Terms and Conditions
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEBSITE ("TOS") BEFORE USING THIS SITE. By continuing to access, link to or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS. Ruby et Violette ("ReV") reserves the right to amend, remove or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to or using this site. Your access, link to or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to or use the site. Any terms and conditions proposed by you which are in addition to or conflict with the TOS are expressly rejected by ReV and shall be of no force or effect.
A. General Terms
1. User Consent to the TOS. YOU REPRESENT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TOS.
2. Intellectual Property.This website, including but not limited to text, content, photographs, video, audio, graphics, software and goods (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You agree to notify ReV in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service shall, as between you and ReV, at all times be and remain the sole and exclusive property of ReV. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to ReV for its exclusive use. Except as specifically permitted by the TOS, you may not copy (e.g., through the use of web crawling or spidering tools, etc.) or make any use of the Service or any portion thereof.
3. Restrictions on Use. YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TOS. YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF, ANY OTHER PERSON OR ENTITY. YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE OR DISPOSE OF ANY INFORMATION CONTAINED IN THE SERVICE IN ANY MANNER THAT COULD COMPETE WITH THE BUSINESS OF REV. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE.
4. License. (i) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by ReV ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you. (ii) All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to ReV through the Service or otherwise will become and remain the exclusive property of ReV, including any future rights associated with such submissions, even if the TOS are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge ReV's unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means ReV has no obligation to keep your submissions confidential.
5. Registration and Account Creation.As part of the registration and account creation process necessary to obtain access to certain portions of the Service, you will select a username and a password. You will provide ReV with certain registration information, all of which must be accurate, truthful and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that ReV, in its sole discretion, deems offensive or inappropriate. ReV reserves the right to deny creation of your account based on ReV's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify ReV, at email@example.com, 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 of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. ReV reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by submitting such a request to firstname.lastname@example.org. You are responsible for all charges incurred in connection with your using or accessing the Service up to the time the account is terminated. Notwithstanding anything else herein, ReV reserves the right to pursue any and all claims against any user of your account.
6. Disclaimer and Limitation of Liability. (i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT REV MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(ii) ReV does not warrant that the Service is or will be compatible with your equipment or that the Service, or e-mail sent by ReV or its representative, is or will be free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive or corrupted files, and is not liable for any damage you may suffer as a result of such destructive elements. You agree that ReV or its affiliates, designated service providers, suppliers, agents, directors, officers, employees, representatives, successors and assigns shall have no responsibility or liability for: (a) any injury or damages, whether caused by the negligence of ReV or affiliates, designated service providers, suppliers, agents, directors, officers, employees, representatives, successors and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against ReV by any other party; or (b) any fault, inaccuracy, omission, delay or other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other websites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by ReV. ReV is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the Service. ReV does not: (x) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (y) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Service; or (z) make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the Service. ReV is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media or equipment you use to access the Service. You understand that ReV and its designated service providers may choose at any time to inhibit or prohibit the Service from being accessed under the TOS.
(iii) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL REV, ITS SUPPLIERS, AFFILIATES, DESIGNATED SERVICE PROVIDERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF REV HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL REV'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOU ACCESSING THIS WEBSITE.
7. Your Authority to Agree to this TOS. You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
8. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless ReV, its suppliers, affiliates, designated service providers, agents, directors, officers, employees, representatives, successors and assigns from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' and experts' fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use, or use by someone else using your computer, of the Service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); or (vi) any misrepresentation or breach of representation or warranty made by you contained herein. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. ReV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ReV in asserting any available defense. You acknowledge and agree to pay ReV's reasonable attorneys' fees incurred in connection with any and all lawsuits brought against you by ReV under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify ReV pursuant to the TOS.
9. Termination.(i) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (ii) You agree that, without notice, ReV may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from ReV if you, in ReV's sole discretion, fail to comply with any provision of the TOS. (iii) ReV shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or ReV, you must discontinue your use of the Service and promptly destroy all materials obtained from the Service and any copies thereof.
10. Governing Law. The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS, and hereby waive any objection to the propriety or convenience of venue in such courts.
11. Miscellaneous. You accept that ReV has the right to change the content or technical specifications of any aspect of the Service at any time in ReV's sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of ReV to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 8, 9(iii) and 10 through 14 shall survive any termination of the TOS.
12. Headings. The section titles in the TOS are used solely for the convenience of you and ReV and have no legal or contractual significance.
13. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
14. Entire Agreement. The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and ReV and govern your use of the Service.