1. Agreement to Terms of Use
These Terms of Use (“Terms of Use”) apply to the Metzcal web site located at www.metzcal.com and all associated sites linked to www.metzcal.com (collectively, the “Site”). The Site is the property of Pascal Gros. (the “Author”).
IF YOU DO NOT AGREE DO NOT USE THE SITE.
The Author reserves the right, at its sole discretion, to modify, add or remove portions of these Terms of Use, at any time. It is your sole responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
2. Content
All text, graphics, photographs, logos, sounds, music, artwork and computer code (collectively, “Content”), including the design, structure, and arrangement of such Content, contained on the Site is owned by the Author or licensed to the Author by third parties and is protected by copyright and trademark laws and other intellectual property rights and laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without the Author’s express prior written consent.
You may use information on products and services, such as data sheets, knowledge base articles, and similar materials, purposely made availablefor downloading from the Site, provided that you:
(1) Not remove any proprietary notice language in all copies of such documents.
(2) Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media.
(3) Make no modifications to any such information.
(4) Not make any additional representations or warranties relating to such documents.
3. Use of the Site
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Author reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any hosting server, or to any of the services offered on or through the Site, by hacking or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Metzcal to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any systems or networks connected to the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Author on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Author or others.
4. Purchase and other Terms of Use
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
The Author’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
The Author may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and the Author makes no commitment to update the materials on the Site with respect to such products and services.
5. Links to other sites
This Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to the visitors. Such Linked Sites are not under the Author’s control, and the Author is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
6. Feedback
Any feedback you provide at this site shall be deemed to be non-confidential and the Author shall be free to use such information on an unrestricted basis.
7. Disclaimers
THE AUTHOR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE AUTHOR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE AUTHOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE AUTHOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE AUTHOR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Author reserves the right to do any of the following, at any time, without notice:
(1) To modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason.
(2) To modify or change the Site, or any portion of the Site, and any applicable policies or terms.
(3) To interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Nigricolis be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Author has been advised of the possibility of such damages.
8. Limitation of Liability
If, notwithstanding the other provisions of these Terms of Use, the Author is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, the Author’s liability shall in no event exceed the total of any purchase price for any products paid in the six months prior to the date of the initial claim made against the Author.
9. Indemnity
You agree to indemnify and hold the Author, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses or attorneys’ fees, made against the Author by any third party due to or arising out of or in connection with your use of the Site.
10. Violation of these Terms of Use
The Author may disclose any information we have about you, including your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing intentionally or unintentionally injury to or interference with the Author’s rights or property, or the rights or property of visitors to or users of the Site, including Metzcal customers. The Author reserves the right at all times to disclose any information that he deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Author also may disclose your information when he determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that the Author may preserve any transmittal or communication by you with him through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or the Author determines that such preservation or disclosure is reasonably necessary to:
(1) Comply with legal process
(2) Enforce these Terms of Use
(3) Respond to claims that any such data violates the rights of others
(4) Protect the rights, property or personal safety of the Author, its employees, users of or visitors to the Site, and the public.
If the Author does take any legal action against you as a result of your violation of these Terms of Use, the Author will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Author.
11. Void where prohibited
Although the Site is accessible world-wide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. The Author reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
12. Dispute resolution
In the event of any controversy or dispute between the Author and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, then the parties shall be free to pursue any right or remedy available to them under applicable law.
13. Governing Laws
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of France without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts in France, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and the Author with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Apple with respect to such use are hereby superseded and cancelled. The Author will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Author’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Author of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Author and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
