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GENERAL TERMS OF USE
General Information
“Lyreco” means LYRECO SAS, rue du 19 mars 1962 - 59770 MARLY (FRANCE), its
subsidiaries and affiliates.
“User” means any person or
legal entity who access, browse or use the Web Site.
“Product / Products”
means any
good offered for sale on the Web Site.
“Web Site” means www.lyreco.com and any declination of this
Domain Name.
“Customization Tools” means any
software that allows the User to customize the Products.
These GENERAL TERMS OF USE govern the access, browse
and use of this Web Site.
By
accessing, browsing or using this Web Site, each and every
time, the User agrees to be bound by these GENERAL TERMS OF USE, additional
guidelines, restrictions, or rules that may be indicated in specific sections
or services of this Web Site, and agrees to comply with all applicable laws and
regulations.
The
Users are granted permission to access and use this
Web Site and its Content (as defined below) for the sole purpose of preparing,
evaluating, and ordering products or services through Lyreco.
Lyreco
reserves the right to add, to alter, amend or withdraw, including any Content
(as defined below), to this Web Site and these GENERAL TERMS OF USE at any time
without prior notice. Consequently, Users should consult these GENERAL TERMS OF
USE regularly.
Prohibited use
The User is prohibited from
violating, or attempting to violate, the security of the Web Site.
The User must not, and commits not to, use the Web
Site in any way that causes, or may cause, damage to the Web Site or impairment
of the availability or accessibility of the Web Site; or in any way which is
unlawful, illegal, fraudulent or harmful, or in connection with any unlawful,
illegal, fraudulent or harmful purpose or activity.
The User must not , and commits not to, use the Web
Site to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software.
The User must not conduct any systematic or automated
data collection activities (including without limitation scraping, data mining,
data extraction and data harvesting) on or in relation to the Web Site without
our express written consent.
Copyrights
This
Web Site contains graphics, photographs, images, logos, document layouts,
artwork, text, fonts, templates, software tools, and other information
(referred to herein as “Content”).
This
Web Site and all Content are the copyrighted property of Lyreco or the
copyrighted property of parties from whom Lyreco has licensed such property.
All
rights in this Web Site and its Content are reserved worldwide. It is strictly
prohibited to retain, copy, distribute, publish, or
use any portion of the Content except as expressly allowed in these GENERAL
TERMS OF USE.
The
Customization Tools provided on the Web Site use a limited number of graphic
elements.
Lyreco
reserves the right to use all such elements and to make all such elements
available for use by other User in the future.
The
User does not obtain any right or claim to any of the customization design
elements through itscreation of a Content design
and/or the incorporation of a Content design into one or more Products.
Other
Users may use the customization tools to create customized Products that have
similar or identical combinations of Content and Lyreco does not guarantee that
your creations will not have similarities to creations designed and used by
other parties.
Lyreco
provides no warranty of any kind that Products designs created using the
customization tools will not infringe, or be subject to a claim of infringing,
the trademark or other rights of a third party.
If the User
provides its own Content, including but not limited to logos, text or fonts,
the User assures Lyreco that the created customized Product is not subject to
any rights held by third parties. By placing an order on this Web Site, the User
warrants that it has all necessary permission, right and authority to
incorporate third party material and to place the order. In such case the
cost of any breaches of copyright, personal rights or rights to the use of a
name will be borne solely by the User.
The User releases
Lyreco from all demands and claims which are made due
to the infringement of such third party rights, as far as the User is
responsible for the breach. The User shall reimburse Lyreco for all defense
costs and other damages resulting from any such action.
In any
case, Lyreco recommends the Users to obtain the advice of a professional
regarding whether the customized Product design is legally available for
User’s use and does not infringe the rights of third parties.
Should
the User wish to place an order for the customized Products through Lyreco's
web shop, The User authorizes Lyreco to produce the Products on its behalf. The
orders will be governed by Lyreco's terms and
conditions of sale.
Access and Update of Personal Data
Lyreco reserves the right to restrict access to any
areas of the Web Site, or indeed the whole Web Site, at its discretion.
Lyreco offers extended services including but not
limited to, ordering and managing the User personal details via the Web through
a name/password protected system.
If Lyreco provides the User with a User ID and
password to enable it to access restricted areas of the Web Site or other
content or services, the User must ensure that the User ID and password are kept confidential.
User’s username and password are
referred to as its "Identification".
The User agrees that it will be the only user of its
Identification, and that it will be solely responsible for all activities on
the Web Site using its Identification.
