Terms of Use
Last Updated On 01-Jun-2022
TABLE OF CONTENTS
1. AGREEMENT TOTERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. GUIDELINES FOR REVIEWS
8. SUBMISSIONS
9. SITE MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12.MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18.INDEMNIFICATION
19. USER DATA
20. ELECTRONICCOMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
22.MISCELLANEOUS
23. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally bindingagreement made between you, whether personally or on behalf of an entity(“you”) and Forma Factory LTD ("Company," “we," “us," or “our”), concerning your access to and use ofthe forma-factory.fr website as well as any other media form, mediachannel, mobile website or mobile application related, linked, or otherwiseconnected thereto (collectively, the “Site”). We are registeredin the United Kingdom and have our registered office at 71-75, SHELTONSTREET, COVENT GARDEN, LONDON WC2H 9JQ. You agree that by accessing the Site, you have read, understood, andagreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALLOF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITEAND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents thatmay be posted on the Site from time to time are hereby expressly incorporatedherein by reference. We reserve the right, in our sole discretion, to makechanges or modifications to these Terms of Use from time to time. We willalert you about any changes by updating the “Last updated” date of these Termsof Use, and you waive any right to receive specific notice of each such change.Please ensure that you check the applicable Terms every time you use our Siteso that you understand which Terms apply. You will be subject to, and will bedeemed to have been made aware of and to have accepted, the changes in anyrevised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intendedfor distribution to or use by any person or entity in any jurisdiction orcountry where such distribution or use would be contrary to law or regulationor which would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to access theSite from other locations do so on their own initiative and are solelyresponsible for compliance with local laws, if and to the extent local laws areapplicable.
The Site is not tailored to comply withindustry-specific regulations (Health Insurance Portability and AccountabilityAct (HIPAA), Federal Information Security Management Act (FISMA), etc.), so ifyour interactions would be subjected to such laws, you may not use this Site.You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act(GLBA).
The Site is intended for users whoare at least 18 years old. Persons under the age of 18 are not permitted to useor register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is ourproprietary property and all source code, databases, functionality, software,website designs, audio, video, text, photographs, and graphics on the Site(collectively, the “Content”) and the trademarks, service marks, and logoscontained therein (the “Marks”) are owned or controlled by us or licensed tous, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content andthe Marks are provided on the Site “AS IS” for your information and personaluse only. Except as expressly provided in these Terms of Use, no part of theSite and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, youare granted a limited license to access and use the Site and to download orprint a copy of any portion of the Content to which you have properly gainedaccess solely for your personal, non-commercial use. We reserve all rights notexpressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms ofUse; (2) you are not a minor in the jurisdiction in which you reside; (3)you will not access the Site through automated or non-human means, whetherthrough a bot, script, or otherwise; (4) you will not use the Site for anyillegal or unauthorized purpose; and (5) your use of the Site will not violateany applicable law or regulation.
If you provide any information that is untrue,inaccurate, not current, or incomplete, we have the right to suspend orterminate your account and refuse any and all current or future use of the Site(or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purposeother than that for which we make the Site available. The Site may not be usedin connection with any commercial endeavors except those that are specificallyendorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or postcontent. We may provide you with the opportunity to create, submit, post,display, transmit, perform, publish, distribute, or broadcast content andmaterials to us or on the Site, including but not limited to text, writings,video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions").Contributions may be viewable by other users of the Site and throughthird-party websites. As such, any Contributions you transmit may be treated inaccordance with the Site Privacy Policy. When you create or make available anyContributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoingviolates these Terms of Use and may result in, among other things, terminationor suspension of your rights to use the Site.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and useany information and personal data that you provide following the terms of thePrivacy Policy and your choices (including settings).
By submitting suggestions or other feedback regardingthe Site, you agree that we can use and share such feedback for any purposewithout compensation to you.
