GAELPARFAITE.COM

TERMS OF USE

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, https:// www.gaelparfaite.com (Our Site). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

  1. Account: means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;
  2. Content: means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
  3. Our Site: means this website, https:// www.gaelparfaite.com and a reference to Our Site includes reference to any and all Content included therein (including User Content, unless expressly stated otherwise);
  4. User: means a user of Our Site;
  5. User Content: means text, images, audio, video submitted by Users to Our Site; and

2. Information About Us

Our Site, gaelparfaite.com, is owned and operated by GAEL PARFAITE, 3205 Sirocco Tower 32 Harbour Way, London E14 9UA.

3. Access to Our Site

  1. Access to Our Site is free of charge.
  2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.Access to Our Site is provided as is and on an as available basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

  1. Certain parts of Our Site (including the ability to submit User Content) may require an Account in order to access them. A User Account is created automatically when a User first login to Our Site.
  2. You may not create an Account if you are under 18 years of age.
  3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
  4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
  5. You must not use anyone elses Account.
  6. Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
  7. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
  8. If you close and delete your Account, any User Content you have submitted to Our Site will also be deleted and the licence granted to Us under sub-Clause 6.5 will be terminated.

5. Intellectual Property Rights and Our Site

  1. With the exception of User Content (see Clauses 6 and 7), all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
  2. Subject to the licence granted to Us under sub-Clause 6.5, Users retain the ownership of copyright and other intellectual property rights subsisting in User Content submitted by them (unless any part of such User Content is owned by a third party who has given their express permission for their material to be used in the User Content).
  3. For personal use only, you may:
    1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
    2. Download any Content where we have provided a link enabling you to do so;
    3. Download Our Site (or any part of it) for caching;
    4. Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
    5. Save pages from Our Site for later and/or offline viewing;
    6. View and use User Content in accordance with the permissions set out in Clause 7;
  4. You may not use any Content (including User Content) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate.
  5. You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
  6. Subject Clause 7 (governing User Content) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so.
  7. Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.

6. User Content

  1. User Content on Our Site includes but is not necessarily limited to Photos, video, text, downloadable files.
  2. An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
  3. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 8.
  4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
  5. You or your licensors, as appropriate retain ownership of your User Content and all intellectual property rights subsisting therein. By submitting User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site.
  6. If you wish to remove User Content, you may do so by contacting us. We will use reasonable efforts to remove the User Content in question from Our Site. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
  7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7. Intellectual Property Rights and User Content

  1. User Content included on Our Site and the copyright and other intellectual property rights subsisting in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
  2. We take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content submitted to Our Site. Despite such measures, We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.
  3. Unless a particular User expressly states otherwise, the identity and ownership status of Users and User Content must always be acknowledged.

8. Acceptable Usage Policy

  1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 8. Specifically:
    1. you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
    2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
    3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
    4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
  2. When submitting User Content or communicating in any other way using Our Site, you must not submit, communicate or otherwise do anything that:
    1. is sexually explicit;
    2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
    3. promotes violence;
    4. promotes or assists in any form of unlawful activity;
    5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
    6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    7. is calculated or otherwise likely to deceive;
    8. is intended or otherwise likely to infringe or threaten to infringe another persons right to privacy or otherwise uses their personal data in a way that you do not have a right to;
    9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
    10. implies any form of affiliation with Us where none exists;
    11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
    12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  3. We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
    1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
    2. remove any of your User Content which violates this Acceptable Usage Policy;
    3. issue you with a written warning;
    4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    5. take further legal action against you as appropriate;
    6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
    7. any other actions which We deem reasonably appropriate and lawful.
    8. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

10. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

11. Advertising

  1. We may feature advertising on Our Site and We reserve the right to display advertising on the same page as any User Content.
  2. You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
  3. We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

12. Disclaimers and Legal Rights

  1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
  2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
  3. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us that is not User Content damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
  4. We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.
  5. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

13. Our Liability

  1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is User Content) included on Our Site.
  2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including User Content) included on Our Site.
  3. Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
  4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 12.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content including User Content from it or any other site referred to on Our Site.
  5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
  6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.

14. Viruses, Malware and Security

  1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.4.
  2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
  3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
  4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
  5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  6. By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

15. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from Privacy Policy. These policies are incorporated into these Terms and Conditions by this reference.

16. Data Protection

  1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (GDPR) and your rights under the GDPR.
  2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purposes for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy click here.

17. Communications from Us

  1. If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
  2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 21 business days for your new preferences to take effect.
  3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us.

18. Changes to these Terms and Conditions

  1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
  2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

19. Contacting Us

To contact Us, please email Us at email@gaelparfaite.com.

20. Governing Law

  1. These Terms shall be governed and construed in accordance with the laws of England & Wales, without regard to its conflict of law provisions.
  2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

9. Links to Our Site

  1. You may link to Our Site provided that:
    1. you do so in a fair and legal manner;
    2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
    3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
    4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
  2. You may not link to any page other than the homepage of Our Site, https:// www.gaelparfaite.com. Deep-linking to other pages requires Our express written permission.
  3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
  4. You may not link to Our Site from any other site the content of which contains material that:
    1. is sexually explicit;
    2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
    3. promotes violence;
    4. promotes or assists in any form of unlawful activity;
    5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
    6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    7. is calculated or is otherwise likely to deceive;
    8. is intended or is otherwise likely to infringe or to threaten to infringe another persons privacy;
    9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
    10. implies any form of affiliation with Us where none exists;
    11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
    12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  5. The content restrictions in sub-Clause 9.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 9.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
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