TERMS AND CONDITIONS
This website (“the Site”) is the property of Société Laboratoire NUXE, a simplified joint stock company (SAS) organized in [France][THE REST IS NOT NEEDED FOR US: with registered capital of €2,479,694 and registered headquarters at 19 rue Péclet, 75015 PARIS, France, registered on the Paris Trades and Companies register (RCS) under number 642 060 123].
The Site is hosted by Equinoa, a company with registered headquarters at 11b rue Bachaumont, 75002 PARIS, registered on the Paris Trades and Companies register (RCS) under number 484 915 475.
Laboratoire NUXE Digital Unit
TERMS & CONDITIONS OF USE OF THE SITE
Any person visiting one or more pages of the Site (“the User”) implicitly accepts the terms & conditions of use set out below.
The content provided on the Site on an “AS IS” basis only, for your information and personal non-commercial use only. Except as expressly provided in these Terms and Conditions no part of the Site, no part of the content displayed thereon, or any of the trademarks displayed on the Site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, compiled, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Site, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you agree to comply with these Terms and Conditions; (4) you are not under the age of 18; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; (7) your use of the Site will not violate any applicable law or regulation; (8) your use of the Site will be for your own personal use and will be non-commercial; and, (9) except as permitted, you will not copy any content or use any content except as permitted in these Terms and Conditions.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to immediately suspend or terminate your account with or without notice and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, including any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Delete the copyright or other proprietary rights notice from any Content.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
INTELLECTUAL PROPERTY RIGHTS ATTACHED TO THE SITE
The Site is a work of authorship protected by intellectual property law. The Site and every element of which it is composed (including trademarks, logos, photographs, images, illustrations, body copy, slogans, videos) are the sole property of Laboratoire NUXE, which has sole authority to use the intellectual property rights and personality rights pertaining thereto.
No rights of use shall be granted on any of the intellectual property rights featuring on the Site. Société Laboratoire NUXE reserves the right to prosecute any violation of its intellectual property rights.
Reproduction of all documents published on the Site is authorised for the sole purpose of information for strictly personal and private use. Any reproduction and/or representation, in whole or in part, any use, adaptation or modification of the Site or of any of the elements of which it is composed, on any media and in any form whatsoever, for any other purpose, including commercial purposes, is expressly prohibited.
Any reproduction and/or representation of the Site is subject to express prior authorisation by Laboratoire NUXE. Any unauthorised use constitutes an infringement of intellectual property rights punishable under criminal law.
Hypertext links to the Site may be created only with the prior authorisation, in writing, of Laboratoire NUXE. Laboratoire NUXE accepts no liability regarding the content, advertising, products or services available on or via sites linked to the Site.
The trademarks displayed on the Site are the registered trademark of Laboratoire NUXE or its affiliates and are protected under the laws of the countries in which it is registered, and are the sole property of the Laboratoire NUXE or its affiliates.
Laboratoire NUXE may have to collect personal data concerning the User of the Site, which can be the subject of computerised processing. Laboratoire NUXE undertakes to protect the confidentiality of the personal data transmitted by the User in the framework of the use of the Site.
In accordance with the IT and Rights Law of 6 January 1978 as amended and the General Regulations for the Protection of Data no 2016/679 dated 27 April 2016 (GRPD), the User of the Site has a right of access to, rectification, opposition and deletion of, subject to legitimate reasons, of portability of the data concerning him as from 25 May 2018 and a right a “digital death” .
To exercise these rights, the user only has to request it from the Consumer Department either by letter to the following address:
Laboratoire NUXE, service consommateurs, 19 Rue Péclet - 75015 PARIS
or by an e-mail to the address: Laboratoire NUXE, service consommateurs, 19 Rue Péclet - 75015 PARIS, or by e-mail to the following address: firstname.lastname@example.org
Subject to having obtained the express consent of the user at the time of the collection of the data, Laboratoire NUXE can send to the User direct marketing material or newsletters by e-mail.
To find out more about our policy for the protection of personal data, we invite you to consult our Policy for the protection of personal data.
LIMITATION OF LIABILITY
Laboratoire NUXE does not warrant that the information given on the Site will be exhaustive and up to date at all times.
The information given on the Site is intended solely to provide information of a general nature and is not contractually binding.
The User is solely liable for any use they may make of the information contained on the Site.
LABORATOIRE NUXE ACCEPTS NO LIABILITY FOR ANY BUGS THAT MAY OCCUR OR FOR ANY DAMAGE ARISING FROM FRAUDULENT INTRUSION ON THE PART OF A THIRD PARTY CAUSING A MODIFICATION TO THE INFORMATION MADE AVAILABLE ON THE SITE OR, MORE GENERALLY, FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, IRRESPECTIVE OF CAUSE, ORIGIN, NATURE OR CONSEQUENCES, CAUSED BY ANY PARTY ACCESSING THE SITE OR BY INABILITY TO ACCESS THE SITE.
IN NO EVENT WILL LABORATOIRE NUXE OR ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN PARTICULAR, LABORATOIRE NUXE ACCEPTS NO LIABILITY FOR ANY DAMAGE THAT MIGHT BE CAUSED TO USERS’ IT EQUIPMENT FOLLOWING THEIR ACCESS TO THE SITE.
Laboratoire NUXE makes every effort to maintain access to the Site, while not subject to any obligation of performance.
Laboratoire NUXE accepts no liability in the event of the Site being unavailable, for whatever reason.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site and thereafter until all applicable statutes of limitations expire. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
ACCESS TO THE SITE
Laboratoire NUXE reserves the right at any time to modify, terminate, suspend or interrupt access, for any reason whatsoever and at its sole discretion, to all or part of the Site, including particularly the content, functionalities or hours of availability, without prior notice.
APPLICABLE LEGISLATION - JURISDICTION
These Terms and Conditions are subject to the laws of France.
Both parties hereby irrevocably and unconditionally (i) submit to the exclusive jurisdiction of the courts of Paris, France for the purposes of any arbitration, suit, action or other proceeding arising out of or based upon these Terms and Conditions or the subject matter hereof, including the applicability of this venue provision; and (ii) the parties agree not to bring, commence or prosecute any suit, action or proceeding arising out of or based upon these Terms and Conditions or the subject matter hereof before any court or forum other than those set forth in clause (i) of this sentence.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.