En vigueur au 30/06/2021
The following general terms and conditions (“Terms
and (hereinafter Our Website
They can be accessed and printed at any time through a direct link at the bottom of the Our Website’s homepage. They may be supplemented, when appropriate, by special terms and conditions specific to certain Services. In the event of contradictions, the special terms and conditions shall prevail over the general terms and conditions.
2. Service Provider
The Services are conceived and, where applicable, provided by Panache, a non-profit association, registered with the Préfecture de Police of Paris under number W751255029, SIRET number: 88019785000014 whose registered office is at 5 Cité Riverin 75010 PARIS, France (hereinafter: “Panache
”Panache" can be contacted at the following:
- Mailing address: 5 Cité Riverin 75010 PARIS
- Email: email@example.com
3. Service Access
The Services are available to individuals and legal entities registered according to the process described in article 5 below, provided the following conditions are met (hereinafter the “Users
- Individuals must have full legal capacity to agree to the present terms and conditions.
- Individuals without full legal capacity can only access Our Website and Services with the consent of their legal guardian or representative.
- Legal entities must act through individuals with full legal capacity and authority to contract in the name and on behalf of the legal entity.
4. Acceptance of the General Terms and Conditions**
Acceptance of the present general terms and conditions is acknowledged by checking a box that must be ticked in order to either (i) register to panache newsletter (ii) complete the registration process which permits access to the Services, according to the process described in article 5 below. This acceptance can only be full and unequivocal. All adherence made with reservations will be considered null and void. Persons who do not wish to be bound by the following general terms and conditions must not use the Services.
Use of the Services, requires registration in one of the following ways:
- either on the Website, as chosen by the person who wishes to become a User of the Services, by filling in the form provided for that purpose,
- or via email after contacting a Panache representative.
Whatever the mode of registration, the future User must provide all information marked as mandatory and, as the case may be, tick the agreement box of the present general terms and conditions. Incomplete registrations will not be validated.
The User guaranties that all information provided during the registration process is true, up-to-date and sincere, and is not misleading.
The User commits to updating the information in their Personal Space when a change occurs, so that the information remains true, up-to-date, sincere and not misleading.
The User is informed and accepts that the information provided during the creation and updating of their Account is proof of their identity. The information provided by the User is binding as soon as it is validated.
6. Using Our Website
6.1 Third-Party Content on Our Website
Content from other users, advertisers, and other third parties is made available to you through Our Website. Content means any work of authorship or information, advertisements, comments, opinions, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Our Website (“Content
”). Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
We generally cannot be held liable for claims arising from the Content provided by third parties on Our Website.
6.2 Rules for all Users
You represent and warrant that you will use Our Website solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted on Our Website ("Your Content
"). You understand that you may expose yourself to liability if Your Content or other use of Our Website violates applicable law or any third-party right.
You agree that you will not:
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with a company;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in any applicable law, rule or regulation;
- Except as expressly approved by us, use Our Website for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply a endorsement or partnership of any kind with Our Website without our express written permission;
- Introduce software or automated agents to Our Website, or access Our Website so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Our Website without our express written permission;
- "Frame" or "mirror" or otherwise incorporate part of Our Website into any website, or "deep-link" to any portion of Our Website without our express written permission;
- Copy, modify or create derivative works of Our Website or any Content (excluding Your Content) without our express written permission);
- Copy or use the information, Content (excluding Your Content), or data on Our Website in connection with a competitive service, as determined by Our Website;
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to Our Website or any Content (excluding Your Content) without our express written permission;Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Our Website;
- Interfere with, disrupt, or create an undue burden on Our Website or the networks or services connected to Our Website;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Our Website;
- or Attempt to circumvent any security feature of Our Website.
6.3 Links to Third-Party Websites
Our Website may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Our Website, our terms and policies do not govern your use of third-party websites.
7.1. Enforcement Actions
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Our Website; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
7.2 Rights to Your Content
By submitting any Content to Our Website, you hereby grant to us an unrestricted, irrevocable, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content, in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Our Website's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Our Website and to make Content submitted to or through Our Website available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Our Website. You should only submit Content to Our Website that you are comfortable sharing with others under the terms and conditions of these Terms.
7.3 Rights to Our Website Content
Our Website contains Content provided by us and. We own and retain all proprietary (including all intellectual property) rights in the Content we provide and Panache owns and retains all property rights in Our Website.
Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Our Website or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Our Website. The trademarks, logos and service marks ("Marks
") displayed on Our Website are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Our Website, including due to or arising from your breach of any provision of these Terms.
9. Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Our Website. We are not responsible for any incorrect, inaccurate, or unlawful Content posted on Our Website, whether caused by users or by any of the equipment or programming associated with or utilized on Our Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Our Website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Our Website. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Our Website or from any Content posted on Our Website or transmitted to users, or any interactions between users of Our Website, whether online or offline.
Our Website is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Our Website will meet your requirements; (2) Our Website will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Our Website will be accurate or reliable.
You hereby release Panache from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL PANACHE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT PANACHE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED EUROS (€100).
These Terms remain in effect while you use Our Website and, for registered users, as long as your account remains open. You may delete your account at any time.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Our Website. For the avoidance of doubt, you agree that these Terms apply to your use of Our Website and any Content posted on Our Website at any time prior to the termination or expiration of these Terms.
11. Changes to Terms
We may revise these Terms from time to time by posting an updated version on Our Website. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Our Website is subject to the most current effective version of these Terms.
12. Governing law and Dispute Resolution
These general terms and conditions are governed by French law.
In the event of dispute over the validity, interpretation and/or execution of these Terms, the parties agree that the Paris courts shall have sole jurisdiction, unless otherwise stipulated by a mandatory procedural rule.