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Terms of use for the site store.francoise-nielly.com

Preamble
Use of the store.francoise-nielly.com implies automatic and unconditional acceptance by the User of all the present terms of use and an undertaking to respect them.
Françoise Nielly / Miss Fluo reserves the right to modify and add to the present terms of use at any time, without prior notice or compensation. Reconnection and continued use of the site store.francoise-nielly.com implies automatic reacceptance of the terms of use and compliance therewith. Consequently, it is the User’s responsibility to make himself aware of any updates to these terms each time he connects to the site store.francoise-nielly.com.
These terms of use include exclusions from guarantee and limitations of liability of which the User declares he is aware.
Terms of Use and Legal Mention are complementary and should be considered as one entire document.


Glossary
The words below, with the first letter capitalised, will be defined as follows in this document:

Data Base : A database is a digital system intended to organize, store, and retrieve large amounts of data easily.
Personal Account : Pseudonym, confidential code, areas and functionalities allocated to the User after registering on the site store.francoise-nielly.com by completing an online form.
Personal information : “information that in any way whatsoever, directly or otherwise, allows the natural persons to whom it applies to be identified” (article 2 of law no. 78-17 of 6th January 1978). In the context of this document, these provisions also apply to a corporation or any other legal entity. This includes the IP address of the User.
Complementary Personal Information : name, mail and email address and phone number of the User.
French Regulation : Regulation (law and all regulatory framework) in force in France.
User : Internet surfer connecting to and/or using the Internet site store.francoise-nielly.com. User can be registered or not.
Registered User : User who has opened a Personal Account.

Validity of information supplied by the User
If the User supplies information, he agrees to:
- provide genuine, accurate information that was up-to-date when it was input on the service registration form, and in particular not to use false names or addresses, or names and addresses that he is not authorised to use;
- keep the registration data up-to-date to ensure that it is always genuine, accurate and up-to-date;
- not make available or disseminate information that is illegal, objectionable (e.g. defamatory or obscene) or otherwise harmful, such as viruses;
- do no provide illegal information.
If these provisions are contravened, Françoise Nielly / Miss Fluo will be entitled to suspend or terminate the User’s access to the service, for which the User will be held to be exclusively to blame.

Site access
The User may access the site store.francoise-nielly.com 24/24 and 7/7 unless otherwise stated. Françoise Nielly / Miss Fluo cannot be held responsible if connection is technically unavailable, whether this is due in particular to force majeure, maintenance, update, site modification, operation by the hosting organisation, an internal or external strike, network failure, an electricity power cut or alternatively incorrect configuration or use of the User’s computer.

User’s behaviour
According to the French Regulation, User is not allowed to broadcast through store.francoise-nielly.com illegal messages or opinions, in particular those that could be considered as racist, defamatory or libellous.

Limitation of liability
The User expressly accepts that he uses the store.francoise-nielly.com site at his own risk and on his exclusive responsibility.
The information provided to the User by the store.francoise-nielly.com site is for information and in the state that it is at that time. It may be modified at any time without notice.
In any event, Françoise Nielly / Miss Fluo can in no circumstances be held responsible for:
- any direct or indirect damage, particularly relating to loss of profits, loss of earnings, loss of customers ordata that could, among others, arise from use of the store.francoise-nielly.com site, or, conversely,from not being able to use it;
- malfunctions, lack of access, incorrect use or incorrect configuration of the User’s computer, or use by the User of an uncommon browser;
- the content of Deposited Files, advertisements and other outside links or sources that can be accessed by the User from the store.francoise-nielly.com site.

Site publicity and sponsor
The store.francoise-nielly.com site may contain advertising. In no circumstances can store.francoise-nielly.com be held responsible either for the advertising content or for the consequences of any contractual relationship between the User of the store.francoise-nielly.com site and the person who disseminated the advertising.

Hypertext links
If a Webmaster wishes to set up a link from his site to the store.francoise-nielly.com site, he must obtain express prior authorisation by making an application to e-mail address f.nielly@free.fr. In any event, the Webmaster setting up a hypertext link agrees not to use deep linking, by which pages from the store.francoise-nielly.com site are embedded in the pages of the Webmaster’s own site.

A User who is redirected to a third party’s Internet page by a hypertext link on the store.francoise-nielly.com site acknowledges that Françoise Nielly / Miss Fluo has no control over the content of the sites to which he is redirected. Consequently, Françoise Nielly / Miss Fluo can in no circumstances be held responsible for any direct or indirect damage resulting from the use of sites that can be accessed via hypertext links in the store.francoise-nielly.com site.

Copyright and intellectual property
All elements of the store.francoise-nielly.com site (directory structures, formatting, programming, etc.) apart from specific disclosure are the exclusive intellectual property of Françoise Nielly / Miss Fluo.
Accordingly, they must not be represented, reproduced, embedded, disseminated or broadcast, wholly or in part, in accordance with the provisions of article L.122-4 of the French Code de la Propriété Intellectuelle.
Any person who does so and who cannot provide evidence of prior, express authorisation from the holder of these rights incurs the penalties for infringement provided for in articles L.335-2 & seq of the French Code de la propriété intellectuelle.
Any authorized copy of any element of the website should disclose “Copyright, Françoise Nielly / Miss Fluo all right reserved”.

Trademarks
Marks and logos found on store.francoise-nielly.com are registered by Françoise Nielly / Miss Fluo or one of its partners. Accordingly, any person who represents, reproduces, embeds, disseminates or broadcasts them incurs the penalties provided for in articles L.713-2 et seq of the Code de la propriété intellectuelle.

Database
According to the law no. 98-536 of 1st July 1998, store.francoise-nielly.com collects and produces data, which together, are considered as a data base owned by Françoise Nielly / Miss Fluo.
The Use is not allowed to reproduce, reuse, download, hold, directly or indirectly, in any way, any substantial part of the Data Base.

Setting up a Personal Account
To obtain the widest services provided by store.francoise-nielly.com, Users must register on the site store.francoise-nielly.com by opening a Personal Account and meeting the terms set out above.
Users may not register on behalf of third parties.
Registration is strictly personal to each Registered User.
If a User fails to comply with one of the provisions of this document, store.francoise-nielly.com reserves the right to cancel the Personal Account of that User Member without notice.

Monitoring of the access for people under 18
The use of the website store.francoise-nielly.com by any person under 18 has to be allowed and monitored by his or her parents or legal representatives

Validity of all the contractual clauses
Should one of the clauses of these Terms of Use and Legal Information be declared null or void, all the other provisions of this document remain valid and applicable.

Applicable law – Attribution of jurisdiction
The terms of use and legal information of the store.francoise-nielly.com site are governed, interpreted and applied under French law. Only the Courts and Tribunals of France will have competency to hear any disputes between Françoise Nielly / Miss Fluo and a User relating to the present terms of use and their implementation, particularly their validity, interpretation, execution, cancellation and consequences.

Last Update
2012-05-09


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