Terms And Conditions
Agreement between User and La mode Enfant
Welcome to La Mode Enfant. La Mode Enfant, called the LME for the rest of this document, is made of several web pages operated by LME. LME is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of LME constitutes your agreement to all such terms.
Privacy
Your use of LME is subject to LME Privacy Policy. Please review our Privacy Policy, which also governs LME and informs users of our data collection practices.
Electronic Communications
Visiting LME or sending emails to LME constitutes electronic communications. You consent to receive electronic communications and you agree that agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on LME, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LME is not responsible for third party access to your account from theft or misappropriation of your account. LME and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
LME collects personally identifiable information from children under the age of thirteen. LME collects this information for the following reason(s). We provide information about our personal data practices for children on our homepage and wherever we knowingly collect personal data from children on our Web site. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the infom1ation provided at the end of this Agreement If you are under 18, you may use LME only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
LME may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of LME and LME is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LME is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LME of LME or any association with its operators. Certain services made available via LME are delivered by third party sites and organizations. By using any product, service or functionality originating from the domain, you hereby acknowledge and consent that LME may share such information and data with any third party with whom LME has a contractual relationship to provide the requested product, service or functionality on behalf of LMEs users and customers.
No Unlawful or Prohibited Use/ Intellectual Property
You are granted a non-exclusive, non-transferable., revocable license to access and use LME strictly per these terms of use. As a condition of your use of LME, you warrant to LME that you will not use LME for any purpose that is unlawful or prohibited by these Terms. You may not use LME in any manner which could damage, disable, overburden, or impair LME or interfere with any other party’s use and enjoyment of LME. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through LME.
All content included as part of the Service, such as text. graphics, logos, images, as well as the compilation thereof, and any software used on LME, is the property of LME or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LME content is not for resale. Your use of LME does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use and will make no other use of the content without the express written permission of and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of or our licensors except as expressly authorized by these Terms.
Use of Communication Services
LME may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the Communication Services.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights there to or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
LME has no obligation to monitor the Communication Services. However, LME reserves to review materials posted to a Communication Service and to remove any materials in its sole discretion. LME reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
LME reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LME’s sole discretion.
Always use caution when giving out any personally identifying information about yourself for your children in any Communication Service. LME does not control or endorse the content, messages, or information found in any Communication Service and, therefore, specifically disclaims any liability concerning the Communication Services and any actions resulting from your participation in any communication service… Managers and hosts have not authorized LME’s spokespersons, and their views do not necessarily reflect those of LMEs.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to LME or Posted on Any LME Page
LME does not claim ownership of the materials you provide to LME (including feedback and suggestions) or post, upload, input or submit to any LME or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting LME, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid concerning the use of your Submission, as provided herein. LME is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LME’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third-Party Accounts
The service can connect your Site account to third party accounts. By connecting your site account to your third- party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (per your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The service is controlled, operated, and administered by LME from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use LME content accessed through LME in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless LME, its offers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use LME or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights pf a third party, or your violation of any applicable laws, rules, or regulations. LME reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LME in asserting any available defenses.
Arbitration
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims concerning these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and LME agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
