lestechmondes.com

Terms of Use

Introduction

Your use of this website (“Website”), and your participation as a Client confirms your acknowledgment and acceptance of these Terms and Conditions (“Terms”), our current Privacy Policy, and other notices and agreements posted on this website, including but not limited to our current Frequently Asked Questions webpage. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our Website or participate as a Client. We suggest you print a copy of each of these documents for your records.

Les Techmondes and this website (individually and collectively “the Company”), shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms and Conditions without notice or liability to you. Any changes to these Terms and Conditions shall be effective immediately following the posting of such changes, and your continued use of the website and participation as a Client constitutes your acceptance of all such changes.

IN USING THE WEBSITE AND PARTICIPATING AS A CLIENT, YOU ARE AFFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER.

YOUR USE OF THE WEBSITE AND SERVICES OFFERED BY COMPANY IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE AND SERVICES AT ANY TIME AND IN ITS SOLE DISCRETION WHENEVER IT DEEMS THAT THE USE OF THE WEBSITE AND SERVICES IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS AND CONDITIONS.

Except for the warranties contained in these Terms, the following disclaimers apply.

Use of Website and Services

Your use of the Website and Services are for your personal or internal business purposes only. Among other things, you are not permitted to:

Copy (whether by printing onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, aggregate, alter or tamper with, reproduce, duplicate, sell, resell or exploit for any purposes in any way, or otherwise use the Services or any material contained in the Services for your own or any third party purposes.

Remove any copyright, trademark or other intellectual property notices for any reason or for any purpose.

Use or launch any automated system, including without limitation, “spiders,” “robots”,” offline readers,” etc., that accesses the Services.

Use proxies or proxy servers to bypass to interfere or attempt to interfere with the proper workings of the Services.

Collect or attempt to collect any information of others, including passwords and account information, or provide to or transmit through the Services any material that is unlawful or violates the rights of others.

Upload or store files and information related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially offensive.

Sell, modify, reproduce, display, publicly perform, distribute, or otherwise use the Services or any portions thereof, in any manner for any public, commercial or non-commercial purpose.

Notwithstanding the foregoing, The Company grants the operators of public search engines permission to use spiders and robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases.

Client’s Information

You are solely responsible for the data and information you input or upload and warrant and represent that such information is true, current, correct, and accurate, and that all such information will be maintained, updated, and kept current. The Company reserves the right in its sole discretion to decide whether the data and information you input or upload to the website is appropriate and complies with these Terms and Conditions and other of the Company’s policies.

When you register for the Website, you will be asked to provide Company with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms that may be set forth in any Privacy Policy, you understand and agree that Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is required.

Registration and Password

You are responsible for maintaining your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password. Your username and password may not be transferred or assigned.

Use of Website Content

For all visitors to the Website, the content on the Website represents the information as at the date of publication. As conditions change, the Company reserves the right to alter and update the content to reflect the new conditions.

The Company is not responsible if information made available on the Website is not accurate, reliable, complete, timely, or current. Any reliance upon the material on this Website is at your own risk. The Company reserves the right to modify or update the contents of the Website at any time, but has no obligation to do so.

Payments

The Company makes no representation that its billing system will operate error-free, and the Company shall not be liable for any miscalculations or malfunctions in its billing system. Any complaints about billing or the billing system shall be made within thirty (30) days of discovery.

For projects under $100 the Company offers a money-back guarantee if notified of the Client’s refund request within five (5) days of Client’s receiving the final content. For projects over $100 the Company will refund up to $100.

Intellectual Property

Les Techmondes and any other Company trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company, and any unauthorized use of such trademarks and trade names is unlawful.

This website (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Company and is protected by copyright laws of United States and other countries. The Company reserves any rights not expressly granted to you. You may not sell or modify the website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public, commercial, or non-commercial purpose. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited.

As between Client and Company, all rights, in whole or in part, to Client’s services shall be the sole property of Company and may be exhibited, used and/or exploited, in whole or in part, in perpetuity, throughout the world, in any manner and through any media, whether presently in existence or subsequently devised, as Company may elect.