We do not assert any ownership over yourContributions. You retain full ownership of all of your Contributions and anyintellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in yourContributions provided by you in any area on the Site. You are solelyresponsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviewsor ratings. When posting a review, you must comply with the following criteria:(1) you should have firsthand experience with the person/entity being reviewed;(2) your reviews should not contain offensive profanity, or abusive, racist,offensive, or hate language; (3) your reviews should not contain discriminatoryreferences based on religion, race, gender, national origin, age, maritalstatus, sexual orientation, or disability; (4) your reviews should not containreferences to illegal activity; (5) you should not be affiliated withcompetitors if posting negative reviews; (6) you should not make anyconclusions as to the legality of conduct; (7) you may not post any false ormisleading statements; and (8) you may not organize a campaign encouragingothers to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our solediscretion. We have absolutely no obligation to screen reviews or to deletereviews, even if anyone considers reviews objectionable or inaccurate. Reviewsare not endorsed by us, and do not necessarily represent our opinions or theviews of any of our affiliates or partners. We do not assume liability for anyreview or for any claims, liabilities, or losses resulting from any review. Byposting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,royalty-free, fully-paid, assignable, and sublicensable right and license toreproduce, modify, translate, transmit by any means, display, perform, and/ordistribute all content relating to reviews.
8. SUBMISSIONS
You acknowledgeand agree that any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site ("Submissions") provided by you to usare non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled tothe unrestricted use and dissemination of these Submissions for any lawfulpurpose, commercial or otherwise, without acknowledgment or compensation toyou. You hereby waive all moral rights to any such Submissions, and you herebywarrant that any such Submissions are original with you or that you have theright to submit such Submissions. You agree there shall be no recourse againstus for any alleged or actual infringement or misappropriation of anyproprietary right in your Submissions.
9. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1)monitor the Site for violations of these Terms of Use; (2) take appropriatelegal action against anyone who, in our sole discretion, violates the law orthese Terms of Use, including without limitation, reporting such user to lawenforcement authorities; (3) in our sole discretion and without limitation,refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portionthereof; (4) in our sole discretion and without limitation, notice, orliability, to remove from the Site or otherwise disable all files and contentthat are excessive in size or are in any way burdensome to our systems; and (5)otherwise manage the Site in a manner designed to protect our rights and propertyand to facilitate the proper functioning of the Site.
10. PRIVACY POLICY
We care about data privacy andsecurity. By using theSite, you agree to be bound by our Privacy Policy posted on the Site, which isincorporated into these Terms of Use. Please be advised the Site is hostedin the United Kingdom. If you access the Site from anyother region of the world with laws or other requirements governing personaldata collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you aretransferring your data to the UnitedKingdom, and youagree to have your data transferred to and processed in (% assign num_website_hosting_country_uk = website_hosting_country_uk| times: 1 %}the United Kingdom.
11. TERM AND TERMINATION
These Terms of Use shall remain infull force and effect while you use the Site. WITHOUT LIMITING ANY OTHERPROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FORNO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAWOR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE ORDELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUTWARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for anyreason, you are prohibited from registering and creating a new account underyour name, a fake or borrowed name, or the name of any third party, even if youmay be acting on behalf of the third party. In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action,including without limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS ANDINTERRUPTIONS
We reserve the right to change, modify, or remove thecontents of the Site at any time or for any reason at our sole discretionwithout notice. However, we have no obligation to update any information on ourSite. We also reserve the right to modify or discontinue all or part of theSite without notice at any time. We will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of theSite.
We cannot guarantee the Site will be available at alltimes. We may experience hardware, software, or other problems or need toperform maintenance related to the Site, resulting in interruptions, delays, orerrors. We reserve the right to change, revise, update, suspend, discontinue,or otherwise modify the Site at any time or for any reason without notice toyou. You agree that we have no liability whatsoever for any loss, damage, orinconvenience caused by your inability to access or use the Site during anydowntime or discontinuance of the Site. Nothing in these Terms of Use will beconstrued to obligate us to maintain and support the Site or to supply anycorrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These conditions are governed by and interpretedfollowing the laws of the United Kingdom, and the use of the UnitedNations Convention of Contracts for the International Sale of Goods isexpressly excluded. If your habitual residence is in the EU, and you are aconsumer, you additionally possess the protection provided to you by obligatoryprovisions of the law of your country of residence. Forma FactoryLTD and yourself both agree to submit to the non-exclusive jurisdiction ofthe courts of London, which means that you may make a claim to defend yourconsumer protection rights in regards to these Terms of Use in the United Kingdom, or in the EU country in which you reside.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of anydispute, controversy, or claim related to these Terms of Use (each"Dispute" and collectively, the “Disputes”) brought by either you orus (individually, a “Party” and collectively, the “Parties”), the Parties agreeto first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least sixty (60) days beforeinitiating arbitration. Such informal negotiations commence upon written noticefrom one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationshipsbetween the Parties to this contract shall be determined by one arbitrator whowill be chosen in accordance with the Arbitration and Internal Rules of theEuropean Court of Arbitration being part of the European Centre of Arbitrationhaving its seat in Strasbourg, and which are in force at the time theapplication for arbitration is filed, and of which adoption of this clauseconstitutes acceptance. The seat of arbitration shallbe London, United Kingdom. The language of the proceedings shallbe English. Applicable rules of substantive law shall be the lawof the United Kingdom.
