Terms of use

Last Updated: January 18, 2022

Please read this Terms of Use Agreement (the "Agreement") carefully. The terms of this Agreement govern your use of the website www.vinograf.fr (the "Site"), including the purchase of goods on the Site (the "Service") as operated by Marée Haute ("we", "us" or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who wish to access or use the Service.

In particular, we draw your attention to the sections “Disclaimer” and “Our responsibility for loss or damage suffered by you”. By accessing or using the Service, you agree to be bound by this Agreement. If you disagree with any part of this Agreement, we ask that you do not use this Service.

ELECTRONIC COMMUNICATIONS

By creating an account on our Service, you agree to subscribe to our newsletters, advertising and promotional materials and other information that we send. However, you may opt out of receiving any or all of our communications by following the unsubscribe link or instructions provided in any of our emails. For contractual purposes, you agree that all terms and conditions, agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights.

PURCHASES

If you wish to purchase a product or service through the Service, you must review and accept our Terms and Conditions of Sale available on the Site.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our products and services on the Service. We may be late in updating information on the Service, our advertising on other websites. The information on the Service may contain errors and inaccuracies and may not be complete or current. Products or services may be incorrectly priced, described in an inaccurate manner, or may be unavailable on the Service, and we cannot guarantee the accuracy or completeness of the information on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

COMPETITIONS, LOTTERIES OR PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) available on the Service may be governed by rules that differ from those in this Agreement. If you participate in a Promotion, please review the applicable rules and our Privacy Policy. If the rules of a Promotion conflict with this Agreement, the rules of the Promotion will apply.

CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, videos, text, graphics or other materials ("User Content"). You are responsible for the Content you post on or through the Service, including its legality, reliability and appropriateness.

Status of User Content. By posting User Content on the Site or through the Service, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and licenses under this Agreement; and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone who violates this Agreement or is otherwise objectionable. You retain all rights to the User Content you submit, post or display on or through the Service, and you are responsible for protecting those rights. We are not responsible for any User Content posted by you or any third party on or through the Service.

Backing Up User Content. We are under no obligation to back up User Content, and your User Content may be deleted at any time without notice. As such, we recommend that you store and back up a copy elsewhere. You are solely responsible for creating and maintaining backed up copies of User Content if you choose.

Permission to Use User Content. In order for us to operate the Service and host and display User Content, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service provided that such permission is:

irrevocable – once granted, you may not withdraw or restrict our right to use your User Content on the terms described above;

non-exclusive – you and others, if you authorize them, may use your User Content;

royalty-free and fully paid – we do not have to pay you or any third party (now or in the future) to use your User Content under the terms described above;

worldwide – we may use your User Content in the manner described above anywhere in the world;

Sublicenseable – You permit us to authorize other companies and individuals to use the license described above for the purpose of including your User Content in the Service.

We have the right but not the obligation to monitor and edit any User Content.

Waiver of Moral Rights. You hereby irrevocably waive (and agree to the cause of waiver) any claim or assertion of moral rights or attribution in your Content.

Do Not Submit Confidential Information in User Content. Please note that any Content you provide or make available to us on or through the Service will not be treated as confidential information. As such, you agree not to send us any information or ideas that you consider confidential or proprietary. You acknowledge that your communications with other users through the Service are public and not private, and that you do not require confidentiality of such communications. Any personal data submitted through reviews, feedback, comments or other features of the Service may be viewed and used by other users. We strongly recommend that you do not disclose your personal data through these features. We are not responsible for any information (including personal data) that you submit in this manner.

Our Content. Any content that is not User Content must be the property of Marée Haute or its licensors (“Site Content”). You may not distribute, modify, transmit, reuse, download, republish, copy or use the Site Content, in part or in whole, for any commercial purpose or for your own personal benefit, without our express prior written permission.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

Protection of our reputation and rights of third parties. You agree not to use the Service to collect, upload, transmit, display or distribute Content that: (a) is obscene, offensive, hateful, inflammatory, objectionable or defamatory of any person, (b) is threatening, abusive or invasive of privacy or may cause inconvenience, nuisance or anxiety, (c) may harass, annoy, embarrass or alarm another person, (d) promotes discrimination based on race, gender, religion, national origin, disability, sexual orientation or age, (e) is intentionally misleading or may mislead any person, (f) impersonates any person or misrepresents your identity or affiliation with any person, (g) creates the impression that the User Content emanates from us, (h) advocates, promotes, assists or enables any illegal activity, (i) promotes violence or sexually transmitted material, or (ii) contains any form of libel, slander, or other forms of cruel, inhuman or degrading treatment or punishment. indecent or sexually implicit, (j) violates any law, regulation, obligation or restriction imposed by a third party, (k) exposes a person to danger of any type, (l) discloses or reveals personal information about another person without his or her prior permission, or collects or solicits personal information from another person for any commercial or unlawful purpose.

