1.1. This User Agreement (hereinafter - the Agreement) shall apply to the website on the Internet at the address: http://viviennesabo.com/ (hereinafter - the Website)
1.2. This Agreement governs relations between the Website Administration and the User of such Website.
1.3. The Website Administration reserves the right to amend or to modify the provisions hereof at any time without prior notice to the User.
1.4. Use of the Website by the User shall constitute acceptance of the Agreement and any amendments introduced thereto.
1.5. The User shall be personally liable for checking this Agreement for any changes therein.
2.1. The below terms shall for the purposes hereof be assigned the meanings as follows:
2.1.1 Website shall mean an online resource on the Internet at the address: http://viviennesabo.com/, carrying out its activity through itself and any associated services (hereinafter - the Website).
2.1.2. Website Administration shall mean employees authorized to manage the Website acting on behalf of Vivienne Sabo S.A.S., the company incorporated under the laws and in the territory of France.
2.1.3. Website user (hereinafter - the User) shall mean a user of the Internet network having access to the Website through the web and making use of the Website.
2.1.4. Website Content (hereinafter - the Content) shall mean any protected intellectual deliverables including text of literary works, their titles, prefaces, abstracts, articles, illustrations, cover pages, musical works with or without lyrics, graphic, textual, photographic, derivative, constituent and other works, user interfaces, visual interfaces, names of trademarks, logos, computer programs, databases as well as design, structure, selection, coordination, physical configuration, general style and location of such Content being part of the Website and other intellectual property items, both collectively and/or separately placed on the Website.
3. SUBJECT OF AGREEMENT
3.1. The subject hereof is provision to the User of access to the Website Content. This Agreement applies to all existent (actually working) current services of the Website as well as any subsequent modifications thereof and any additional services introduced in the future.
3.2. Access to the Website is provided at no charge.
3.3. This Agreement shall serve as a public offer. Accessing the Website the User shall be deemed to have acceded to this Agreement.
3.4. Use of materials and services of the Website is governed by the regulations of current EU legislation.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Website Administration shall be entitled:
4.1.1. To amend the rules of Website usage as well as to modify the content of such Website. Amendments shall come into force from the moment of publication of a new version of the Agreement on the Website.
4.2. The User shall be entitled:
4.2.1. To use all the services available on the Website.
4.2.2. To use the Website solely for the purposes and in accordance with the procedure stipulated by the Agreement and not prohibited by legislation of the Russian Federation.
4.2.3. To require from the administration to conceal any user information.
4.3. The Website User shall:
4.3.1. Submit upon the Website Administration's request any additional information directly related to the services rendered through such Website.
4.3.2. Respect property and non-property rights of the authors and other rightholders upon usage of the Website.
4.3.3. Not take any actions which may be considered as interfering with proper Website operation.
4.3.4. Not distribute through the Website usage any confidential information protected by the Russian legislation concerning individuals or legal entities.
4.3.5. Avoid any actions which may result in violation of confidentiality of information protected by Russian legislation.
4.3.6. Not use the Website to distribute any advertising information other that with the consent of the Website Administration.
4.3.7. Ensure reliability of submitted information.
4.3.8. Ensure protection of personal data from access of third parties.
4.4. The User shall be prohibited:
4.4.1. To use any devices, programs, procedures, algorithms and methods, automated devices or equivalent manual processes to access, to acquire, to copy or to track the Website Content.
4.4.2. To interfere with proper functioning of the Website.
4.4.3. To circumvent the navigation structure of the Website in any way to obtain or to attempt to obtain any information, documents or materials by any means which are not inherent to the services of such Website.
4.4.4. Unauthorized access to Website functions, any other systems or networks related to such Website as well as any services offered on the Website.
4.4.4. To break into the security or authentication system on the Website or in any network related to the Website.
4.4.5. To perform reversed search of, to track or to attempt to track any information on any other Website User.
4.4.6. To use the Website and its Content for any purposes prohibited by Russian legislation as well as to encourage any unlawful or other activity infringing rights of the Website or other persons.
5. WEBSITE USAGE
5.1. The Website and the Content part of the Website are owned and managed by the Website Administration.
5.2. The Website Content may not be copied, published, reproduced, transferred or distributed in any way, nor may it be placed in the global Internet network without the prior written consent of the Website Administration.
5.3. The Website Content is protected by copyright, trademarks legislation as well as other rights concerning intellectual property and legislation on unfair competition.
5.4. Information placed on the Website shall not be construed as amendments to this Agreement.
5.5. The Website Administration shall be entitled at any time without any notice to the User to make amendments to the Website Content.
