Terms of Use
Please read the following User Agreement before using this Web site.
This user agreement (the “User Agreement”) between you and Créateurs de Luxe, governs your use of the Web site creatursdeluxe.com (the “Site”), or any Web page operated by Créateurs de Luxe. By using this Site, accessing any of Créateurs de Luxe’s Web pages, or otherwise using any services provided by Créateurs de Luxe, you agree that you have the requisite capacity to enter into this User Agreement and you agree to the terms of this User Agreement as set forth below. If you do not agree to the terms of this User Agreement, you may not use this Site, access any of Créateurs de Luxe’s Web pages or use any other services provided by Créateurs de Luxe. Créateurs de Luxe reserves the right, at any time and without notice, to modify, alter, or update the User Agreement, and you agree to be bound by such modifications, alterations, or updates, whether or not you are aware of them.
All content included or available on this Site, including but not limited to code, scripts, images, text and graphics (collectively the “Materials”) are the property of Créateurs de Luxe and/or third parties and protected by U.S. and international copyright laws. Créateurs de Luxe grants you permission to electronically copy and to print portions of this Site solely for your own informational purposes as a consumer. Any other use of the Materials on this Site, including but not limited to reproduction for purposes other than those noted above, modification, distribution, display or republication, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Créateurs de Luxe is strictly prohibited. You understand and agree that neither this User Agreement nor any conduct of Créateurs de Luxe implies any license to use any of the Materials contained on this Site, whether or not such Materials are owned by Créateurs de Luxe.
Créateurs de Luxe’s service marks/trademarks may not be used in connection with any product or service that is not provided by Créateurs de Luxe, in any manner that is likely to cause confusion among consumers, or in any manner that blurs the distinctiveness or tarnishes the image of other service marks or trademarks. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos or other intellectual property or content from this Site is strictly prohibited.
Créateurs de Luxe respects all copyrights and intends on responding when notified of the infringement of such rights. Therefore, and in compliance with 17 U.S.C. § 512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement:
Créateurs de Luxe, 31st Floor, Hancock Building, Chicago, IL
Créateurs de Luxe disclaims any responsibility for the deletion, failure to store, mis-delivery or untimely delivery of any information or material. Créateurs de Luxe disclaims any responsibility for any harm resulting from downloading or accessing any information or material or for service outages that may occur for any reason.
Créateurs de Luxe makes no warranty that this site will meet your requirements, nor be error free nor information gathered from this site will be accurate or reliable.
You expressly agree that you will assume the entire risk as to the quality and performance of the site and the accuracy and completeness of its content.
In no event shall Créateurs de Luxe, its officers, directors, agents or employees be liable for nay damages, including without limitation any direct, indirect, consequential, special, incidental or punitive damages arising out of, based on or resulting from this user agreement or your use of the site. You agree that any limitations of liability stated in this User Agreement is a fair allocation of risk based on the manner and cost by which Créateurs de Luxe’s services are provided to you and taking into account your ability to take other measures or consult other resources in connection with the types of services provided by this site.
Incorporated and made a part of this Agreement is the Privacy Policy located at createursdeluxe.com (“Privacy Policy”). You hereby agree to allow Créateurs de Luxe to collect and use the personal information specified in the Privacy Policy in a manner set forth in the Privacy Policy, and you understand and agree that any personal information about you, including registration information and certain other information you provide or otherwise voluntarily or involuntarily reveal, is subject to our Privacy Policy. Créateurs de Luxe reserves the right to change the Privacy Policy at any time upon written notice posted to the Site.
You hereby agree to indemnify, defend and hold harmless Créateurs de Luxe from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred in connection with any claim of any kind, including, but not limited to, violation of rights of publicity or privacy, claims for defamation, claims arising under any statute, copyright infringement or trademark infringement as a result of:
• Your use of this Site or any Web site linked to this Site.
• Your connection to this Site
• The content, quality or performance of content that you submit or transmit to or through this Site.
