You are here

Terms of use

EclairColor is a registered trademark of YMAGIS SA within the European Union and other international countries. For any questions, please contact us at contact@eclaircolor.com

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEB SITE, AFFILIATED SITES AND MOBILE SITES, AND LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

TERMS OF USE

Last updated: April 25, 2017

 

Welcome to the Web sites and/or mobile sites (the "Sites") for YMAGIS SA and its subsidiaries and affiliates (collectively, "YMAGIS" or "we"). Please review the following terms and conditions, which, along with all applicable laws, govern your use of the Sites (the "Terms of Use").

 

Your use of the Sites constitutes your agreement to follow and be bound by the Terms of Use, and your agreement and acknowledgement that any other agreements between you and YMAGIS SA relating to the subject matter herein are superseded. We reserve the right to modify these Terms of Use at any time in our sole discretion without prior individual notice. Any modifications to these Terms of Use will be posted on the Sites, and you will be deemed to have agreed to these modifications through your further use of the Sites. For this reason, we encourage you to review these Terms of Use whenever you use any of the Sites. You can tell when these Terms of Use were last modified by checking the “last updated” date that appears at the top of these Terms of Use.  If you do not agree to these Terms of Use, please do not use the Sites. These Sites are intended solely for users who are 13 years of age or older. Any registration by, use of or access to these Sites by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use. By using these Sites, you represent and warrant that you are 13 or older, and that you agree to and abide by all of the terms and conditions of these Terms of Use. Personal information you provide to us may be transferred to our servers and/or offices elsewhere in Europe. You agree that by providing us with your personal information, your personal information may be subject to French laws, regulations and/or court orders and may be disclosed to third parties or French authorities in complying with French laws, regulations and/or court orders. You agree that: (a) all matters relating to your use of the Sites, including without restriction all purchases through the Sites, will be governed by the laws of France, (b) with respect to any and all disputes arising out of your use of the Sites, the Tribunal de Commerce de Paris have jurisdiction, and that you will attorn to their jurisdiction; and (c) you are responsible for complying with all local laws.

 

International Use

As the Sites may be accessed globally, if you choose to access the Sites from locations other than France, Belgium and states of the European Union, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to France or the country in which you reside. Notwithstanding the foregoing, YMAGIS SA makes no representation that materials on the Sites are appropriate or available for use in locations outside France or Belgium, as applicable, and accessing them from territories where their contents are illegal is prohibited.

 

Sites’ Contents

Unless otherwise noted, the Sites, and all materials on the Sites, including data, text, images, illustrations, designs, icons, photographs, video clips and other materials, and all registered and unregistered rights in such materials provided under intellectual property law or similar laws under any jurisdiction in the world (collectively, the “Contents”), are owned, controlled or licensed by YMAGIS SA.  We neither warrant nor represent that your use of materials displayed on the Sites will not infringe the rights of third parties not owned by or affiliated with YMAGIS SA.

 

The Sites and the Contents are intended solely for your personal, non-commercial use. You are permitted to view, download and print hard copies of pages from the Sites for your own personal, non-commercial, lawful use, provided that such copies clearly display the copyright and any other proprietary notices of YMAGIS SA. No right, title or interest in any downloaded Contents is transferred to you as a result of any such viewing, downloading or printing.

 

Except as noted above, you may not reproduce, communicate to the public by telecommunication, publish, transmit, distribute, display, modify, create derivative works from, sell, rent or exploit in any way any of the Contents or the Sites. Without limiting the generality of the foregoing, in particular, you may not distribute, modify, transmit, reuse, repost, or use the Contents of the Sites for any public or commercial purposes whatsoever, including their text, images, audio, and video, without YMAGIS SA's express written permission. Additionally, the Contents may not be modified or altered, merged with other data or published in any form, in whole or in part, including by “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate the Contents on the pages produced by, or displayed on, the Sites.

 

Images of people or places displayed on the Sites are either the property of, or used with permission by, YMAGIS SA. The use of these images by you or anyone else is prohibited unless specifically permitted by the Terms of Use or specific permission is provided elsewhere on the Sites or by the owner of such images. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  YMAGIS SA assumes no liability or responsibility for any damages arising out of your wrongful and/or illegal use of such images.