The User is solely responsible for keeping its
Identification confidential. Lyreco strongly recommends that the User logs out
of the Web Site and closes its browser window when its session is completed to help prevent unauthorised persons from
accessing its Identification.
If the User provides Lyreco with Personal Data, the
User shall have the right, on reasonable prior written notice, to request
inspection, change, amendment, or deletion of such Personal Data (as required
under applicable data protection law). Instructions on how to request
inspection change, amendment, or deletion of User’s Personal Data will be given at the point of collection, and if not given
at the point of collection, such instructions will be provided upon request.
Personal Data Protection
Lyreco will only collect Personal Data on a mandatory
basis where it is necessary to carry out one or more of requested functions or
activities, or for the User to get access to Lyreco's Products or services, and
Lyreco will only collect it by lawful and fair means.
Data entry on the Web Site for such mandatory
information are marked with an * or similar mark. Lyreco might request
additional non-mandatory information from the User in order to improve its
knowledge of its customers. The User remains free to respond to any such
requests for additional information. While Lyreco takes great care in
maintaining the security of User’s Personal Data, Lyreco cannot guarantee
that unauthorized access will never occur and could not be responsible of third
party use of fraudulently obtained personal data.
For each User to the Web Site, the Web Site
automatically recognises and stores information which
is not normally deemed to be Personal Data, such as the User’s IP address
and domain name.
Lyreco uses User-information to understand User
traffic patterns through the Web Site for purposes such as enhancing its
usability.
User’s computer provides this User-information
automatically each time the User logs on, unless User has activated blocking
technology available in some browsers. When the User visits the Web Site Lyreco
may use so called "cookies", to store certain user-information on the
User's computer and allow Lyreco to customize the User's experience to better match
the User's interests and preferences, or to simply facilitate the User's
signing in to use the services. Most browsers will allow the User to erase
cookies from its computer, block acceptance of cookies, or receive a warning
before a cookie is stored. However, if the User blocks or erases cookies,
Lyreco may not be able to restore any preferences or customisation settings the
User previously specified, and Lyreco’s ability to personalise
User’s online experience will be limited.
This Web Site uses Google Analytics, a web analytics
service provided by Google, Inc. (“Google”). Google Analytics uses
“cookies”, which are text files placed on the User's computer, to
help Lyreco analyze how Users use the Web Site. The
information generated by the cookie about the User's use of the Web Site
(including the User's IP address) will be transmitted to and
stored by Google on servers in the United States. Google will use this
information for the purpose of evaluating the User's use of the Web Site,
compiling reports on Web Site activity for Web Site operators and providing
other services relating to Web Site activity and internet usage. Google may
also transfer this information to third parties where
required to do so by law, or where such third parties process the information on
Google's behalf. Google will not associate the User's IP address with
any other data held by Google. The User may refuse the use of cookies by
selecting the appropriate settings on the User's browser,
however by doing this the User may not be able to use the full functionality of
this Web Site. By using this Web Site, the User consents to the processing of
data about it by Google in the manner and for the purposes set out above
Use and disclosure of Personal Data
The Personal Data provided to Lyreco on the Web Site will be handled in appropriate and considerate manners.
Without limiting the foregoing Lyreco will use and disclose the Personal Data
for the purpose of the requested function or activities, for the User to get
access to Lyreco’s Products or services in question, or for a purpose
specifically stated on the relevant area of the Web Site. Furthermore, Lyreco
may combine the Personal Data the User provides on the Web Site with other
information Lyreco may collect from the User or from third parties in order to
more effectively tailor the Web Site, functions, activities, products,
services, and offerings.
For the purposes set out above, Personal Data may be transferred to, and stored and processed at, destinations
outside of the European Economic Area or Switzerland. By submitting its
Personal Data, the User agrees to such transfer, storing and processing of its
Personal Data.
Disclaimer of Warranty
Information,
including Products pictures and photographs, on the Web Site is not promised or
guaranteed to be correct, current, or complete, and this Web Site may
contain technical inaccuracies or typographical errors.
Lyreco makes no warranties, representations or
undertakings about any of the content of the Web Site including but not limited
to, any as to the quality, accuracy, completeness or fitness for purpose of any
such content.
The information on this Web Site does not constitute
advice or recommendation; or any content of any other web-site
referred to or accessed by hypertext links or otherwise through this Web Site.
Release
from liability
Lyreco shall not be liable for damages, losses
(whether direct, indirect or consequential), expenses, liabilities, loss of
profits or costs resulting from the use of, access to, or reliance upon the
information given by its employees in relation to, contained in or available
through, its Web Site.
