Terms and conditions of Use
Presentation
Izabysof
Effective Date: 01/09/2024
This webpage represents a legal document and constitutes the Terms of Use (Agreement) for our website, www.izabysof.com (Website). By using our website, you agree to fully comply with and be bound by the following Agreement each time you use our website.
Definitions
The terms "we," "our," and "us" refer to Izabysof, the owner of this website. A "visitor" is someone who merely browses our website. A "customer" is someone who has purchased one of our products from our website. The term "user" is a collective identifier that refers to either a visitor or a customer. The term "product" refers to any products we sell or provide.
All text, information, graphics, design, and data offered through our website or services, whether produced by our customers or by us, are collectively known as our "content." We distinguish content published by our customers as "customer content."
Acceptance of Agreement
This Agreement is between you and Izabysof. This Agreement contains disclaimers of warranties and other provisions that limit our liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing, and/or browsing our website constitutes acceptance of these terms and conditions. If you do not agree to be bound by every term and condition set forth herein, please exit our website immediately and do not use, access, and/or browse it.
Unless otherwise specified, this Agreement constitutes the entire and only Agreement between you and Izabysof and supersedes all other Agreements, representations, warranties, and understandings with respect to our website, services, and the subject matter contained herein. However, to use our website and/or services, you may also be required to agree to additional terms and conditions. Those additional terms will be incorporated into this Agreement unless otherwise stated
Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.izabysof.com Privacy Notice, do not use this website or our services.
Limited License
Izabysof grants you a non-exclusive, non-transferable, revocable license to access and use our website and services strictly in accordance with this Agreement. Your use of our website and services is solely for internal, personal, and non-commercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our website or services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our website, content, services, and any software provided therein.
Our Relationship with You
This Agreement does not create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Izabysof.
Our Intellectual Property
Our website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our website or services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Izabysof.
Our content, as found within our website and services, is protected by French and foreign copyrights (international rights). The copying, redistribution, use, or publication by you of any such content is strictly prohibited. Your use of our website and services does not grant you ownership rights of any kind in our content.
Errors, Corrections, and Changes
We do not guarantee that our website will be error-free, free of viruses or other harmful components, or that we will correct any errors. We do not guarantee that the information available on or through our website will be correct, accurate, timely, or otherwise reliable. However, we make every effort to ensure that our website operates smoothly and without issues.
Izabysof reserves the right, in its sole discretion, to modify any content, software, and other items used or contained on our website or services at any time and without notice.
Disclaimer
Our website may publish content supplied by third parties, users, advertisers, merchants, and sponsors. Accordingly, Izabysof has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, users, or any other users of our website, are those of their respective authors and not of Izabysof. Izabysof does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and these merchants. You agree that the use or purchase from these merchants is at your sole risk and without any warranties of any kind from us. All rules, legal documents (including privacy policies), and operating procedures of the merchants will apply to you while on any merchant websites.
You acknowledge that nothing on our website constitutes financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Izabysof. You agree not to make any financial, investment, legal, and/or other decisions based in whole or in part on anything contained in our website or services.
Warranty Disclaimer
Izabysof is not responsible for any content posted on our website or in connection with our services. We are not responsible for the online or offline conduct of any user of our website or services, nor for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter while using our website or services.
Our website or services may be temporarily unavailable from time to time for maintenance or other reasons. Izabysof assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, or destruction or unauthorized access to, or alteration of, communications of members.
Izabysof is not responsible for any technical malfunction or other problems of any network or service, computer systems, servers, or providers, computer or mobile phone equipment, software, or email failures due to technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to members' or any other person's computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our website or services, including without limitation any software provided through our website or services.
Under no circumstances will Izabysof be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone's use of our website or services, or any interactions between users of our website or services, whether online or offline.
The reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation, or any affiliation with our website by third parties or by any of the equipment or programming associated with or utilized by our services.
The information, content, and documents from or through our website are provided "as is," "as available," with "all faults," and all express or implied warranties are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our website and services may contain bugs, errors, problems, or other limitations.
Izabysof, including all our affiliates, has no liability whatsoever for your use of our website or services. Izabysof cannot guarantee and does not promise any specific results from using our website or services, including, but not limited to, any related software. Izabysof does not represent or warrant that our content, services, or any software found within are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Therefore, you should exercise caution when using and downloading any such content or software and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses attributed to our content, services, and related software is disclaimed.
Without limiting the foregoing, you understand and agree that you download or otherwise obtain content and related software from or through our website or services at your own risk and that you will be solely responsible for your use thereof and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. We and all our affiliates are not responsible for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and Izabysof.
Our website and services would not be provided without these limitations. No advice or information, whether oral or written, obtained by you from us through our website or services shall create any warranty, representation, or guarantee not expressly stated in this Agreement.
Limitation of Liability
In no event shall Izabysof or its directors, employees, or agents be liable to you or any other person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any loss of profits or data arising from your use of our website, content, services, or any related software accessible or downloadable from our website or services, even if Izabysof is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Izabysof’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the website and/or services accessed during the previous month of your membership prior to the event giving rise to the liability.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities regarding your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our website, provided that (a) you do not remove or obscure any portion of our website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our website immediately upon our request.
Payments
You represent and warrant that if you purchase something from us, (i) all payment information you provide is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to the rejected payment.
Refund and Return Policy
Please refer to our refund and return policy here.
Indemnification
You agree to indemnify, defend, and hold us, as well as our partners, agents, officers, directors, employees, contractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or your use of our website or services.
Severability and Survival
If any part of this Agreement is found to be invalid or unenforceable, that part will be interpreted in accordance with applicable law, and the remaining portions will remain in full force and effect. To the extent that any Content conflicts or is inconsistent with this Agreement, this Agreement shall prevail. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Modifications to Our Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time by providing you with prior notice via email or written notice. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. For the avoidance of doubt, no unilateral modification will retroactively alter the dispute resolution provisions agreed upon in these Terms and Conditions, including, for example, arbitration provisions for ongoing disputes, unless expressly agreed otherwise by the parties. Your continued use of our website, services, and products following any changes to these Terms and Conditions and our notification thereof will constitute your acceptance of such changes. If you do not agree with the changes to these Terms and Conditions, you may choose to discontinue using our website, services, and products.