OVERVIEW
This website is operated by Tom COLLET. Throughout the site, we use the terms "we", "us" and "our" in reference to Tom COLLET. This website, including all information, tools and services available on it, is offered by Tom COLLET to you, the user, conditional on your acceptance of all the terms, conditions, policies and notices stated herein.
By visiting our Site and/or purchasing something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Use"), including the terms, conditions and policies referenced and/or hyperlinked herein. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Any new tools or features that are added to this website are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will constitute your acceptance of those changes.
Our website is hosted by LWS, an Ligne Web Services SAS company, which provides us with the hosting and services that keep the site running smoothly. The hosting is done in France.
.LWS, an Ligne Web Services SAS company, can be reached via mail at the following address:
10 Rue de Penthièvre, 75008 Paris, France
ARTICLE 1 - CONDITIONS OF USE OF THE WEBSITE
By accepting these Terms of Use, you represent that you are at or above the age of majority in your jurisdiction and that you have given us permission to allow any minor in your care to use this site.
You must not in any way use our products for any illegal or unauthorised purpose, or breach any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).
.You must not transmit any computer worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to refuse service at any time and for any reason.
You understand that your content may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made in order to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this Agreement are included for convenience only and shall not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain some historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to change the contents of this site at any time, but we are under no obligation to update any of the information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES TO THE SERVICE AND PRICES
We reserve the right to modify or terminate the Service (or any part thereof) at any time without notice.
We will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third party tools that we do not monitor, control or administer.
You acknowledge and agree that we are providing you access to these tools on an "as is" and "as available" basis, without any warranty, representation or condition of any kind and without any endorsement. We shall not be liable in any way for anything arising out of or relating to your use of the optional third party tools.
Any use by you of optional tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of the terms and conditions under which such tools are provided by the relevant third party provider(s) and to agree to those terms and conditions.
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 - THIRD PARTY LINKS
Some of the content, products and services accessible through our Service may include material from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we guarantee or assume any responsibility for the content or websites, or other content, products or services of third party sources.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions related to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
ARTICLE 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (e.g., as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Feedback"), you grant us the right, at any time and without limitation, to edit, copy, publish, distribute, translate and use in any media any Feedback you provide. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) compensate any person for any Comments provided; or (3) respond to any Comments.
7. We may, but are not obligated to, remove content and Accounts containing content that we, in our sole discretion, deem to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Use.
You agree that your comments must not infringe the rights of any third party, including copyrights, trademarks, privacy, personality or any other personal or intellectual property rights. You further agree that your comments shall not contain any unlawful, abusive or obscene material or any computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of any comments. You are entirely responsible for any comments you make and their accuracy. We do not accept any responsibility for comments posted by you or any third party.
ARTICLE 10 - PERSONAL INFORMATION
The transmission of your personal information on our website is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
There may be times when our site or the Service contains information that contains typographical errors, inaccuracies or omissions related to descriptions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.
We are not obligated to update, modify or clarify any information on the Service or any related website, except as required by law. No specific update or refresh date applied to the Service or any related website shall be defined to indicate that all information provided in the Service or on any related website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) to incite or participate in any unlawful act; (c) to violate any local ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or any third party's intellectual property rights; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, search or scan the web; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent security measures of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the Prohibited Terms of Use.
ARTICLE 13 - EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY
We do not guarantee, warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through it are (unless expressly stated by us) provided on an "as is" and "as available" basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Tom COLLET, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to loss of profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (including negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any service or product using the Service, or any other claim relating in any way to your use of the Service or any product, including but not limited to errors or omissions in any content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.
ARTICLE 14 - COMPENSATION
You agree to indemnify, defend and hold Tom COLLET and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents referenced herein, or your violation of any law or right of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 - CANCELLATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Use will remain in effect unless and until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine or suspect, in our sole discretion, that you are not complying or have failed to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice to you. You will then remain liable for all sums due up to and including the date of termination, whereupon we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRETY OF THE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use or any other operating policies or rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Use). Any ambiguity in the interpretation of these Terms of Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use, as well as any separate agreements whereby we provide you with the Services, shall be governed by and construed in accordance with the laws of 12, rue Saint-Jérôme, Lyon, Rhône, 69007, France.
ARTICLE 19 - CHANGES TO THE CONDITIONS OF USE
You can view the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time to see if any changes have been made. Your continued access or use of our website and the Service following the posting of changes to these Terms of Use constitutes your acceptance of those changes.
ARTICLE 20 - CONTACT DETAILS
Questions about the Terms of Use should be sent to us at contact@tomxcollet.com.
