(EFFECTIVE AS OF 22ND OCTOBER 2013)
- LICENSE GRANT. Luxottica hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that you comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein.
- USER REPRESENTATIONS. By accessing or using the Website, You represent that You are at least eighteen (18) years old. If You are not of such age, please consult with your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Website only if a parent or guardian accepts this TOU on their behalf. In addition, You agree to abide by all applicable laws and regulations governing your use of the Website. Furthermore, you acknowledge and agree that this Website is directed at users in Canada only (and ships product to Canada only).
- PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that Luxottica transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and/or licensed by Luxottica. Vogue-Eyewear, the Vogue-Eyewear logo(s), and all other names, logos, and icons identifying Vogue-Eyewear and its products and services are proprietary trademarks of Luxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.
- CONTENT SUBMITTED BY YOU.
A. From time to time We may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, we welcome your comments on our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Luxottica (“User-Posted Content”) must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by Us. User-Posted Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity.
B. Upon your submission of any and all User-Posted Content, you grant Luxottica a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Submitted Content, such that Luxottica shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. Your expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Posted Content. By submitting any User-Posted Content to us, you represent and warrant that you hold all necessary right, title and license to such User-Posted Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights. We reserve the right, in our sole and absolute discretion, to modify, edit or remove any User-Posted Content, if a complaint or notice of allegedly infringing materials is received with respect to the User-Posted Content, or for any other reason.
- RESTRICTIONS. You agree not to modify, distribute, disclose or create works wholly or partially based on the Website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Website, or in any case reproduce, copy, use or provide the Website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Website is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.
- AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept that Luxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Website, or any part thereof, or any goods offered thereon, and/or (ii) disable any access to the Website, or any part thereof.
- LINKS TO OTHER SITES. The Website may facilitate access to other sites or on-line social media networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by Luxottica and are maintained by third parties over which Luxottica exercises no control. Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- WARRANTY DISCLAIMER. Except as otherwise expressly set forth in OUR warranty policy on vogue-eyewear.com/ca/returns-policy: (i) this website and all goods purchased by you through the website are provided on an “as-is” basis; and (ii) Luxottica makes no representations or warranties about the website or any goods purchased by you through the website for any purpose, and expressly disclaims all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by the applicable law. Comments or opinions expressed on the website are those of the respective website users only. The views expressed on the website and in user-posted content do not necessarily represent or reflect the views of Luxottica. Luxottica is not responsible for, and disclaims all liability in relation to, the user-posted content posted, uploaded or otherwise submitted to or through the website. Any products and/or services described on the website are offered in jurisdictions where they may be legally offered for sale. The information on the website is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
- LIMITATION OF LIABILITY. In no event shall Luxottica be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the website or with the delay or inability to use the website, whether based in contract, tort, strict liability, or otherwise. Notwithstanding the foregoing, the total liability of Luxottica for any reason whatsoever related to use of the website shall not exceed the total amount paid by you to Luxottica in connection with the subject matter of the particular dispute.
- INDEMNITY. By using this application, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Website; (ii) any User-Posted Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website.
- ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Luxottica, such injury would not be quantifiable in monetary damages, and Luxottica would not have an adequate remedy at law. You therefore agree that Luxottica shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
- TERM AND TERMINATION. This TOU will take effect at the time You begin using the Website. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing all use of the Website. Sections 3, 4B, 5, 7, 8, 9, 10, 11, 12, 14, and 16, and this sentence of this Section 14, will survive the termination of this TOU for any reason.
- WAIVER & SEVERABILITY. Failure by Luxottica to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
- JURISDICTION AND APPLICABLE LAW. For residents of all provinces except for Quebec, this agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of the State of New York within New York County. For residents of Quebec, this agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of Quebec, without regard to its conflict of laws provisions. The parties agree to submit to the personal jurisdiction and venue of the applicable courts located in Montreal, Quebec.
- INDEPENDENT PARTY. You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Luxottica as a result of this TOU or your utilization of the Website.
- ENTIRE AGREEMENT. This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Luxottica with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the Website.
- NO ASSIGNMENTS. You may not assign or transfer any rights under this Agreement without the prior written consent of Luxottica.
- HEADINGS. Headings are for convenience only.