Restrictions
The Parties agree that any arbitration shall belimited to the Dispute between the Parties individually. To the full extentpermitted by law, (a) no arbitration shall be joined with any other proceeding;(b) there is no right or authority for any Dispute to be arbitrated on aclass-action basis or to utilize class action procedures; and (c) there is noright or authority for any Dispute to be brought in a purported representativecapacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiationsand Arbitration
The Parties agree that the following Disputes are notsubject to the above provisions concerning informal negotiations and bindingarbitration: (a) any Disputes seeking to enforce or protect, or concerning thevalidity of, any of the intellectual property rights of a Party; (b) anyDispute related to, or arising from, allegations of theft, piracy, invasion ofprivacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt.
15. CORRECTIONS
There may be information on the Site that containstypographical errors, inaccuracies, or omissions, including descriptions,pricing, availability, and various other information. We reserve the right tocorrect any errors, inaccuracies, or omissions and to change or update the informationon the Site at any time, without prior notice.
16. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLEBASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOURSOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIESOR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT ORTHE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITYOR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ANDMATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESSTO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THELIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDINGLOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USEOF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,including our subsidiaries, affiliates, and all of our respective officers,agents, partners, and employees, from and against any loss, damage, liability,claim, or demand, including reasonable attorneys’ fees and expenses, made byany third party due to or arising out of: (1) use of the Site; (2) breachof these Terms of Use; (3) any breach of your representations and warrantiesset forth in these Terms of Use; (4) your violation of the rights of a thirdparty, including but not limited to intellectual property rights; or (5) anyovert harmful act toward any other user of the Site with whom you connected viathe Site. Notwithstanding the foregoing, we reserve the right, at your expense,to assume the exclusive defense and control of any matter for which you arerequired to indemnify us, and you agree to cooperate, at your expense, with ourdefense of such claims. We will use reasonable efforts to notify you of anysuch claim, action, or proceeding which is subject to this indemnification uponbecoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to theSite for the purpose of managing the performance of the Site, as well as datarelating to your use of the Site. Although we perform regular routine backupsof data, you are solely responsible for all data that you transmit or thatrelates to any activity you have undertaken using the Site. You agree that weshall have no liability to you for any loss or corruption of any such data, andyou hereby waive any right of action against us arising from any such loss orcorruption of such data.
20. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completingonline forms constitute electronic communications. You consent to receiveelectronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signatureor delivery or retention of non-electronic records, or to payments or thegranting of credits by any means other than electronic means.
21. CALIFORNIA USERS ANDRESIDENTS
If any complaint with us is not satisfactorilyresolved, you can contact the Complaint Assistance Unit of the Division ofConsumer Services of the California Department of Consumer Affairs in writingat 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or bytelephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Terms of Use and any policies or operating rulesposted by us on the Site or in respect to the Site constitute the entireagreement and understanding between you and us. Our failure to exercise orenforce any right or provision of these Terms of Use shall not operate as awaiver of such right or provision. These Terms of Use operate to the fullestextent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable for anyloss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Terms ofUse is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Terms of Use and does notaffect the validity and enforceability of any remaining provisions. There is nojoint venture, partnership, employment or agency relationship created betweenyou and us as a result of these Terms of Use or use of the Site. You agree thatthese Terms of Use will not be construed against us by virtue of having draftedthem. You hereby waive any and all defenses you may have based on theelectronic form of these Terms of Use and the lack of signing by the partieshereto to execute these Terms of Use.