• Any use or alleged use of your accounts or your passwords by any person, whether or not known or authorized by you.
• Your violation of this User Agreement.
• Your violation of the rights of any other person or entity.
Créateurs de Luxe reserves the right but not the obligation, at Créateurs de Luxe’s own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Créateurs de Luxe and you agree to cooperate with Créateurs de Luxe in defense of these claims.
The technology and software underlying this Site and the services provided by Créateurs de Luxe are the property of Créateurs de Luxe. You agree not to copy, modify, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying Site or the services provided by Créateurs de Luxe. You agree not to modify the software underlying this Site in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this Site.
You agree to grant an irrevocable exclusive license to use any intellectual property you post to or transmit through this Site, including but not limited to a license to create derivative works from any such intellectual property.
You agree that you will not use the Site to do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, this Site, any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial purpose unless you have Créateurs de Luxe’s written consent to do so;
Transmit surveys, contests, pyramid schemes, “spam,” unsolicited advertising or promotional materials, or chain letters;
Download any file that you know or reasonably should know, cannot be legally obtained 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;
Restrict or inhibit any other user from using and enjoying any public area within this Site;
Collect or store personal information about other users;
Interfere with or disrupt the Site, servers or networks;
Impersonate any person or entity, including, but not limited to, a Créateurs de Luxe (“Company”) representative or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site, or to manipulate your presence on the Site;
Take any action that imposes an unreasonably or disproportionately large load on the Site infrastructure; or
Engage in any illegal activities.
You agree to use the Site bulletin board services, chat areas, forums and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum. You agree to take all responsibility for any content that you post on or otherwise transmit through this Site. If you choose a username or post any content on or transmit any content through the Site that, in the sole discretion of Créateurs de Luxe, is obscene, indecent, abusive, might subject any Company Party to public disparagement or scorn, or that Créateurs de Luxe otherwise would prefer not be posted on or transmitted through the Site, Créateurs de Luxe reserves the right (but not the obligation), without prior notice to you, to automatically change your username, delete or edit your posts or transmitted content from the Site, deny you access to our sites, or any combination of these options. You understand and agree that Créateurs de Luxe also has the right (but not the obligation) to automatically change the username and delete or edit content posted by other users of the Site. You agree that you will not rely on Créateurs de Luxe in any way to pre-screen, delete or edit content posted to or transmitted through this Site, change usernames or otherwise perform any acts that would prevent you from seeing or hearing any obscene or indecent content on or through this Site.
Furthermore, you acknowledge that information contained on this Site may be inaccurate or incomplete in part or in whole. In this regard you agree that you will not rely on any information contained on this Site, including but not limited to information regarding the quality, availability, appearance, performance or pricing of any consumer products, information regarding the dates or descriptions of any events, information regarding the quality or scope of customer service provided by any third party person or entity, or information relating to any aspect of the sale of consumer goods.
Unauthorized access to the Site is a breach of this User Agreement and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Créateurs de Luxe for use in accessing this Site.
Use of the Site is subject to existing laws and legal process. Nothing contained in this User Agreement shall limit Créateurs de Luxe’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site.
Créateurs de Luxe may provide links to third party Web sites or access to third party content. Créateurs de Luxe does not control, endorse or guarantee content found on such sites. You agree that Créateurs de Luxe is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Créateurs de Luxe shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
This User Agreement shall be construed in accordance with the laws of the State of Illinois, and you and Créateurs de Luxe irrevocably consent to bring any action to enforce this User Agreement before a court of competent jurisdiction in the state of Illinois.
This User Agreement shall constitute the entire agreement between you and Créateurs de Luxe regarding your use of this Site, superceding all prior agreements, whether oral or in writing, that you may have executed with Créateurs de Luxe.
You may terminate this User Agreement at any time provided you discontinue use or access of this Site. You agree that in the event you terminate this agreement, Créateurs de Luxe limitations of liability of the User Agreement shall survive such a termination.
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.