TERMS OF USE
OVERVIEW
USE OF THE WEBSITE ACCESSIBLE AT WWW.JEANCLAUDELEBLANC.COM (THE “WEBSITE”) IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE (THE “GENERAL TERMS AND CONDITIONS OF USE”). IN USING THE WEBSITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND UNRESERVEDLY ACCEPTED THESE GENERAL TERMS AND CONDITIONS OF USE.
1. INTELLECTUAL PROPERTY RIGHTS
JCL ARE THE HOLDERS OF ALL INTELLECTUAL PROPERTY RIGHTS RELATING TO THE WEBSITE AND TO ITS COMPONENT PARTS.
ON THIS BASIS AND IN ACCORDANCE WITH APPLICABLE INTELLECTUAL PROPERTY LAW, USE OF THE WEBSITE AND ITS COMPONENT PARTS IS AUTHORIZED FOR PRIVATE USE ONLY.
THEREFORE, THE REPRODUCTION, REPRESENTATION OR MODIFICATION, EITHER TOTAL OR PARTIAL, OF ANY PAGES, DATA OR COMPONENT PARTS RELATING TO THE PRESENTATION AND/OR CONTENT OF THE WEBSITE, VIA ANY SUPPORT WHATSOEVER AND USING ANY PROCEDURE WHATSOEVER, IS PROHIBITED OTHER THAN WITH EXPRESS PRIOR CONSENT FROM JCL.
THE TRADE MARKS BELONGING TO JCL FEATURED ON THE WEBSITE ARE TRADE MARKS REGISTERED IN CANADA AND/OR INTERNATIONALLY FOR VARIOUS PURPOSES BY JCL. THE TOTAL OR PARTIAL REPRODUCTION OR REPRESENTATION OF THESE TRADE MARKS PERFORMED FROM THE WEBSITE OTHER THAN WITH EXPRESS PRIOR CONSENT FROM JCL IS PROHIBITED, IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE INTELLECTUAL PROPERTY LAW.
JCL HAS THE RIGHT TO MODIFY THE CONTENT OF THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
2. LINKS
EXPRESS PRIOR AUTHORIZATION MUST BE OBTAINED IN WRITING FROM JCL FOR THE CREATION OF HYPERTEXT LINKS TO ANY ONE OF THE PAGES OR COMPONENT PARTS OF THE WEBSITE. THIRD PARTY WEBSITES CONTAINING HYPERTEXT LINKS TO THE WEBSITE ARE NOT UNDER THE CONTROL OF JCL AND JCL THEREFORE DECLINES ALL LIABILITY (PARTICULARLY AS PUBLISHER) CONCERNING ACCESS TO, AND THE CONTENT OF, SUCH WEBSITES.
3. OBLIGATIONS OF THE USER
YOU HEREBY UNDERTAKE NOT TO A) USE OR ALLOW THE USE OF THE WEBSITE IN AN IMPROPER MANNER, FOR UNLAWFUL, FRAUDULENT OR MALICIOUS PURPOSES, AND PARTICULARLY (WITHOUT LIMITATION): (I) BY PIRATING THE WEBSITE OR BY INTRODUCING ANY MALICIOUS CODE, INCLUDING VIRUSES, OR HARMFUL DATA INTO THE WEBSITE OR ANY OPERATING SYSTEM; (II) BY THE USE OF A “SPIDER” OR ANY OTHER SYSTEM, METHODS OR PROGRAMMES (AUTOMATED OR OTHERWISE) TO EXTRACT DATA OR INFORMATION FROM JCL’S WEBSITE OR SERVERS; (III) BY SENDING OR STORING DOCUMENTS CONTAINING VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE, FILES, SCRIPTS, AGENTS OR COMPUTER PROGRAMMES; (IV) BY INTERFERING WITH OR CAUSING HARM TO THE INTEGRITY OR PERFORMANCE OF THE WEBSITE AND THE DATA CONTAINED THEREIN; (V) BY TRYING TO OBTAIN UNAUTHORIZED ACCESS TO THE WEBSITE, ITS SYSTEMS OR ASSOCIATE NETWORKS; (VI) BY TRYING TO ACCESS THE ACCOUNTS OR PERSONAL INFORMATION OF OTHER USERS IN AN UNAUTHORIZED MANNER.