6. LIMITATION OF LIABILITY AND WAIVER OF WARRANTIES
THE USER SHALL ASSUME FULL LIABILITY AND ALL RISKS IN THE PROCESS OF WEBSITE USAGE. THE WEBSITE ADMINISTRATION, CUSTOMERS, PROVIDERS AND AUTHORIZED AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGE AND EXPENSES (INCLUDING BUT NOT LIMITED TO INDIRECT LOSSES AND FINES) WHICH MAY ARISE IN THE PROCESS OF WEBSITE USAGE OR IMPOSSIBILITY TO USE THEREOF. IF THE USER LIVES IN A STATE WITH THE LAWS THEREOF PROTECTING THE SAME FROM FULL LIABILITY AND RISKS IN THE PROCESS OF WEBSITE USAGE, LIABILITY OF WEBSITE ADMINISTRATION SHALL BE LIMITED BY THE MAXIMUM REMEDY PROVIDED BY LAW. IN NO EVENT SHALL LIABILITY OF THE WEBSITE ADMINISTRATION EXCEED THE AMOUNT OF DIRECT DAMAGE CAUSED TO THE PROPERTY OR PERSON AND ARISING OUT OF WEBSITE ADMINISTRATION'S NEGLIGENCE. THE WEBSITE ADMINISTRATION SHALL PROVIDE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO THE WARRANTY OF TITLE, NON-INFRINGEMENT AND SHALL NOT IMPLY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE), NOR SHALL IT MAKE REPRESENTATIONS OR ACKNOWLEDGMENTS WITH REGARD TO ADVERTISEMENTS DISTRIBUTED AND PROMOTED THROUGH THE WEBSITE.
MOREOVER, THE RIGHT TO USE THE WEBSITE SHALL BE GRANTED TO THE USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS WHICH MEANS THAT THE WEBSITE ADMINISTRATOR SHALL NOT GUARANTEE THAT THE WEBSITE WILL FUNCTION WITHOUT FAILURE OR ERRORS OR THAT ANY ERRORS WILL BE REMEDIED. THE WEBSITE ADMINISTRATOR SHALL NOT WARRANT AND SHALL NOT MAKE REPRESENTATIONS WITH REGARD TO MATERIALS, GOODS OR SERVICES ADVERTISED BY THE WEBSITE ADMINISTRATOR ITSELF OR ITS PARTNERS. USERS AGREE THAT NEITHER THE WEBSITE ADMINISTRATOR, NOR PERSONS AFFILIATED WITH THE SAME OR CONTENT PROVIDERS SHALL BE LIABLE TO THE USERS FOR ANY LOSSES, DAMAGE (BOTH DIRECT AND INDIRECT, FINES ETC.), INJURY, CLAIMS, OBLIGATIONS AND OTHER CONSEQUENCES OF ANY KIND AND NATURE WHATSOEVER, IF THEY WERE CAUSED BY USE OF ANY INFORMATION OR OPINIONS SUBMITTED BY SUCH WEBSITE.
6.1. Any losses which the User may incur as a result of wilful or negligent violation of any of the provisions hereof as well as due to unauthorized access to communications of another User shall not be reimbursed by the Website Administration.
6.2. The Website Administration shall not be liable for:
6.2.1. Delays or failures in execution of operations caused by insuperable force as well as any cases of malfunction of telecommunications, computer, power supply and other related systems.
6.2.2. Actions of wire transfer systems, banks, payment systems and delays related to their work.
6.2.3. Proper functioning of the Website, in case the User does not have the necessary technical facilities to use the same, nor shall it be liable for provision of such facilities to users.
7. VIOLATION OF THE PROVISIONS OF USER AGREEMENT
7.1. The Website Administration shall be entitled to disclose information about the User, if current EU legislation requires or authorizes such disclosure.
7.2. The Website Administration shall be entitled without prior notice to the User to terminate and (or) to block access to the Website, if the User is in breach of this Agreement or conditions of Website usage contained in other documents as well as in case of termination of the Website operation or for any technical failures or problems.
7.3. The Website Administration shall not be liable to the User or third parties for termination of access to the Website, in case the User violates any provision hereof or other document containing conditions of Website usage.
7.4. The Website Administration shall be entitled to disclose any information collected on the User of such Website, if such disclosure is required in an investigation or claim related to unauthorized use of the Website or to detect (identify) the User who may prejudice or interfere with the rights of the Website Administration or rights of other Website Users.
7.5. The Website Administration shall be entitled to disclose any information about the User which it deems necessary to comply with the provisions of current legislation or judgments, to secure performance of the provisions hereof, to protect the rights or safety of the organization, Users.
8. RESOLUTION OF DISPUTES
8.1. In case of any disagreements or disputes between the Parties hereto a prerequisite preceding application to the court shall be submission of a claim (written proposal of voluntary dispute settlement).
8.2. The claimee shall within 30 calendar days from the date of receipt of the claim notify the claimant in writing of the results of consideration of the claim.
8.3 If the dispute cannot be settled on a voluntary basis, any of the Parties shall be entitled to apply to the court for the protection of its rights granted by current EU legislation.
8.4. Any lawsuit concerning the conditions of Website usage shall be submitted within 5 days after the relevant grounds for such lawsuit occur, except for the protection of copyrights to the Website materials protected in compliance with EU legislation. Upon violation of the provisions of this clause any lawsuit shall be dismissed by the court.
9. ADDITIONAL PROVISIONS
9.1. The Website Administration shall not accept any counter proposals of the User with regard to any amendments to this User Agreement.
9.2. Any feedback of the User placed on the Website are not confidential and may be used by the Website Administration without restrictions.