Terms and conditions of use
of peclersplus website and services
Article 1: Purpose and scope
1.1 PeclersParis, a French “société par actions simplifiée” with a share capital of EUR 39,000.00, and registered under identification number 702 016 841 (RCS Paris) and having its registered office 23, rue du Mail 75002 Paris is the owner of the website www.peclersplus.com (the "Service," "Website" or "Site"). Access to and use of this Website and of the digital PeclersParis trend books, information, materials and services available through this Website are subject to applicable laws and regulations as well as to these terms and conditions of use.
1.2 Access to and use of the Website is reserved to PeclersParis customers who subscribed to the Service via registration on the online subscription application form accepted by PeclersParis (the “License”). Through this registration, the customer (the “Licensee”) is granted limited numbers of log-in for a limited number of people either employed or acting for the Licensee (the “Authorized Users”). The Licensee shall ensure that access to the Website is limited to Authorized Users only and protect such access from unpermitted use. The Licensee shall notify PeclersParis of any such unpermitted use of which it learns or is notified and shall cooperate with PeclersParis in resolving problems of unpermitted use.
1.3 In these terms and conditions of use, "you" or “Authorized User” includes both you individually as duly authorized by Licensee and the Licensee itself.
1.4 By clicking on the "accept" button, you confirm acceptance of these terms and conditions of use and more particularly the limitation of liability set out herein. Such acceptance is on your own behalf and on behalf of Licensee that employs you or that you represent in relation with the use of the Website. If, after having carefully read these terms and conditions of use, you do not accept their content, you should click on the "reject" button and exit this Website immediately. By continuing to use this Website, you agree to be bound by these terms and conditions of use (as varied from time to time) for your initial use and all future uses of the Site.
1.3 You acknowledge that the Website is designed for use by businesses only, in the course of their professional activities, to the exclusion of any consumers or individuals acting for their own and personal needs.
1.4 PeclersParis may update the present terms and conditions of use from time to time. The latest version will be posted on the Website and will be automatically applicable. It is your responsibility to regularly review them on the Website to ensure that you have an understanding of the current terms and conditions of use under which you are permitted to access this Website.
Article 2: License and authorised use
2.1 PeclersParis grants the Licensee a non-exclusive, non-sub licensable, terminable, revocable, non-transferable license (the "License") to access the Website.
2.2 The Licensee shall be responsible for issuing and terminating passwords within its control and verifying the status of Authorized Users.You represent and warrant that you are an Authorized User and that you will access and use the Service in accordance with these terms and conditions of use.
2.3 Licensee and you are responsible for maintaining the confidentiality and security of log-on data ("Password" and "User ID"). You should not provide access to the Website to anyone else. You understand and agree that the License and your personal Password and User ID are granted to you individually and may not be shared with any other person unless authorized in writing by PeclersParis.
2.4 Licensee and/or you shall promptly notify PeclersParis of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of Password or User ID.
2.5 The Licensee and/or you undertake to notify PeclersPairs in any case where the Authorized User (i) ceases to work as employee of the Licensee or as representative or service provider for the Licensee for whatever reason, (ii) changes its conditions of use or the initial purpose (IP address for example) or (iii) without ceasing to work for the Licensee is allocated to another mission for which use of the Website is not justified.
2.6 You agree to use your best efforts to ensure that no one else learns your User ID or Password or otherwise has access to them, including your support staff or other representatives of your organization. PeclersParis may block your access to the Website without notice if PeclersParis becomes aware of any breach by you or your representatives of these terms and conditions of use, including any unauthorized use of your User ID or Password.
Article 3: Use of and access to the website
3.1 The Website provides for the following key functionalities:
Sharing of images and moodboards;
Downloading of images;
Creation of moodboards;
Downloading of color palettes.
3.2 While using the Service, you may not:
post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable 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
knowingly or intentionally post or transmit any information or software that contains a virus, trojan horse, worm or other harmful component (a "Harmful Component") (notwithstanding the foregoing, you agree to continuously use up-to-date, industry standard virus detection devices to ensure that you do not transmit any Harmful Component to the Website); or
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
make the Website or your User ID or Password available to any other person; or
de-compile, reverse engineer, disassemble, rent, lease, loan, sublicense and create derivative works from the Website; or
use or otherwise access the Site in violation of any national or international laws, ordinances, rules, and regulations; or
circumvent or attempt to circumvent any security protocol on the Web Site, whether knowingly, inadvertently or intentionally.
Article 4: Intellectual property rights
4.1 For the purpose of the present terms and conditions of use, the term "Intellectual Property Rights" shall mean all patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs and models rights in computer software, database rights, author’s rights, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
4.2 The Website contains and displays elements such as graphic, visual or textual elements and illustrations (the "Elements"), all protected Intellectual Property Rights, the holders or owners of which are either PeclersParis or third parties.