23. CONTACT US
In order to resolve a complaint regarding the Site orto receive further information regarding use of the Site, please contact us at:
Forma Factory LTD71-75, SHELTON STREET COVENT GARDEN LONDON WC2H 9JQ United Kingdom
contact@forma-factory.fr
TABLE OF CONTENTS
1. AGREEMENT TOTERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. GUIDELINES FOR REVIEWS
8. SUBMISSIONS
9. SITE MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12.MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18.INDEMNIFICATION
19. USER DATA
20. ELECTRONICCOMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
22.MISCELLANEOUS
23. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally bindingagreement made between you, whether personally or on behalf of an entity(“you”) and Forma Factory LTD ("Company," “we," “us," or “our”), concerning your access to and use ofthe forma-factory.fr website as well as any other media form, mediachannel, mobile website or mobile application related, linked, or otherwiseconnected thereto (collectively, the “Site”). We are registeredin the United Kingdom and have our registered office at 71-75, SHELTONSTREET, COVENT GARDEN, LONDON WC2H 9JQ. You agree that by accessing the Site, you have read, understood, andagreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALLOF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITEAND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents thatmay be posted on the Site from time to time are hereby expressly incorporatedherein by reference. We reserve the right, in our sole discretion, to makechanges or modifications to these Terms of Use from time to time. We willalert you about any changes by updating the “Last updated” date of these Termsof Use, and you waive any right to receive specific notice of each such change.Please ensure that you check the applicable Terms every time you use our Siteso that you understand which Terms apply. You will be subject to, and will bedeemed to have been made aware of and to have accepted, the changes in anyrevised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intendedfor distribution to or use by any person or entity in any jurisdiction orcountry where such distribution or use would be contrary to law or regulationor which would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to access theSite from other locations do so on their own initiative and are solelyresponsible for compliance with local laws, if and to the extent local laws areapplicable.
The Site is not tailored to comply withindustry-specific regulations (Health Insurance Portability and AccountabilityAct (HIPAA), Federal Information Security Management Act (FISMA), etc.), so ifyour interactions would be subjected to such laws, you may not use this Site.You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act(GLBA).
The Site is intended for users whoare at least 18 years old. Persons under the age of 18 are not permitted to useor register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is ourproprietary property and all source code, databases, functionality, software,website designs, audio, video, text, photographs, and graphics on the Site(collectively, the “Content”) and the trademarks, service marks, and logoscontained therein (the “Marks”) are owned or controlled by us or licensed tous, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content andthe Marks are provided on the Site “AS IS” for your information and personaluse only. Except as expressly provided in these Terms of Use, no part of theSite and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, youare granted a limited license to access and use the Site and to download orprint a copy of any portion of the Content to which you have properly gainedaccess solely for your personal, non-commercial use. We reserve all rights notexpressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms ofUse; (2) you are not a minor in the jurisdiction in which you reside; (3)you will not access the Site through automated or non-human means, whetherthrough a bot, script, or otherwise; (4) you will not use the Site for anyillegal or unauthorized purpose; and (5) your use of the Site will not violateany applicable law or regulation.
If you provide any information that is untrue,inaccurate, not current, or incomplete, we have the right to suspend orterminate your account and refuse any and all current or future use of the Site(or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purposeother than that for which we make the Site available. The Site may not be usedin connection with any commercial endeavors except those that are specificallyendorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or postcontent. We may provide you with the opportunity to create, submit, post,display, transmit, perform, publish, distribute, or broadcast content andmaterials to us or on the Site, including but not limited to text, writings,video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions").Contributions may be viewable by other users of the Site and throughthird-party websites. As such, any Contributions you transmit may be treated inaccordance with the Site Privacy Policy. When you create or make available anyContributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoingviolates these Terms of Use and may result in, among other things, terminationor suspension of your rights to use the Site.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and useany information and personal data that you provide following the terms of thePrivacy Policy and your choices (including settings).
By submitting suggestions or other feedback regardingthe Site, you agree that we can use and share such feedback for any purposewithout compensation to you.
