WEBSITE TERMS AND CONDITIONS
WELCOME! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING TO USE ANY PORTION OF THIS WEBSITE.
BY USING THIS OR ANY WEBSITE OWNED OR CONTROLLED BY PETITS TRÉSORS CORPORATION (THE “WEBSITE”), OR SUBMITTING ANY INFORMATION TO PETITS TRÉSORS CORPORATION (“PETITS TRÉSORS” “WE,” “US,” OR “OUR”), YOU INDICATE YOUR ACCEPTANCE OF, AND AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH BELOW (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MUST EXIT THIS WEBSITE IMMEDIATELY.
IMPORTANT NOTE: THIS AGREEMENT IS UPDATED OFTEN. PLEASE MAKE A HABIT OF REVIEWING IT FROM TIME TO TIME TO STAY ABREAST OF ACCEPTABLE AS WELL AS INAPPROPRIATE USES OF YOUR PETITS-TRESORS.COM ACCOUNT. REPORTS OF ACTIVITY IN VIOLATION OF THIS AGREEMENT MAY BE SENT VIA E-MAIL TO CONTACT@PETITS-TRESORS.COM.
TERMS AND CONDITIONS
1.1.This Agreement constitutes your agreement with Us with respect to your use of the Website. You must agree to abide by all of the terms and conditions in this Agreement to continue viewing or using the Website. Through your continued use of the Website you represent and warrant that you are at least eighteen (18) years old. If you are not eighteen years old you may not use the Website.
1.2.We reserve the right to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time in Our sole and absolute discretion. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that We may have made to this Agreement. Your continued use of the Website after any changes are made to this Agreement shall be deemed your acceptance of the changes.
2.1.The Website contains information, text, and materials (collectively, the “Materials”) that are provided for your convenience and enjoyment. Some of the Materials are provided by third parties. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on a website or in the documents and policies of third parties. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions which may be found on a website or in the documents and policies of third parties, the terms of this Agreement shall control. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and shall not be liable for any lack of the foregoing.
2.2.Permission is hereby granted for you to electronically copy and to print in hard copy portions of this Website for the sole purpose of using the Website. Any other use of the Materials on this Website, including reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of PETITS TRÉSORS is strictly prohibited. All figures, characters, names, places, pictures, etc. used for illustrative examples are for demonstration purposes only and should not be considered actual or real.
2.3.Third party advertisers may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with such third party advertisers found on or through the Website including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Website.
2.4.Descriptions of, or references to, products or publications within the Website do not imply endorsement of that product or publication.
2.5.The views and opinions expressed within the Website do not necessarily reflect those of PETITS TRÉSORS.
2.6.We do not represent or warrant that every action you take with regard to your account and related activities on the Website shall be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Website.
3.1.The Website is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All materials contained on the Website are protected by copyright and are owned or controlled by Us or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website. Copying or storing any part of the Website is expressly prohibited without prior written permission from Us or the copyright holder as identified on the Website.
3.2.We own many trademarks (the “Trademarks”). You agree not to delete any Trademark or similar notice from any contents that you obtain from the Website. Any questions concerning the use of Trademarks should be referred to Us in accordance with the section captioned “Notices” below.
3.3.We have the exclusive legal right to use the PETITS TRÉSORS trademark and logos.
3.4.All other products and company names mentioned on the Website may be trademarks of their respective owners.
4.1.We may change, suspend or discontinue any aspect of the Website at any time. We may also impose limits on certain features and services or restrict access to parts of or the entire Website without notice or liability.
4.2.Any violation of such rules, regulation, and policies shall be cause for PETITS TRÉSORS to suspend or terminate your use of the Website. PETITS TRÉSORS reserves sole and absolute discretion to determine whether any use of the Website is a violation of this Agreement and to terminate your account or use of the Website without notice. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of this Agreement shall result in immediate termination of your use of or access to the Website. Our failure to enforce this Agreement, for whatever reason, shall not be construed as a waiver of Our right to do so at any time. This information is only a guideline, and is not intended to be all-inclusive.
4.3.You are responsible for use of the Website, even if the inappropriate activity was committed by a friend, family member, guest, or employee using your computer. Therefore, you must take steps to ensure that others do not gain access to your computer. In addition, you may not breach security or attempt to gain unauthorized access to another network or server. You must adopt adequate security measures to prevent or minimize unauthorized use of the Website by those using your computer. You may not attempt to circumvent user authentication or security of PETITS TRÉSORS. This includes, but is not limited to, attempting to access data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing or disrupting the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Users who violate systems or network security may incur criminal or civil liability. PETITS TRÉSORS shall cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
4.4.Without limitation, you may not use the Website to:
4.4.1. Transmit obscene materials;
4.4.2. Intentionally spread or threaten to spread computer viruses;
4.4.3. Gain or attempt to gain unauthorized access to any network, including PETITS TRÉSORS's private network infrastructure;
4.4.4. Access or attempt to access information not intended for you; or
4.4.5. Transmit pirated software.
4.5.If complaints are received regarding language, content, or graphics relating to your use of the Website, PETITS TRÉSORS may, at its sole and absolute discretion, terminate your use of the Website.