4.3 Insofar as possible, PeclersParis identifies the authors and/or holders of these Intellectual Property Rights in the bibliography attached to or displayed with each material or Element accessible. Should you recognise one of these Elements over which you may exercise rights and which are not completely identified or unidentified, PeclersParis shall remain available to receive such a claim.
4.4 Under no circumstances can the failure to mention the holder or the author be considered as rendering the Intellectual Property Rights free from exploitation. The rights of use, representation and reproduction over these Elements shall continue to be held by PeclersParis or by the holders of the rights as specified.
4.5 Except for some Elements contained in the Website, PeclersParis is the sole owner and/or authorized user of all Intellectual Property Rights in the Website and the content and information on the Website, including but not limited to the "look and feel" of all screens appearing on the Website and all software (including source code and object code) downloadable or otherwise used from the Website, including without limitation, the information management software enabling you to access the Elements.
4.6 The Elements of the Website can be used for internal needs of the Licensee only. Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorisation of the rights holders.
4.7 PeclersParis reserves the right at any time to suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice. You agree that PeclersParis shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
Article 5: Privacy
5.1 By agreeing to these terms and conditions of use, you acknowledge you have read and understood the terms of our privacy statement as displayed in the legal disclaimer available at peclersplus.com/disclaimer and that you agree with it. With the exception of Personal Data (as defined in our Privacy Statement), any communication or material you post or transmit to us over the Internet is, and will be treated as, non-confidential and non-proprietary.
5.2 Upon the transmission of any Personal Data to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our privacy statement.
Article 6: Limitation of liability
6.1 The Service is provided "as is," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the Service. By using this Website, including any applets, software, and content contained therein, you agree that use of the Service is entirely at your own risk.
6.2 You acknowledge and agree that you: (a) must provide for your own access to the Internet and pay any service fees associated with such access, (b) must provide all equipment necessary for you to make such connection to the Internet, and (c) may be required to download and install additional software plug-ins or applications in order to use certain features or access certain information contained on the Site.
6.3 PeclersParis does not warrant that (i) the Website, the content and Elements offered shall fully meet the Licensee’s or User's expectations, (ii) the Website shall be uninterrupted and free from all errors, or that (iii) the Website shall not contain any viruses. Neither PeclersParis nor any of its employees, agents, successors, assigns, affiliates, or service providers shall be liable to you or any other third party for any losses and expenses of whatever nature and howsoever arising including, without limitation, direct, indirect, incidental, special or consequential damages, loss of use, loss of data and content, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character arising out of use of the Service.
6.4 The use of the Website shall not confer any rights. All rights used or represented on the Website shall remain PeclersParis’ and/or third parties’exclusive property and cannot be reproduced, disseminated, sold, marketed or used for other than in-house business operations of Licensee without the prior and written agreement of PeclersParis.
6.5 You acknowledge and agree that PerclersParis has no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by PeclersParis of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. If you decide to leave the Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
6.6 Information in the many web pages that are linked to the Website comes from a variety of sources. Some of this information comes from unofficial or unaffiliated organizations and individuals. PeclersParis does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that PeclersParis shall not be responsible or liable, directly or indirectly, for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services or other materials available on such external sites or resources.
6.7 Specifically, PeclersParis disclaims any and all warranties, express, implied, statutory or otherwise, to the fullest extent permitted by applicable law, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of information, documents, products or services on this site; (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose; (3) any warranties relating to delays, interruptions, errors, or omissions in the operation of this site or any part of it; (4) any warranties relating to the transmission or delivery of this site or its availability at any particular time or location; and (5) warranties relating to websites to which this site is linked. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Article 7: Suspension or termination of access
7.1 Access to the Website is granted to the Licensee for a determined period defined under the online subscription application form accepted by PeclersParis.
7.2 Upon expiration of this period, your access to the Website will immediately terminate without notice from PeclersParis.
7.3 Suspension or termination can occur should PeclersParis identify or believe, in its sole discretion, that you have violated any of these terms and conditions of use. Upon termination of your access to the Website for whatever reason you agree to: (i) immediately cease all access to and use of the Website through any means and (ii) promptly destroy all items pertaining to the Service, including without limitation, all copies of screens, all documents and your User ID and Password.
7.4 In case of any failure to comply with the terms and conditions of use, PeclersParis shall be entitled to claim compensation to you personally and/or to the Licensee.
Article 8: Dispute/applicable law
8.1 These terms and conditions of use and relationship between you and PeclersParis are governed by French law.
8.2 The Paris Commercial Court has sole jurisdiction for any dispute relating to the access and use of the Website and to these terms and conditions of use.