Our Properties may contain links to third party web sites or services that are not owned or controlled by Jour au Soir. Jour au Soir assumes no responsibility for, the content, privacy policies, or practices of any third party web sites, services or properties. You further acknowledge and agree that Jour au Soir shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites, services or properties. Jour au Soir strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You promise you shall not do any of the following or permit any other third parties to do any of the following: (a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations; (b) post or transmit any information or software that you are aware
contains a virus, worm, or other harmful component; and (c) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder.
USER GENERATED CONTENT
As between you and Jour au Soir, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, "User Content"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User
Content and the right not to have the User Content edited or changed in a way you are not happy with.
UTILIZING USER CONTENT
You grant Jour au Soir and its affiliates, representatives, hears and assigns the right to use any or all your
User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes. Jour au Soir may exercise these rights without notice to you and without paying any compensation to you. It may modify your User Content in its discretion.
Jour au Soir is not required to host, display, or distribute your User Content and we may remove or edit it at any time.
TERMS OF SALE
In order to contract with Jour au Soir you must be over 18 years of age and possess a valid PayPal Account or credit or debit card issued by a bank acceptable to us. Jour au Soir retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order with Jour au Soir you undertake that all details you provide to us are true and accurate, that you are an authorized user of the PayPal or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such change.
(a) Our Contract: When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability: While Jour au Soir will try to ensure that all details, descriptions and prices which appear on its Properties are accurate, errors may occur. In the event of a pricing mistake,
Jour au Soir may cancel orders up to the point of shipping. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is canceled and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable. You agree to pay all applicable taxes.
(c) Payment: The monies received from PayPal or upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased.
(d) Returns of Product: You may return the products you purchased from the Properties or this Site in accordance with our Customer Care policy, which is incorporated herein by reference for all purposes. A copy of our Customer Care policy is available on this Site.
DISCLAIMER AND LIMITATION OF LIABILITY
THE MATERIAL DISPLAYED ON THE PROPERITES IS PROVIDED “AS IS” OR “AS AVAILABLE WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY.
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW, JOUR AU SOIR AND ITS SUPPLIERS, CONTENT PROVIDERS AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THE PROPERTIES, THIS Site OR THE LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.
THIS DOES NOT AFFECT JOUR AU SOIR’S LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
RIGHTS IN MATERIALS
All the content contained on the Properties, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Jour au Soir. All such content and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Properties or any contents contained on the Properties without the prior written consent of Jour au Soir.
By registering with the Site you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Site in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at anytime.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the
Properties are registered and unregistered Trademarks of Jour au Soir (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits
Jour au Soir or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without the prior written consent of Jour au Soir.
We will enforce our Trademark rights to the fullest extent of the law.