4.6.You may not use the Website to publish material that PETITS TRÉSORS determines, at its sole and absolute discretion, to be unlawful, indecent, or objectionable. For purposes of this Agreement, "material" refers primarily to photographs, but also extends to cover all forms of communication that PETITS TRÉSORS may allow, including narrative descriptions, other graphics (including illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings. Unlawful material is that which violates any law, statute, treaty, regulation, or order. This includes, but is not limited to: obscene material; defamatory, fraudulent, or deceptive statements; threatening, intimidating, or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent material is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable material is otherwise legal material with which PETITS TRÉSORS concludes, in its sole and absolute discretion, it does not want to be associated with in order to protect its reputation and brand image, or to protect PETITS TRÉSORS’s employees, shareholders and affiliates. This includes, but is not limited to, all material that, in the sole and absolute discretion of PETITS TRÉSORS, is determined to be advertising or otherwise for commercial purposes, unless expressly permitted in writing by PETITS TRÉSORS. Objectionable material may include, without limitation:
4.6.1. Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value;
4.6.2. Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value;
4.6.3. Materials that hold PETITS TRÉSORS including PETITS TRÉSORS’s affiliates, employees or shareholders up to public scorn or ridicule; or
4.6.4. Materials that encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.
4.7.You may not use screen scraping or other automated data mining type programs (a.k.a. “spiders,” “crawlers,” “webbots,” or “bots”) to systematically access and extract data from the Website.
5.1.The Website contains hyperlinks to other World Wide Web sites (the “Other Sites”). If you use the hyperlinks to access these Other Sites, you shall leave the Website and your browser shall be re-directed to the Other Sites. We have not reviewed the content of any Other Site, and do not guarantee any Other Site’s accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by Us of any third party sites or resources, or their content. We are only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Us of the Other Site.
5.2.Any Other Site that links to the Website:
5.2.1. Shall not create a browser or border environment around any of the content of the Website;
5.2.2. May link to, but not replicate, Our content;
5.2.3. Shall not imply that We are endorsing or sponsoring the Other Site or the Other Site’s products;
5.2.4. Shall not present false information about Us or Our products or services;
5.2.5. Shall not use Trademarks without the prior written permission from Us; and
5.2.6. Shall not contain content that could be construed as distasteful, offensive, or controversial.
5.3.Notwithstanding anything to the contrary contained in this Agreement, We reserve the right to deny permission to link the Website to any other website for any reason in Our sole and absolute discretion.
6.1.Permission to use documents like press releases, new stories, and FAQs from the Website (the “Documents”) is granted provided that:
6.1.1. The copyright notice below appears in all copies and that both the copyright notice and this permission notice appear;
6.1.2. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media; and
6.1.3. No modifications of the Documents are made.
6.2.Elements of the Website including, but not limited to, the “look and feel,” are protected by tradedress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Website may be copied or retransmitted unless expressly permitted by PETITS TRÉSORS.
7.1.We respect the rights of all copyright holders and in this regard We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PETITS TRÉSORS’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
7.1.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
7.1.2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
7.1.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
7.1.4. Information reasonably sufficient to permit Us to contact the complaining party;
7.1.5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7.1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.2.PETITS TRÉSORS’s copyright agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows: Court House Tower - 44 West Flagler Street, suite 2300 - Miami, Florida, 33130 USA; Email email@example.com
8.1.THE WEBSITE AND EVERYTHING ELSE PROVIDED TO YOU BY US, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PETITS TRÉSORS MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT:
8.1.1. THE WEBSITE AND EVERYTHING ELSE PROVIDED TO YOU BY US;
8.1.2. THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR A PARTICULAR PURUPOSE OF THE CONTENT ON AND PROVIDED THROUGH THE WEBSITE;
8.1.3. THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE;
8.1.4. THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS;
8.1.5. ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND
8.1.6. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
8.2.FURTHER, PETITS TRÉSORS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PETITS TRÉSORS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY PETITS TRÉSORS INCLUDING THOSE CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN SHALL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS SHALL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PETITS TRÉSORS SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
8.3.PETITS TRÉSORS DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
9.1.UNDER NO CIRCUMSTANCES SHALL PETITS TRÉSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE ANYTHING PROVIDED BY PETITS TRÉSORS, OR THE PERFORMANCE OF, THE WEBSITE, EVEN IF PETITS TRÉSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. IN NO EVENT SHALL PETITS TRÉSORS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).
9.2.You agree to indemnify and hold harmless PETITS TRÉSORS, PETITS TRÉSORS’s officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually, and collectively referred to as “Indemnitees”) from and against any claims, demands, penalties, fines, liabilities, attorneys’ fees, court costs, legal expenses and causes of action Indemnitees may incur, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of the Website or anything else provided to you by an Indemnitee (hereinafter individually, and collectively referred to as a “Claim”). PETITS TRÉSORS shall be entitled to assume and control the reasonable defense and settlement of any Claim. You shall provide reasonable cooperation and assistance in defending against any Claim.
11.1. To the extent that an action in a court is proper pursuant to this Agreement, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Florida state courts in and for Miami-Dade County, Florida and the Federal Courts in and for the Southern District of Florida. This grant of exclusive jurisdiction shall not be applicable to the entering of a judgment upon the award rendered by an arbitrator.
11.2. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. The parties agree not to raise the defense of forum non conveniens.
15.1. Whenever under the provisions of this Agreement you are required or permitted to give notice to PETITS TRÉSORS, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three (3) days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to PETITS TRÉSORS, at the following address:
PETITS TRÉSORS CORPORATION
Court House Tower
44 West Flagler Street, suite 2300
Miami, Florida, 33130
15.2.Whenever under the provisions of this Agreement PETITS TRÉSORS is required or permitted to give notice to you, PETITS TRÉSORS may send an email to the address provided by you when you registered with the Website. If you have not provided an accurate email address or if you have not registered with the Website, PETITS TRÉSORS may send a notice to you in any reasonable way.
16. Miscellaneous. This Agreement contains the sole and entire agreement between the parties with respect to the use of the Website and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.