which indicates Company’s ownership of the Service, or (f) export or re-export the Software, directly or indirectly in violation any applicable law, rule or regulation of any jurisdiction (including the United States Export Administration Act and any regulations promulgated thereunder). You shall abide by all applicable local, state, national and international laws and regulations in connection with your use of the Service.
- Rules and Conduct.
You are responsible for your use of the Services, and for any use of the Services made using your account. The Company’s goal is to create a positive and safe community experience. To promote this goal, the Company prohibits certain kinds of conduct that may be harmful to other consumers, businesses or to the Company. When you use the Service, you may not:
- violate or infringe other people's intellectual property, privacy, publicity, or other legal rights of someone else;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising, promotional or commercial communications, such as spam or conduct commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, promotional offers or pyramid schemes;
- transmit any malicious or unsolicited software;
- stalk, harass, or harm another individual;
- impersonate or misrepresent your affiliation with someone else;
- share with any third-party your username, password, or any access control information used to gain access to or use the Service;
- use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site;
- use automated methods to use the Service in a manner that sends more requests to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
- interfere with or disrupt the Services; or
- collect or harvest any personally identifiable information from the Service.
Other than User Submissions (as defined below), Company owns or licenses the content on the Service, including software, text, visual and audio content (referred to together as "Content") and trademarks, logos, and brand elements on the Service (referred to as "Marks"). The Content and Marks are protected under U.S. and international laws.
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and screen name (“User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Company account. You shall not (a) select or use as a User ID a name of another person with the intent to impersonate that person; (b) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
The Service may provide you with the ability to create, post, or share content using the Service ("User Submissions"), such as posting, creating or recording an "Amble" on the Service and posting comments, videos, photos and other content. You acknowledges that only content drafted in English language may be shared through the Service. You own your User Submissions. In consideration for the use of the Service, you grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and Company’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels (including, without limitation, in the press whether on paper or online, on CD rom, on the internet or intranet, including third-party Web sites). You promise that (a) you own all rights to your User Submissions or, alternatively, that you have the right to give Company the rights described above; (b) you have paid and will pay in full any fees or other payments that may be related to the use of your User Submission; and (c) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party and you have obtained the consent of any individual featured in your User Submission. Company does not endorse and has no control over any User Submission. Company has the right but no obligation to monitor the Service or any User Submissions. We may refuse to accept or transmit User Content. We may remove or block any User Submissions from the Service for non compliance with this Agreement, violation of third parties rights or for any other technical reason.
You will provide Company with personal information, in order for Company to render you the Service, to better understand your expectations, and to provide information on Louis Vuitton products or services if you have opted for receiving such information. The data collected will only be disclosed to Company and companies within the Louis Vuitton Group for the foregoing purposes.
You are entitled to request access to your personal information as well as their modification or deletion . You may also oppose, at no cost, to further use of your data by Company, in which case you will no longer be able to use the Service nor receive details on Louis Vuitton products or services.
You may exercise the abovementioned rights by sending mail at : firstname.lastname@example.org.
Cookies may be stored on your device’s hard drive at the time of your connection to the Service. Cookies are small data text files that are used by devices to simulate a continuous connection to the Service and enhance your browsing experience. You may set your browser to disable cookies. To find out how to block or disable a cookie, please go to the “help” section of your internet browser
Security measures have been employed to ensure security and confidentiality of your data. However, you acknowledge that Company does not control the transfer of data over telecommunication facilities including the Internet. Therefore, Company warns you against any potential risk involved by the use of the Internet in this respect.
Through your use of the Service, you may receive Content or services provided through, or in connection with the Service, by individuals or entities other than Company, including, without limitation, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other materials or services (collectively, the "Other Content or Services"). You understand and agree that you will not obtain, as a result of your use of the Software, any right, title or interest in or to such Other Content or Services delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in and to such Other Content or Services. You understand and agree that such Other Content or Services shall be the responsibility of the entity that originated, provided, delivered, offered, sold, supplied, promoted, sponsored or advertised such Other Content or Service, and shall not be the responsibility of Company. You agree that you will evaluate and bear all risks associated with the viewing or use of any such Other Content or Services, including any reliance on the accuracy or completeness of such Other Content or Services. Company expressly disclaims, to the maximum extent permitted by law, any liability for any such Other Content or Services, including, but not limited to, for any errors or omissions in any such Other Content or Services, or for loss or damage or injury of any kind incurred as a result of the use of any such Other Content or Services posted, transmitted, advertised or otherwise made available to you through or in connection with the Service.
The Service may enable you to interact with or access other Web sites operated not by the Company, but by third parties, including both affiliated and unaffiliated third parties. When you access such third-party Web sites, you do so at your own risk. These third- party Web sites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness, information practices or any other aspect of such Web sites. Your use of such third-party Web sites, and the collection and use of information in connection with such use, is governed by the terms and conditions and privacy policies of their respective third-party Web site operators. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, good or services available on or through any such third-party Web site.
Updates, enhancements and upgrades to the Software may be made available to you automatically. Company shall have the right at any time to disable, modify, or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. Without limiting the foregoing, Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
YOU SPECIFICALLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION OR USE OF THE SOFTWARE, OR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OR LIABILITY RESULTING OR ARISING FROM OR IN CONNECTION WITH: (a) SOFTWARE CONFLICTS RELATED TO THE SOFTWARE; (b) DATA NON-DELIVERY, DATA MIS-DELIVERY OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OF DATA; (c) YOUR INFRINGEMENT OF A THIRD-PARTY’S RIGHT; (d) DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, THE SOFTWARE OR CONTENT; (e) YOUR OWN USE OR MISUSE OF YOUR PERSONAL DEVICE OR THE SOFTWARE APPLICATIONS CONTAINED ON YOUR PERSONAL DEVICE; OR (f) THE UNAVAILABILITY OF THE SITE OR SERVICE. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM IS TO STOP USING THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER COMPANY WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
You hereby agree to release, indemnify, defend and hold harmless Company, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising from your use, installation or download of the Software, your use of the Service, your User Submissions, or your breach of this Agreement. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
This Agreement shall be governed exclusively by, and construed in accordance with laws of France without reference to any conflict of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate court in Paris (France) and you hereby expressly consent to personal jurisdiction in such courts and waive all venue, jurisdiction and choice of law challenges or defenses. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, without limitation, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. You may not assign any rights or obligations under this Agreement. This Agreement will be binding upon and will inure to the benefit of Company and its successors and assigns. This Agreement, together with any rules, policies, or additional terms associated with the Service, constitutes the entire understanding and agreement of the parties respecting the subject matter of this Agreement.
From time to time, Company may change this Agreement. If Company changes this Agreement, Company will inform you by posting the revised Agreement on the Site. Those changes will go into effect on the Revision Date shown in the revised Agreement. By continuing to use our Site or Services, you agree to the revised Agreement.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT (a) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (b) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND (c) YOUR OBLIGATIONS UNDER THIS AGREEMENT ARE BINDING AND ENFORCEABLE.