Protecting our systems. In addition, you agree not to: (i) upload to, transmit, distribute or otherwise make available to others through the Service any computer virus, worm, Trojan horse, time bomb, spyware, robot, bot, spider or other computer code, file or program that is potentially harmful or intrusive or designed to damage or hijack the operation of, or monitor the use of, any computer system, hardware, software, equipment or data; (ii) send through the Service any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of repetitive or unsolicited messages, whether commercial or otherwise; (iii) use the Service to collect, gather or combine information or data regarding other users, including email addresses or passwords, without their consent, or systematically download and store Content from the Site; (iv) use any feature of the Service for any purpose other than the intended purpose, including exploiting any malfunction for your personal benefit, (v) interfere with, disable, disrupt or create an unacceptable problem on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks, (vi) attempt to gain unauthorized access or provide automated access to the Service or use the Service (or other computer systems or networks connected to or used with the Service), (vii) assist, enable or encourage any person to perform any of the activities described above.

BACK

By providing us with feedback or suggestions regarding the Service (“Feedback”), you are transferring to us the rights to such Feedback. Please note that any Feedback you provide will not be treated as confidential information. Therefore, you agree not to send us any information or ideas that you consider to be confidential or proprietary.

ACCOUNTS

When you create an account with us, you warrant that you are over 18 years of age and that the information provided is correct, complete and up-to-date at all times. Inaccurate, incomplete or outdated information may result in immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or a name that is not permitted to be used under any law, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username a name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion if you physically violate any term of such Content or if we believe that you have used or attempted to use the Service for any illegal activity.

You must promptly change your password and notify us by sending us an email at maree.haute.vin@gmail.com if you suspect or become aware of any unauthorized use of your account or any other breach of security.

INTELLECTUAL PROPERTY

The Service (including all information and materials we provide on or through the Service) and its original content and all associated domain names (except User Content), features and options are and will remain the exclusive property of Marée Haute and its licensors. You acknowledge that you have no right to access any part of the Service in source code form. The Service is protected by copyright, trademark, patents, trade secrets, moral rights, privacy rights, publicity rights and all other intellectual property and proprietary rights under the laws of the United States, the United Kingdom, France and foreign countries. Our trademarks and brand image may not be associated with any product or service without our prior written consent.

RESTRICTIONS

Your right to use the Service is subject to the restrictions set forth below. You agree:

not to use the Service for any fraudulent or illegal purpose, except as provided in this Agreement;

not to interfere with the operation of the Service and to comply with our Acceptable Use Policy (see Acceptable Use Policy section below);

not to copy all or part of the Service, except where the copying is related to the normal use of the Service for the purposes for which it was intended or if it is necessary to safeguard the content or for a question of operational security;

not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented or provided by the Service, including but not limited to for public and commercial purposes, including text, images, audio and video;

not to rent, sublicense, loan, distribute, timeshare, translate, merge, adapt, modify or change all or any part of the Service;

not to make any changes or modifications to all or any part of the Service or to permit the Service or any part thereof to be combined with or incorporated into any other product or service;

not to disassemble, decompile, disassemble, derive codes or algorithms or create derivative works based on all or any part of the Service or attempt to do so, except to the extent such actions may not be prohibited under applicable law;

not to sell, resell, associate with, exploit, provide or make available all or any part of the Service (including source code and object code), in any form whatsoever, to any person without our prior written consent;

not to remove any copyright, trademark or other proprietary rights notices from the Service and to include our copyright notice on all copies you make of the Service in any media;

to be responsible for obtaining and having obtained all necessary authorizations, consents and permits, including those of third parties, to the extent that you submit, publish, transmit or process personal data using the Service.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that we do not own or control.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with the use of or reliance on any such content, goods or services available on or through any third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

CLOSING

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreement.