Upon Client’s full and complete payment, the Company shall assign all rights and interests, including but not limited to copyrights, to the Work, and Client shall have the sole and exclusive rights to such Work in perpetuity throughout the world.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Les Techmondes a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Les Techmondes the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Les Techmondes or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Les Techmondes reserves the right to edit or remove any material submitted to this website, or stored on the servers of Les Techmondes, or hosted or published upon this website.

Les Techmondes's rights under these terms and conditions in relation to user content, Les Techmondes does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Links

This website may contain links to other sites and banner ads that take a visitor to another website.  Please be aware that the Company is not responsible for the content or terms of use of such other sites. Users are encouraged to be aware of the specific content on the other websites when they leave this site and to read the applicable terms of use and other website requirements.

DISCLAIMERS

COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT TOTALLY SECURE, AND ARE SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE COMPANY TAKES COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY COMPANY OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.

COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE DATA AND INFORMATION YOU HAVE UPLOADED TO THE WEBSITE OR SUBMIT VIA ELECTRONIC COMMUNICATION, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FOR FAILURE TO STORE ANY FILES OR INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF FILES OR INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE DATA AND INFORMATION TRANSFERRED TO THE WEBSITE.

YOU ARE RESPONSIBLE FOR ENSURING THAT THE CONTENT YOU INPUT ON THIS WEBSITE IS ACCURATE AND APPLICABLE TO YOUR PERSONAL SITUATION. NEITHER THE SOFTWARE PROVIDED NOR THE COMPANY CAN VERIFY YOUR INPUT AND THEREFORE CANNOT BE LIABLE FOR THE INACCURACY OR UNSUITABILITY OF CONTENT INPUTTED BY YOU.

YOU UNDERSTAND THAT YOUR INFORMATION WILL BE STORED, PROCESSED, AND BE ACCESSIBLE FOR RETRIEVAL FROM THE COMPANY’S WEBSITE, AND YOU CONSENT TO SUCH STORAGE, PROCESSING, AND RETRIEVAL.

COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A CLIENT IN CONNECTION WITH PROVISION OF ANY SERVICES OR INFORMATION PROVIDED BY YOU. YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY USER WITH WHOM YOU HAVE CONTACT THROUGH THIS WEBSITE, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND REPRESENTATIVES IN CONNECTION WITH ANY SUCH CLAIM AND ANY RESULTING DAMAGES OR EXPENSES.

THE COMPANY DOES NOT WARRANT THAT YOU WILL ATTRACT CLIENTS FOR YOUR SERVICE OR THAT YOU WILL GENERATE ANY REVENUE THROUGH USE OF THIS WEBSITE OR COMPANY’S SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY, NOR ITS CLIENTS, OR ANY OF ITS SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR (I) ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA; AND (II) OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR ANY RECEIVED WORK OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $50.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR LIABILITY

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS OR YOU BREACH ANY TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM THAT DISRUPTION.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE COMPANY’S WEBSITE OR SERVICES; (II) ANY MATERIAL YOU PROVIDE TO THE COMPANY’S WEBSITE THAT IS INACCURATE OR UNTRUE, (III) ANY WEBSITE CONTENT THAT YOU USE OR (IV) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, AND/OR REPRESENTATIONS AND WARRANTIES. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.  THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

Breach of Agreement

Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration and your ability to access this Website, and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use, or if the Company is unable to verify or authenticate any information you submit to the Website. Upon such action undertaken by Company, Company in its sole discretion, may, among its other legal remedies, retain any unused Client fees.

Additional Terms and Conditions

These Terms and Conditions, the website’s Privacy Statements, and other relevant documents and agreements constitute the entire agreement between you and Company with respect to the use of the Website, Services, or Work. No changes to these Terms of Conditions shall be made except by a revised posting on this page.

The Company makes no claims that the website content may be lawfully viewed or accessed in any specific country. Access to the Website content may not be legal by certain persons or in certain countries. When you access the Website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and Conditions are personal to the Client and none of the obligations or responsibilities of the Client may be assigned. The Client may terminate their relationship with the Company upon ten (10) days’ written notice, provided that Client is responsible for the completion of any pending writing assignment.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in the State of New York in connection with any action arising out of or related to these Terms and Conditions or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.

If any court having competent jurisdiction holds any provision of these Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect.

No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms and Conditions.