 

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of YMAGIS SA and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right of any kind to use any Trademark displayed on the Sites without the express written permission of YMAGIS SA or such third party that may own the Trademarks displayed on the Sites. Your misuse of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in these Terms of Use, is strictly prohibited. You are also advised that YMAGIS SA will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

When you link to the Sites, you may not under any circumstance use technology to display the content of the Sites in a frame or in any other manner that is different from how it would appear if a user typed the URL into the browser line. The link must result in a new, fully functional, full screen browser window occupied solely by the pages created by the Sites.

 

You acknowledge the unauthorized use of the Sites or the Contents could cause irreparable harm to YMAGIS SA and that in the event of an unauthorized use, YMAGIS SA shall be entitled to an injunction in addition to any other remedies available at law or in equity.

 

Right to Modify, Suspend or Discontinue the Sites

 

We reserve the right, at any time in our sole discretion, to: modify, suspend, discontinue or restrict use of any portion of the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension, discontinuance or restriction of the Sites, or of any service, content, feature or product offered through the Sites.

 

Other Policies

 

In the footer sections of the Sites, we maintain a number of policies designed to protect and offer special benefits to our users, including our Privacy Policy (the “Other Policies”). The Other Policies may vary between our individual sites and depending on your location. The terms and conditions of the Other Policies are incorporated by reference into these Terms of Use.

 

Errors, Inaccuracies, and Omissions

 

Occasionally the Sites may present information containing typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, offers, or availability. Although we make reasonable efforts to ensure that the Sites are current and contain no errors or inaccuracies, we make no representations, warranties or guarantees that the information, Contents or materials included in the Sites will be error-free or completely accurate or current at all times, or at any time. We reserve the right at any time in our sole discretion and without notice to correct any errors, inaccuracies or omissions to the information on our Sites.

 

Security

 

You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mail-bombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding YMAGIS SA’s ability to monitor or make the Sites available, or (f) taking any action in order to obtain services to which the you are not entitled. Violations of system or network security may result in civil or criminal liability. YMAGIS SA will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations. At all times, YMAGIS SA shall have the discretion to take such action as YMAGIS SA deems necessary, in its sole discretion, to preclude a security violation, and YMAGIS SA shall not be liable for any damages of any nature suffered by you or a third party resulting from YMAGIS SA’s exercise of its rights.

 

Exclusion of Liability

 

Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. YMAGIS SA shall not be liable for any damages of any kind related to your use of the Sites. You agree that your sole remedy in the event of any problem with your use is to cease using the Sites. In no event shall YMAGIS SA or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out of or related to access to or use of the Sites or any other website linked to the Sites or the Contents, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.

 

YMAGIS SA maintains the Sites for your personal entertainment, information, education, and communication. Due to local, national or international restrictions, including technological or legal restrictions, not all of the Sites, including our mobile sites, may be accessible from your current location, and YMAGIS SA assumes no responsibility, and shall not be liable, for any inability or restricted ability to access or use the Sites.

 

YMAGIS SA is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network or mobile connections, failed, incomplete, garbled or delayed computer transmissions, online or mobile failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. YMAGIS SA is not responsible for Internet, mobile or any other communications network fees or charges associated with your use of the Sites.

 

YMAGIS SA assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of the Sites or your downloading of any materials, data, text, images, video or audio from the Sites.

 

YMAGIS SA has not reviewed all of the sites linked to the Sites and is not responsible in any way for the content of any off-site pages or any other sites linked, directly or indirectly, to the Sites. Your linking to any other off-site pages or other sites is entirely at your own risk.

 

Indemnification

You agree to defend, indemnify and hold YMAGIS SA harmless from and against any and all allegations, claims, damages, costs and expenses, including attorneys’ fees and disbursements, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of these Terms of Use.

 

General

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of YMAGIS SA’s right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Use constitute the entire agreement between us relating to your use of the Sites.

 

Termination

These terms are effective unless and until terminated by YMAGIS SA. YMAGIS SA may terminate these Terms of Use at any time without notice, and accordingly may deny you access to the Sites, for any reason or no reason. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.