Terms of Use

1- Legal Information

The web site www.blackxslivesound.com (hereinafter the « Site ») is developed by PACO RABANNE PARFUMS (hereinafter the “Company”), a French company with a capital of 2.012.472 Euros, registered with the Trade Register of Nanterre under N°682 030 507, with registered office at 6 boulevard du Parc – 92200 Neuilly sur Seine (France).

Phone number: +33 (0)1 40 88 45 45. Facsimile number: +33 (0)1 40 88 45 67. contact@blackxslivesound.com

VAT identification number: FR 14 682 030 507

SIREN identification number: 682 030 507.

The Managing Editor is François-Xavier Billaud.

The Site is hosted by the company SIMPLEREZO, registered with the Trade Register of Paris under number 488 644 931, with registered office at 12 rue Chabanais- 75002 Paris (France). Phone number: +33 (0)1 76 71 05 50. Facsimile number: +33 821 187 775

contact@simplerezo.com.

2- Conditions of use of the Site and subscription

The use of the Site, as well as its contents, are governed by the present General Terms and Conditions of Use (hereinafter the “Terms”) set forth hereunder. By accessing or using the Site, you acknowledge that you have agreed to the Terms without limitation.

The Company reserves the right to revise and update the Terms at any time in its sole discretion.

The Company used reasonable efforts to ensure that the information available on the Site is accurate, complete and up-to-date. However, the Company makes no warranties or representations of any kind as to its accuracy, currency and completeness.

The Site allow members to access, share, listen to and comment video, music and photo content of the Site, to upload internet links on the Site and to participate to contest games organized on the Site by the Company.

By subscribing on the Site www.blackxslivesound.com, you accept the present Terms and undertake to comply with them.

The subscription on the Site is not allowed to minors. The Company reserves the right to ask at any time, to any member, to justify its age of majority and is entitled to delete the member’s account in case the member is minor or cannot justify of his majority.

Only one membership is allowed per person (same name, surname and address).

To access to your account, you must logging and enter your password. You are solely responsible for your account password and must keep it secure.

The Company reserves the right to delete any member’s account with a prior reasonable notice by simple information given by email. In case a member does not comply with the Terms, the access to its account may be immediately and without any prior notice, temporarily or definitively suspended, without any prejudice of other rights the Company may refer to.

3 – Intellectual Property Rights

You may upload comments and internet links on the Site (hereinafter the “Content”)

You undertake not to upload on the Site Content which may infringe laws or a third party’s rights (such as copyright law, image rights or respect of private life).

In this regard, you warrant that you own or have the necessary licenses, rights, consents and permissions related to the Content and to any element upload on the Site and that you get the permission from people represented in the Content, to upload and publish of the Content on the Site and to grant to the Site all of the rights granted herein.

If it is not the case, the uploaded Content will be removed by the Company and/or your member account will be deleted without notice. Moreover you are personally liable for penalty related to the contentious Content (including jail punishment and fine) and possible payment of damages.

You hereby authorize the Company to use, reproduce, represent and publish on the Site, in the whole world, your upload Content. This authorization is valid until the Content is removed from the Site or until your account is deleted.

You also authorize any users or other members of the Site to access and read to your Content.

The Site and any and all components of the Site (except the members’ Content) including but not limited to texts, information, images, icons, photographs, illustrations, multimedia (graphic, audio and video), charts, reports, software, HTML code and any other material are the sole property of the Company, who is the only one entitled to use the intellectual property rights and related personality rights, including but not limited to, trademarks, logos, domain names, patent designs, copyrights and image rights, as inherent to ownership rights or as a result of an express authorization. Any reproduction or public display or alteration, adaptation, diffusion, distribution, publication, exhibition and communication, in whole or in part, of the Site or of any of its components is prohibited.

4 – Liability of Company PACO RABANNE PARFUMS

The web pages of the Site at the URL www.blackxslivesound.com host the Content uploaded by the members and in this regard, the Company is not legally liable to check whether the members’ Content is licit or not.

However, if you found out an infringement of your copyrights or the non respect of the Terms, please send an email to contact@blackxslivesound.com

In such case, the Company undertakes to examine the Content as soon as possible, and to remove it in case it would infringe the law, a member or third party rights or the present Terms.

Under no circumstances the Company shall be held liable for any damage, direct or indirect, regardless of the nature thereof, arising out of the use of the Site. The Company also denies all responsibility as a result of interferences, omissions, interruptions, disconnections or any other problems of functionality of the Site.

Considering the nature of the Internet, the transferred data including the Content are not protected against the possibility to be misappropriated and/or against hacking, for which the Company is not liable.

The members shall take all necessary measures to protect and save their data.

The Company is not liable for the technical dysfunctions or any other problem related to the network, the computing systems, servers or suppliers, computer equipment, software, which are consecutive to technical problems or obstruction of traffic on the Internet; the Company shall not be liable for any damage on the computer, material or software of the member or of any third party, arising out of the use of the Site.

5- Liability of the Member

You recognize and accept that you are solely liable for the Content you upload on the Site and the consequences of posting or publishing it.

You assume responsibility of the use of the Site and undertake to use the Site, its contents and its services according to good practices applicable to Internet use, and particularly undertakes not to use it for: (a) committing activities that are illicit, illegal or contrary to public order; (b) spreading content and/or propaganda that is racist, xenophobic, pornographic or is against human rights; (c) causing damages to the physical or logical systems of the Company, of their providers or third parties, introducing or spreading viruses; (d) trying to access and, if that is the case, using other users’ e-mail accounts and modifying or manipulating their messages or their Content.

You undertake to hold the Company harmless against any claims arising from his use of the Site.

The Company will not be responsible for the Content, including the opinions expressed by the members of the Site and reserves the right to remove, at any moment by its sole decision and without any prior notice, any Content or any member’s account in case of non respect of the Terms or in case the Content is not licit or could infringe third parties’ rights.

6- Personal Information

Under certain circumstances, you may be required to provide the Company with some information of a personal nature.

Two types of information are collected:

1/ Personal information that can identify you (e.g: full name, address, email etc…)

These information are collected using surveys, questionnaires, registration forms and game forms (hereinafter the “Forms”).

The information provided on the Forms is compulsory. They are computer process automated and are intended to the Company and its partners. In accordance with the “Loi Informatique et Libertés” of January 6th, 1978, you are entitled to have access, to rectify or delete these personal information. You may exercise this right of access by sending an email to contact@blackxslivesound.com

2/ Non-personal information (e.g. country, connection times, browsing on Site etc…) that are used to know how you accessed and used the Site, as well as technical information (e.g. type of internet browser, internet access supplier, pages visited, etc…).

These non-personal information do not enable the Company to identify you.

They are automatically collected when you access and use the Site via:

  1. Your IP (Internet Protocol) address
  1. Cookies: small files transferred to your computer’s hard drive. Cookies are used to optimise your browsing on the Site and facilitate the collection of the non-personal information mentioned above. The Company does not use these files to identify you personally, or to send you information. If you do not wish for these cookies to be transferred to your hard drive, or if you wish to be notified before they are transferred to your hard drive, you may neutralise them by configuring your browser’s software program. In this case, just follow the relevant instructions as supplied by your browser.

The Company works with the greatest possible care towards securing data:

  1. during the transfer of information from your computer to its servers
  2. the information are stored in the secure hosting centre mentioned above (See “Host”)

7- Jurisdiction and governing law

These Terms are governed by French law, without regard to its principles of conflict of laws. French courts have territorial jurisdiction to hear any dispute arising out of the use of the Site, within the limits authorized by laws and regulations.

 

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