Lyreco does not endorse or approve the content of any
third party web site, nor will Lyreco have any liability in connection with any
of them, including, but not limited to, liability arising out of any allegation
that the content of any third party web site infringes any law or the rights of
any person or is obscene, defamatory or scandalous).
Lyreco does not warrant that functions, materials and
information available on this Web Site (and/or linked to this Web Site) will be
uninterrupted or error free, that defects will be corrected, or that this Web
Site or its server are free of viruses or bugs and other items of a destructive
nature.
The Web Site User is responsible for implementing
sufficient procedures and virus checks (including anti-virus and other security
checks) to satisfy particular requirements for the accuracy and security of the
data input and output.
Lyreco
can not be liable for any
errors or poor quality if the User use uses its own content, in particular text
and logos.
Without
limitation, no portion of Content may be used as a
trademark or service mark, for any illegal purpose or use, for any immoral
purpose or use, to defame any person, to violate any person’s right of
privacy or publicity, to infringe upon any intellectual property right of any
person or entity.
User
agrees that it will not use the Web Site to produce Products that are illegal,
immoral, insulting, harassing, libellous, threatening, harmful, obscene,
malicious or otherwise objectionable.
User agrees that it shall indemnify and defend Lyreco
and all parties from whom Lyreco has licensed portions of Content, and their
directors or employees, against all claims, liability, damages, costs and
expenses, including legal fees and expenses arising out of or related to (i) User’s breach of these GENERAL TERMS OF USEor (ii) any suit, claim, or demand arising from or
relating to any text, photograph, image, graphic or other material the User has
incorporated into Products that was not part of the standard Web Site Content.
Links
Lyreco is not responsible for the content of any unaffiliated web sites that
may be linked to or from the Web Site. These links are provided for User’s convenience only and the User
accesses them at its own risk. Any other website accessed from the Web Site is
independent from Lyreco, and Lyreco has no control over the content of that
other website. In addition, a link to any other website does not imply that
Lyreco endorses or accepts any responsibility for the content or use of such
other website. In no event shall any reference to any third party or third
party product or service be construed as an approval or endorsement by Lyreco
of that third party or of any product or service provided by a third party.
Translations
Certain text in this Web Site may be
made available in languages other than English. Text may
be translated by a person or solely by computer software with no human
intervention or review. These translations are provided
as a convenience to the User, and Lyreco makes no representations or
commitments regarding the accuracy or completeness of the translation, whether
or not computer-generated or performed by a person.
Recommendations
Security
The website uses SSL (Secure Sockets Layer) 128-bit
encryption.
Please make sure, that you have enabled the use of SSL
2.0 and SSL 3.0 protocols in your browser, otherwise you will not be able to
checkout your orders.
Communication in the ordering section between our
application and your internet browser is encrypted,
therefore SSL 2.0 and SSL 3.0 protocols have to be enabled.
Screen Resolution
The screen size of this website is
optimised for 1024 x 768 pixels.
Browsers
We recommend a JavaScript-enabled browser for viewing
all content contained within this Website. The website is compatible with
Microsoft Internet Explorer 7.0 or above, Mozilla Firefox 3.0 or above, Google
Chrome 7 and above, Safari 5.0.0 and above.
If you use browsers other than those listed above page
designs may be altered and/or some functions may
become disabled.
For the best performance an
update of the browser to the most recent version is recommended.
Additional Software
This website requires additional software like Adobe
Acrobat Reader or Adobe Flash (version 10 or above) to perform successfully.
All software is free of charge and can be downloaded
from the editor:
Flash Player
http://get.adobe.com/fr/flashplayer/
Acrobat Reader
Breaches of these terms and conditions
Without
prejudice to Lyreco's other rights under the GENERAL TERMS OF USE,
if the User breaches these GENERAL TERMS OF USE in
any way, Lyreco may take such action in compliance with applicable law as
Lyreco deems appropriate to deal with the breach, including suspending
User’s access to the Web Site, prohibiting the User from accessing the
Web Site, blocking computers using User’s IP address from accessing the
Web Site, contacting User’s internet service provider to request that
they block its access to the Web Site and/or bringing court proceedings against
the User.
Law
These GENERAL TERMS OF USE shall be governed by and
interpreted in accordance with the laws of England & Wales and the courts
of England shall have exclusive jurisdiction to hear any matter that arises under
these GENERAL TERMS OF USE.