We do not assert any ownership over yourContributions. You retain full ownership of all of your Contributions and anyintellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in yourContributions provided by you in any area on the Site. You are solelyresponsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviewsor ratings. When posting a review, you must comply with the following criteria:(1) you should have firsthand experience with the person/entity being reviewed;(2) your reviews should not contain offensive profanity, or abusive, racist,offensive, or hate language; (3) your reviews should not contain discriminatoryreferences based on religion, race, gender, national origin, age, maritalstatus, sexual orientation, or disability; (4) your reviews should not containreferences to illegal activity; (5) you should not be affiliated withcompetitors if posting negative reviews; (6) you should not make anyconclusions as to the legality of conduct; (7) you may not post any false ormisleading statements; and (8) you may not organize a campaign encouragingothers to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our solediscretion. We have absolutely no obligation to screen reviews or to deletereviews, even if anyone considers reviews objectionable or inaccurate. Reviewsare not endorsed by us, and do not necessarily represent our opinions or theviews of any of our affiliates or partners. We do not assume liability for anyreview or for any claims, liabilities, or losses resulting from any review. Byposting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,royalty-free, fully-paid, assignable, and sublicensable right and license toreproduce, modify, translate, transmit by any means, display, perform, and/ordistribute all content relating to reviews.
8. SUBMISSIONS
You acknowledgeand agree that any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site ("Submissions") provided by you to usare non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled tothe unrestricted use and dissemination of these Submissions for any lawfulpurpose, commercial or otherwise, without acknowledgment or compensation toyou. You hereby waive all moral rights to any such Submissions, and you herebywarrant that any such Submissions are original with you or that you have theright to submit such Submissions. You agree there shall be no recourse againstus for any alleged or actual infringement or misappropriation of anyproprietary right in your Submissions.
9. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1)monitor the Site for violations of these Terms of Use; (2) take appropriatelegal action against anyone who, in our sole discretion, violates the law orthese Terms of Use, including without limitation, reporting such user to lawenforcement authorities; (3) in our sole discretion and without limitation,refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portionthereof; (4) in our sole discretion and without limitation, notice, orliability, to remove from the Site or otherwise disable all files and contentthat are excessive in size or are in any way burdensome to our systems; and (5)otherwise manage the Site in a manner designed to protect our rights and propertyand to facilitate the proper functioning of the Site.
10. PRIVACY POLICY
We care about data privacy andsecurity. By using theSite, you agree to be bound by our Privacy Policy posted on the Site, which isincorporated into these Terms of Use. Please be advised the Site is hostedin the United Kingdom. If you access the Site from anyother region of the world with laws or other requirements governing personaldata collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you aretransferring your data to the UnitedKingdom, and youagree to have your data transferred to and processed in (% assign num_website_hosting_country_uk = website_hosting_country_uk| times: 1 %}the United Kingdom.
11. TERM AND TERMINATION
These Terms of Use shall remain infull force and effect while you use the Site. WITHOUT LIMITING ANY OTHERPROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FORNO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAWOR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE ORDELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUTWARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for anyreason, you are prohibited from registering and creating a new account underyour name, a fake or borrowed name, or the name of any third party, even if youmay be acting on behalf of the third party. In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action,including without limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS ANDINTERRUPTIONS
We reserve the right to change, modify, or remove thecontents of the Site at any time or for any reason at our sole discretionwithout notice. However, we have no obligation to update any information on ourSite. We also reserve the right to modify or discontinue all or part of theSite without notice at any time. We will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of theSite.
We cannot guarantee the Site will be available at alltimes. We may experience hardware, software, or other problems or need toperform maintenance related to the Site, resulting in interruptions, delays, orerrors. We reserve the right to change, revise, update, suspend, discontinue,or otherwise modify the Site at any time or for any reason without notice toyou. You agree that we have no liability whatsoever for any loss, damage, orinconvenience caused by your inability to access or use the Site during anydowntime or discontinuance of the Site. Nothing in these Terms of Use will beconstrued to obligate us to maintain and support the Site or to supply anycorrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These conditions are governed by and interpretedfollowing the laws of the United Kingdom, and the use of the UnitedNations Convention of Contracts for the International Sale of Goods isexpressly excluded. If your habitual residence is in the EU, and you are aconsumer, you additionally possess the protection provided to you by obligatoryprovisions of the law of your country of residence. Forma FactoryLTD and yourself both agree to submit to the non-exclusive jurisdiction ofthe courts of London, which means that you may make a claim to defend yourconsumer protection rights in regards to these Terms of Use in the United Kingdom, or in the EU country in which you reside.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of anydispute, controversy, or claim related to these Terms of Use (each"Dispute" and collectively, the “Disputes”) brought by either you orus (individually, a “Party” and collectively, the “Parties”), the Parties agreeto first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least sixty (60) days beforeinitiating arbitration. Such informal negotiations commence upon written noticefrom one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationshipsbetween the Parties to this contract shall be determined by one arbitrator whowill be chosen in accordance with the Arbitration and Internal Rules of theEuropean Court of Arbitration being part of the European Centre of Arbitrationhaving its seat in Strasbourg, and which are in force at the time theapplication for arbitration is filed, and of which adoption of this clauseconstitutes acceptance. The seat of arbitration shallbe London, United Kingdom. The language of the proceedings shallbe English. Applicable rules of substantive law shall be the lawof the United Kingdom.
