Conditions d'utilisation

Terms of Use of the Moroccanoil^® Websites

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

 

The Moroccanoil Websites (collectively, the "Moroccanoil Web Sites") operated by Moroccanoil Israel, Ltd. or its affiliates or subsidiaries ("Moroccanoil"), is comprised of various Web sites and Web pages.

 

The Moroccanoil Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Moroccanoil Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Moroccanoil website included within the Moroccanoil Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the Moroccanoil Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Moroccanoil website, then these terms shall take precedence. 

Modification of the Terms of Use

 

Moroccanoil reserves the right to change the terms, conditions, and notices under which the Moroccanoil Web Sites are offered, including but not limited to the charges associated with the use of the Moroccanoil Web Sites. You are responsible for regularly reviewing these terms and conditions and you agree that by your continued access and/or use of the Web Sites, you shall be bound by any such future changes.

 

Use of Site. Personal and Non-Commercial Use Limitation.

 

Unless otherwise specified, the Moroccanoil Web Sites are for your personal, noncommercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Moroccanoil Web Sites, unless this is done for noncommercial purposes.

 

Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display, broadcast or transmission of the content of this Site, without prior written permission of Moroccanoil is strictly prohibited.

 

Harassment in any manner or form on any of the Moroccanoil Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Moroccanoil employee, host, or representative or other members or visitors on the Moroccanoil Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the Moroccanoil Web Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

 

COPYRIGHTS AND TRADEMARKS.

 

The entire content included in the Moroccanoil Web Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Moroccanoil. The collective work includes works that are licensed to Moroccanoil. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Moroccanoil, or other respective owners that have granted Moroccanoil the right and license to use such Marks.

 

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

 

Notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

 

Moroccanoil respects the intellectual property of others, and we ask our users and visitors to do the same. Moroccanoil will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Moroccanoil will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Moroccanoil the following information. Please be advised that to be effective, the Notification must include ALL of the following:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Moroccanoil Web Sites;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit Moroccanoil to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

 

BY MAIL:

 

Moroccanoil
Legal Department
5742 Ferrier Street
Montreal, QC. Canada H4P 1M7

 

BY FAX:

 

(514) 933 6998

 

TERM AND TERMINATION.

 

These terms and conditions are applicable to you upon your accessing the Moroccanoil Web Sites. These terms and conditions, or any of them, may be modified or terminated by Moroccanoil without notice at any time for any reason. Moroccanoil may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination. 

USER PARTICIPATION.

 

Moroccanoil does not and cannot review all communications and materials posted to or created by users accessing the Moroccanoil Web Sites and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Moroccanoil Web Sites, Moroccanoil is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Moroccanoil Web Sites. However, Moroccanoil reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Moroccanoil at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Moroccanoil in accordance with Moroccanoil’s Privacy Policy. 

USER SUBMISSIONS.

 

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Moroccanoil will have no obligations with respect to the Communications. Moroccanoil and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. Moroccanoil may, but is not obligated to, monitor or review any areas on the Moroccanoil Web Sites where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Moroccanoil, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

 

Third-Party Links.

 

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Moroccanoil, Moroccanoil has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Moroccanoil. Moroccanoil has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Moroccanoil sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. 

Disclaimer.

 

Moroccanoil makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.

 

Moroccanoil does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software. 

This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Moroccanoil disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Moroccanoil does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Moroccanoil does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

 

Limitation of Liability.

 

Subject to applicable laws, Moroccanoil shall not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Moroccanoil has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

 

Applicable Laws.

 

Your use of The Moroccanoil Web Sites shall be governed in all respects by the laws of South Africa, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Moroccanoil Web Sites (including but not limited to the purchase of Moroccanoil products) shall be in thecourts located in Johannesburg, South Africa. Notwithstanding the provisions of the Prescription Act 68 of 1969, any cause of action or claim you may have with respect to the Moroccanoil Web Sites (including but not limited to the purchase of Moroccanoil products) must be commenced within one (1) year after the claim or cause of action arises. Moroccanoil's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Moroccanoil may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Moroccanoil makes no representation that materials in the Moroccanoil Web Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.

 

Arbitration.

 

By using this Site, you agree that Moroccanoil, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Rules of the Arbitration Foundation of Southern Africa, by one or more arbitrators appointed in accordance with the said Rules. Such arbitration shall take place in Johannesburg, South Africa. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

 

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.