The goal of this policy is to establish the conditions of use for the CINQUIEME SENS INC website, and to ensure appropriate use of the content distributed and the services offered therein. It also aims to establish an individual and collective comportment that conforms to the standards of Cinquième Sens Inc., its partners and the applicable legislation.
WARNING: THE USE OF CINQUIEME SENS INC WEBSITE CONSTITUTES AN ACCEPTANCE OF THESE TERMS AND CONDITIONS. IN CASE OF DISAGREEMENT, PLEASE LEAVE THIS SITE IMMEDIATELY.
1. Right to Limited Use of Internet Site
1.2 The Content may be in the form of information, text, facts, images, graphics, icons, registered or unregistered trademarks, illustrations, photographs, audio clips, musical sounds, pictures, videos, software, or other current or upcoming forms and formats. When you use this site, you must respect the intellectual property rights of Cinquième Sens Inc.and its beneficiaries.
1.3 All unauthorized use of the Content may consist of a violation of copyright law, trademark law and, more generally, laws concerning intellectual property, privacy, publicity, communications and other regulations. Furthermore, all unauthorized use may cause you to face personal or penal liability.
1.4 Cinquième Sens Inc.expressly declines all responsibility for unauthorized use of Cinquième Sens Inc.and its contents.
2. Copyright / Intellectual Property
2.1 Cinquième Sens Inc.and the whole of its constituents and Content are protected by copyright law and international treaties on copyright and Intellectual Property.
2.2 Unless stipulated in the present user Contract or within the text of the Site, you are not authorized to reproduce, distribute, publish, transmit, modify, adapt, translate, post, distribute, sell, grant under license, make public, create derivative works based on the Content, nor to use or otherwise exploit this Content in any commercial manner.
2.3 You may download a copy of excerpts from the Content for temporary storage on your personal computer, exclusively for the purposes of viewing them or using them individually and in a capacity which is not commercial, political, and offline, only if you neither erase nor modify any mention of copyright, trademark or other mention of intellectual property.
2.4 This limited user license confers upon the user no material or intellectual property rights over the whole or any part of the Content. Other than as mentioned above, no element of this user contract may be interpreted as bestowing upon the user (by implication, debarment or in any other way) such a license or right over the whole or any part of the Content, in accordance with copyright or all other intellectual property rights.
3.1 Trademarks, logos and service-marks posted on this site are the exclusive property of Cinquième Sens Inc.and third parties. The trade dress and interfaces on the site are the exclusive property of Cinquième Sens Inc.(collectively: the “Brands”). All Brands not owned by Cinquième Sens Inc.are the property of their respective owners, and are used by Cinquième Sens Inc.with the permission of the latter.
3.2 Nothing on this site may be interpreted as conferring - by implication, debarment or in any other way - any right or user license for any Brand without formal written permission from Cinquième Sens Inc.or from a third party rights holder.
4.1 The use of the Site and its services is undertaken at the user’s own risk. The internet site and services therein are available to the user “as is.”
4.2 We formally decline all responsibility for all and any part of any kind of guarantee/warranty, explicit or implicit, including but not limited to implicit guarantees concerning commercialization, the appropriateness of a particular use or the absence of forgery.
4.3 We do not guarantee that (a) this internet site or its services will meet the user’s needs; (b) this internet site or its services will be fast, reliable, without error or exempt from interruptions; (c) your use of the internet site and services will have a specific result; or that (d) the quality of the products, services, information or other elements obtained via this internet site (including resources and data from third parties) will comply with any legislation or will meet your expectations.
4.4 You will take full responsibility for any loss of data and any damage caused to your computer system and other components through the use of Cinquième Sens Inc.
4.5 Cinquième Sens Inc. expressly denies responsibility for the conduct of any other member.
4.6 The notices of liability in this paragraph are an integral part of the contract which gives you use of the site. It is possible that certain jurisdictions do not allow these notices of non-responsibility. It is also possible that certain of the notices mentioned here do not concern you. If you do not accept the terms and conditions of this article, you must leave this internet site immediately and without using it in any way.