Restrictions
The Parties agree that any arbitration shall belimited to the Dispute between the Parties individually. To the full extentpermitted by law, (a) no arbitration shall be joined with any other proceeding;(b) there is no right or authority for any Dispute to be arbitrated on aclass-action basis or to utilize class action procedures; and (c) there is noright or authority for any Dispute to be brought in a purported representativecapacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiationsand Arbitration
The Parties agree that the following Disputes are notsubject to the above provisions concerning informal negotiations and bindingarbitration: (a) any Disputes seeking to enforce or protect, or concerning thevalidity of, any of the intellectual property rights of a Party; (b) anyDispute related to, or arising from, allegations of theft, piracy, invasion ofprivacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt.
15. CORRECTIONS
There may be information on the Site that containstypographical errors, inaccuracies, or omissions, including descriptions,pricing, availability, and various other information. We reserve the right tocorrect any errors, inaccuracies, or omissions and to change or update the informationon the Site at any time, without prior notice.
16. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLEBASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOURSOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIESOR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT ORTHE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITYOR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ANDMATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESSTO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THELIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDINGLOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USEOF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,including our subsidiaries, affiliates, and all of our respective officers,agents, partners, and employees, from and against any loss, damage, liability,claim, or demand, including reasonable attorneys’ fees and expenses, made byany third party due to or arising out of: (1) use of the Site; (2) breachof these Terms of Use; (3) any breach of your representations and warrantiesset forth in these Terms of Use; (4) your violation of the rights of a thirdparty, including but not limited to intellectual property rights; or (5) anyovert harmful act toward any other user of the Site with whom you connected viathe Site. Notwithstanding the foregoing, we reserve the right, at your expense,to assume the exclusive defense and control of any matter for which you arerequired to indemnify us, and you agree to cooperate, at your expense, with ourdefense of such claims. We will use reasonable efforts to notify you of anysuch claim, action, or proceeding which is subject to this indemnification uponbecoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to theSite for the purpose of managing the performance of the Site, as well as datarelating to your use of the Site. Although we perform regular routine backupsof data, you are solely responsible for all data that you transmit or thatrelates to any activity you have undertaken using the Site. You agree that weshall have no liability to you for any loss or corruption of any such data, andyou hereby waive any right of action against us arising from any such loss orcorruption of such data.
20. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completingonline forms constitute electronic communications. You consent to receiveelectronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signatureor delivery or retention of non-electronic records, or to payments or thegranting of credits by any means other than electronic means.
21. CALIFORNIA USERS ANDRESIDENTS
If any complaint with us is not satisfactorilyresolved, you can contact the Complaint Assistance Unit of the Division ofConsumer Services of the California Department of Consumer Affairs in writingat 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or bytelephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Terms of Use and any policies or operating rulesposted by us on the Site or in respect to the Site constitute the entireagreement and understanding between you and us. Our failure to exercise orenforce any right or provision of these Terms of Use shall not operate as awaiver of such right or provision. These Terms of Use operate to the fullestextent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable for anyloss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Terms ofUse is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Terms of Use and does notaffect the validity and enforceability of any remaining provisions. There is nojoint venture, partnership, employment or agency relationship created betweenyou and us as a result of these Terms of Use or use of the Site. You agree thatthese Terms of Use will not be construed against us by virtue of having draftedthem. You hereby waive any and all defenses you may have based on theelectronic form of these Terms of Use and the lack of signing by the partieshereto to execute these Terms of Use.
23. CONTACT US
In order to resolve a complaint regarding the Site orto receive further information regarding use of the Site, please contact us at:
Forma Factory LTD71-75, SHELTON STREET COVENT GARDEN LONDON WC2H 9JQ United Kingdom
contact@forma-factory.fr
71-75 Shelton Street London WC2H 9JQ, United Kingdom
Registration n°14361978
