II. USE OF THE WEBSITE
You agree to access and use the Website only for lawful reasons. You are solely responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of the Website. You are prohibited from using the Website in a way that:
- is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Tous Les Jours deems in its sole discretion to be inappropriate;
- violates any law, regulation, or court order;
- accesses, collects or stores personal information about others;
- violates or infringes the rights of anyone else, including, for example, another person’s right to privacy;
- impersonates any person, business, entity, or IP address (e.g., IP spoofing);
- involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
- is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
- gains or tries to gain unauthorized access to the Website, its computers and networks, or its user data, or that otherwise modifies or interferes with the use or operation of the Website ;
- imposes an unreasonable or disproportionately large load on Tous Les Jours or Tous Les Jours ’ business partners’ infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
- alters, damages, or deletes any content posted on the Website ;
- contains computer viruses or other disruptive, damaging or harmful files or programs; or
III. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to websites owned by other companies, including Amazon, Google, and social media websites such as Facebook and Twitter (“Suppliers”). These links are provided solely as a convenience to you . If you use these links, you will leave the Website. Tous Les Jours is not responsible for any of these third party websites or their content . If you decide to access any of the third party websites that are linked from the Website, you do so entirely at your own risk. In addition to other Suppliers, the Services are supported by services provided by Google. By using the Services, you agree to comply with all terms and notices as Google may provide, including without limitation as identified at the following links:
IV. LINKS TO WEBSITES OF TOUS LES JOURS’ AFFILIATES AND SUBSIDIARIES
Throughout the Website, Tous Les Jours will provide information about Tous Les Jours ’ domestic and foreign affiliates and subsidiaries (“Affiliates”) and provide links to each of Affiliates’ website. Each of Affiliates is an independent legal entity. From time to time, the term “CJ” may be used to conveniently refer to a group of companies that are tied together by their corporate history. Therefore, please do not mistake the companies by their use of the similar name CJ. In particular, no company with in CJ can accept or receive service of process on behalf of another. No company within CJ is legally liable for another unless specifically agreed to in writing to assume such liabilities. This site does not establish any nexus between any of the companies such that you can assume that they can be sued jointly or severally on behalf of another.
V. FEEDBACK SUBMISSION
If you submit a comment, suggestion or any other material (“ Feedback ”) to Tous Les Jours (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Tous Les Jours, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant to Tous Les Jours a non – exclusive right to use, display, reproduce, modify and distribute the Feedback in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, Tous Les Jours will have the right to use, copy, display, perform, distribute, modify and re – format Feed back in any manner that Tous Les Jours may determine. By submitting Feedback, you represent and warrant to Tous Les Jours that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
VI. OWNERSHIP OF INTELLE CTUAL PROPERTY
VII. DISCLAIMERS AND LIMITATION OF LIABILITY
1. Disclaimer of Liability
Neither Tous Les Jours, its brands, agents, employees nor contractors (including any party involved in creating, producing or delivering the website or their content) shall be liable to you or any other party for (i) any improper or incorrect use of the information describe d and/or contained herein or (ii) any consequential, indirect, incidental, special, or punitive damages (including without limitation those resulting from lost profits, lost data or business interruption) in connection with the website , even if Tous Les Jours, its brands, agents, employees or contractors are aware of the possibility of such damages. These limitations apply to all claims, including, without limitation, claims in contract and tort (such as negligence, product liability and strict liability). Some states do not allow the exclusion or limitation of incidental or consequential damages, so those particular limitations may not apply to you. Without limiting the foregoing, the website , including the content provided on t he website, are provided on an “as is, as available” bas is without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non – infringement.
2. Disclaimer of Accuracy of Content
Tous Les Jours makes no warranties or representations as to the accuracy, completeness or timeliness of the content provided on the Website. Tous Les Jours assumes no liability or responsibility for any errors or omissions on the Website. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any content. This disclaimer applies to both isolated and aggregate uses of the content.
VIII. APPLICABLE LAW
Any dispute arising out of your use of the Website or content from the Website shall be resolved according to the laws of the State of California, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts of the State of California shall have exclusive jurisdiction over all claims.
IX. INTERNET PRIVACY AND SECURITY
If any of the provisions of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of the remaining provisions. If any clause or provision set forth in these Terms is determined to be illegal, invalid, or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions. Only a specific, written waiver of any of the provisions of these Terms, signed by an authorized represented of Tous Les Jours , shall have any legal effect. You may not transfer any of your rights or obligations under these Terms in any way. All of Tous Les Jours’ rights and obligations under these Terms are freely assignable for any reason, including without limitation, in connection with a merger, acquisition, sale of assets, by of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in these Terms.
XII. CONTACT US
Effective Date: July 18, 2018