5. Limitation of Liability
5.1 Despite all efforts made to deliver quality content to the user of this Site, it is possible that certain inaccuracies or typographical errors may appear. In no case can Cinquième Sens Inc. and its partners be held responsible for the occurrence of such errors.
5.2. Unless otherwise stipulated, the articles, reviews, or other texts submitted by a visitor to the site (hereafter referred to as “Submitted Material”) and displayed on this Site reflect the personal opinions of the authors exclusively and these are not shared by Cinquième Sens Inc. or its partners. In no case can Cinquième Sens Inc. and its partners be held responsible for the Content or for the Submitted Material displayed on this Site.
5.3 This Site contains hyperlinks to websites operated or owned by third parties. Cinquième Sens Inc. and its partners offer no guarantee in regards to these websites and may in no case be held responsible for the content displayed or services offered therein.
5.4 Cinquième Sens Inc. and its partners reserve the right to modify the Site’s content or to interrupt access at their discretion and without prior notice, including the right to cease all activity on the Site with or without prior notice, without any responsibility to the visitor.
5.5 This Site, its content and the services offered therein are provided “as is” and “as available.” Cinquième Sens Inc. and its partners make no representations or warranties nor implicit or explicit guarantee regarding the functioning of this Site or the services offered therein.
5.6 The user is responsible for the use of any special offer given. Any problem that may arise following the use of the special offer is the sole responsibility of the user. In no case may s/he seek compensation/indemnity from Cinquième Sens Inc., from Apple or the company/establishment for damages related to the misuse or abuse of said special offer.
You accept to indemnify, to defend and to release from responsibility Cinquième Sens Inc., its directors, employees, agents and representatives, commercial partners, license granters, for all requests/demands [damages and interest], debt, cost and spending (including lawyer’s fees) related to all complaints, trials, lawsuits, motions or proceedings introduced or undertaken against any party, stemming from your use of Cinquième Sens Inc..
7. Revisions and Updates to the Internet Site and the User Contract
Cinquième Sens Inc. may, at its sole discretion, make changes to any aspect of the Site, including its Content, all activity available on the Site, as well as to any product or service offered by the intermediaries of the site. Cinquième Sens Inc. may also, at its sole discretion, revise the present User Contract by updating or modifying the document - and the revised conditions will take effect from the date of their posting on the site onward. Your continued use of the Site after the implementation of such modifications is subject to your acceptance of these modifications.
8. Cinquième Sens Inc.’s Hyperlinks to and from third-party sites
8.1 It is possible that the Site will contain links to or from third-party sites (“linked Sites”), in particular sites managed by advertisers, license granters, and Cinquième Sens Inc.’s publicity and commercial partners. Cinquième Sens Inc. cannot control the content of these linked Sites, and Cinquième Sens Inc. is not responsible for verifying or validating the linked Sites.
8.2 Cinquième Sens Inc. does not support, endorse, or sponsor the linked Sites, nor any message, advertisement, information, document, product, service or other component available on said sites, and Cinquième Sens Inc. declines all responsibility in this regard.
9. Banners, Ads and Special Offers
Cinquième Sens Inc. reserves the right to post banners, ads, special offers and similar content on this Site. All interaction, correspondence and business relationship you have with an advertiser or a third-party via this site (including via hyperlinks) is exclusively between you and said third party (including, in particular, questions relative to the content of ads by these third parties, payments, delivery of merchandise and their guarantees) and Cinquième Sens Inc., as a third party to these business relations and transactions, assumes no express or implicit responsibility in this regard.
10. Autonomy of Contract
If a certain clause in this User Contract is judged invalid, null or inapplicable for any reason, it will be considered autonomous and separable and will in no way affect the validity or the application of the other clauses of the User Contract. These will remain fully valid as though the invalid, null or inapplicable clause had never existed.
11.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.
11.2 Correspondence should be sent to firstname.lastname@example.org