If you wish to close your account, you may simply stop using the Service.

All provisions of the Agreement which by their nature should survive the closing shall survive the closing, including, without limitation, ownership provisions, warranty provisions, indemnities and limitations of liability.

COMPENSATION

You agree to defend, indemnify and hold harmless Marée Haute, its parents, subsidiaries, affiliates and the officers, directors, employees, agents, representatives, partners and licensors of each, from and against any and all claims, obligations, liabilities, losses, expenses (including but not limited to attorneys' fees) and any damages, costs or debt resulting from or arising out of (a) the use of and access to the Service by you or any person using your account and password, (b) the violation of this Agreement or (c) Content posted on the Service.

OUR LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU (LIMITATION OF LIABILITY)

The Service is not tailor-made for you. You acknowledge that the Service has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the options and features of the Service meet your requirements.

We are responsible for foreseeable loss and damage caused by us. If we fail to comply with this Contract, we are responsible for loss or damage that we suffer that is a foreseeable result of our breach of this Contract or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is unforeseeable. Loss or damage is foreseeable if it is obvious that it might happen or if, at the time you entered into this Contract, both you and we knew it might happen.

When are we liable for damage caused by a failure in the Service? If the Service damages a device or digital content that belongs to you and this is caused by our lack of reasonable care and skill, we will repair the damage or pay you compensation. However, we will not be liable for any damage that could have been avoided by following our advice, such as applying a free update, repair or error correction, or by having the minimum system requirements that we recommend.

Limitation of Liability. To the maximum extent permitted by applicable law, our total cumulative liability to you arising out of or in connection with the Service shall in no event exceed one hundred (£100) pounds sterling or the price paid by you for the Service in the preceding twelve (12) months, whichever is greater.

We are not liable for any business losses. If you use the Service for any business purpose, we will not be liable for any loss of profitability, loss of business, business interruption, or loss of business opportunity.

We are not responsible for events beyond our control. We will not be liable for any failure to perform or delay in performing our obligations under this Agreement caused by any circumstance or event beyond our reasonable control, including any failure in public or private telecommunications networks or delay or latency due to your geographic location or your wireless data service provider's network.

What we do not exclude. Nothing in this Agreement limits or excludes our liability for:

death or personal injury resulting from our negligence;

fraud or fraudulent misrepresentation;

any other liability which cannot be excluded or limited by applicable law.

Your Liability. You agree to indemnify us for any claims, losses, liabilities, expenses (including legal costs and expenses), and any damages and costs incurred by us arising out of your use of the Service in violation of this Agreement. We reserve the right to conduct the exclusive defense and control of any claim brought by a third party related to your use of the Service and you agree to assist and cooperate with us in connection with any such claim.

DISCLAIMER

Use of the Service is at your sole risk. The Service is provided “AS IS” and “AS AVAILABLE,” with all faults. The Service is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement or course of performance.

High Tide does not warrant that a) the Service will function uninterrupted, timely, secure, error-free or be available at any particular time or location, b) all errors and defects will be corrected, c) the Service is free of viruses or other harmful components, d) the results of using the Service will meet your requirements.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

OTHER IMPORTANT CONDITIONS

No one else has any rights under this Agreement. This Agreement is between you and us. No other person has any rights to enforce this Agreement.

If a court finds any part of this Agreement to be illegal or unenforceable, the rest will continue in force. Each paragraph of this Agreement operates separately. If a court or relevant authority decides that any of them is illegal or unenforceable, the remaining paragraphs will continue in force.

Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you because of your breach of this Agreement, that will not mean that you do not have to do those things and will not prevent us taking steps against you later.

What laws apply to this Agreement and when to take legal action? This Agreement is governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that if you are resident in another EU country, you can take legal action to ensure that your consumer protection rights under this Agreement are enforced in the EU country in which you live.

Changes. We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. The “Last Updated” legend above indicates when this Agreement was last changed. We may modify the Site and/or this Agreement to: (a) reflect changes in relevant laws and regulatory requirements; and (b) implement minor technical adjustments and improvements, such as to address a security threat. If a revision is material, we will provide at least 15 days’ notice prior to the new Agreement taking effect.