4. LIMITATION OF LIABILITY
SUBJECT TO THE SPECIFIC PROVISIONS APPLICABLE TO ON-LINE SALES AND TO CONSUMER LAW, JCL WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY WITH REGARD TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGE OF ANY KIND WHATSOEVER, WHATEVER THE CAUSE, ORIGIN, NATURE OR CONSEQUENCE THEREOF, ARISING FROM THE CONSULTATION OR USE OF THE WEBSITE. IN PARTICULAR, JCL PROVIDES NO GUARANTEE AS TO THE UNINTERRUPTED FUNCTIONING OF THE WEBSITE AND REFUSES ALL LIABILITY IN THE EVENT OF ACCESS TO THE WEBSITE BEING INTERRUPTED OR UNAVAILABLE, IN RELATION TO BUGS OR VIRUSES, TO ANY DAMAGES CAUSED BY FRAUDULENT ACTS PERPETRATED BY THIRD PARTIES (SUCH AS HACKING) CAUSING THE MODIFICATION OF THE INFORMATION PROVIDED VIA THE WEBSITE OR PREVENTING ACCESS THERETO. THE USER THEREFORE DECLARES THAT HE/SHE ACCEPTS THE CHARACTERISTICS AND LIMITS OF THE INTERNET. THIS PRESENT LIMITATION OF LIABILITY APPLIES TO THE FULL EXTENT AUTHORIZED BY LAW.
5. MAINTENANCE, AVAILABILITY
JCL WILL MAKE ITS BEST EFFORTS TO MAINTAIN A REASONABLE LEVEL OF WEBSITE FUNCTIONALITY AND AVAILABILITY. JCL RESERVES THE RIGHT TO LIMIT ACCESS TO THE WEBSITE AND ITS USE BY THE USER AT ANY TIME AND WITHOUT NOTICE IN ORDER TO CARRY OUT MAINTENANCE WORK AND MAKE CHANGES TO THE WEBSITE. JCL MAY NOT BE HELD LIABLE IN THE EVENT OF ANY INTERRUPTION TO ACCESS CAUSED BY SUCH MAINTENANCE OR UPDATING OPERATIONS.
6. APPLICABLE LAW / DISPUTES
THESE GENERAL TERMS AND CONDITIONS OF USE ARE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH CANADIAN LAW, BUT CERTAIN SPECIFIC MANDATORY LOCAL RULES MAY APPLY.
SHOULD ANY DISPUTE ARISE IN RELATION TO THE USE OF THE WEBSITE AND FOLLOWING THE FAILURE OF ANY CLAIM FILED IN WRITING BY THE CUSTOMER OR IF NO RESPONSE HAS BEEN MADE WITHIN A REASONABLE DEADLINE OF ONE (1) MONTH, YOU MAY IF YOU WISH HAVE RECOURSE TO ANY METHOD OF ALTERNATIVE DISPUTE RESOLUTION.
IF NO AMICABLE SOLUTION CAN BE REACHED AND NO RECOURSE IS MADE TO MEDIATION, ALL DISPUTES POTENTIALLY GENERATED BY THE GENERAL TERMS AND CONDITIONS OF USE WILL BE SUBMITTED TO THE JURISDICTION OF THE COMPETENT COURTS IN ACCORDANCE WITH APPLICABLE LAW: YOU OR WE MAY REFER THE CASE TO THE COURTS WHERE YOU ARE RESIDENT OR YOU MAY REFER THE CASE TO THE CANADIAN COURTS.