top of page

TERMS OF USE

 

FRENCHWE uses the internet and social media to connect clients with French talent, artists, specialists and experts in their fields (“Talent”, and collectively with clients “Users”).  By accessing or using FRENCHWE’s internet sites, including but not limited to http://www.frenchwe.com/, mobile websites, microsites, social media profiles for [co name], and any other digital services or properties used by FRENCHWE from time to time (collectively “Sites”) you agree to comply with and be bound by these Terms of Use (“Terms”), FRENCHWE’s privacy policy (“Privacy Policy”) incorporated herein, and any additional terms applicable to certain portions of the Sites, also incorporated herein.  Please read these Terms carefully.  These Terms and Privacy Policy constitute a legally binding agreement between you and FRENCHWE regarding your use and access to the sites.  FRENCHWE may amend or modify these Terms at any time.  Thus, you should visit this page regularly.  By using the Sites you agree to the Terms posted at the time of your use.  If you do not agree to these Terms and the Privacy Policy, you are not authorized to access or otherwise use FRENCHWE’s Sites and must immediately cease all access. 

 

 1 . License

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms. You may use the Sites and the FRENCHWE Content (as defined in section 6 below) for your non-commercial personal use and for no other purpose. FRENCHWE reserves the right to bar, restrict or suspend any user's access to the Sites, and/or to terminate this license at any time for any reason. FRENCHWE reserves any rights not explicitly granted in these Terms.

 

 2 . Restrictions

You may not copy, clone, mine, modify, translate, distribute, market, display, remove, alter, sell, sublicense, transfer, link-to, decompile, reverse engineer, incorporate into any information retrieval system, or create derivate works of any of the Sites or the Content (as defined below), or any portion thereof.Further, you may not use the Sites for any unauthorized or illegal purpose, including but not limited to:attempting or obtaining unauthorized access to the Sites; interfering with the operation and management of the Sites ( transmitting a virus, worm, Trojan horse, denial of service attack, back door, trap door, .); post or submit any false or misleading information; post, submit, or solicit any information on behalf of a third party; solicit passwords or personally identifiable information from other Users; bypass or attempt to bypass the services offered by FRENCHWE utilizing any information obtained from FRENCHWE or the Sites; make any unsolicited contact with any User; or otherwise interfere with anyone else’s use and enjoyment of the Sites.Security violations of the Sites may result in civil and/or criminal liability.

 

 3 . User Obligations

You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites.  You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through any registration or contact forms.  If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, FRENCHWE reserves the right to terminate your access and use of the Sites.  You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites.

If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as opening a private browsing window on your Internet browser and logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer.  Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances.  FRENCHWE is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information.  You must contact FRENCHWE immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

 

 4 . Privacy Policy

Please read FRENCHWE separate Privacy Policy for information on FRENCHWE’s use and protection of your personal information.

 

 5 . Miscellaneous

To the extent there is a conflict between these Terms and any specific terms in the Sites or any separate agreement between you and FRENCHWE, the specific terms or separate agreement will govern.

 

 6 . Content

For purposes of these Terms, the content of the Sites (“”) includes, without limitation:any FRENCHWE trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (“”); information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites. The Content is the property of the [co name], its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any of this Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner.Any use of the Intellectual Property without [co name]'s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Content, including any such notices appearing on any Content you are permitted to download, transmit, display, print, or reproduce from the Sites.

 

 7 . Agent for Notification of Copyright or Trademark Infringement

If you believe that your work has been uploaded, posted or copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact FRENCHWE by email at info@frenchwe.com or by regular mail at:

 

407 LINCOLN ROAD
STE 701
MIAMI BEACH, FL 33139]

 

 8 . Responsibility for Use of Internet and Websites

Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, FRENCHWE does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. FRENCHWE shall not be obligated to correct or update the Sites or the Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.

 

FRENCHWE may provide opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and blogging sites. FRENCHWE is not responsible for content or links posted by others on such social media cites, nor should profiles, content and links to other Internet sites be construed as an endorsement of the organizations, entities, views or content contained therein. FRENCHWE is not responsible for content or links posted by others.FRENCHWE retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. FRENCHWE also retains the right to ban or block a user from posting on FRENCHWE social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.

 

 9 . Disclaimer of Warranties

The websites and content are provided "as is" and "as available."Neither [co name], its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively "") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the sites or content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the sites will meet your expectations; or (iv) content will remain unchanged or accessible on the sites.All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.

 

 10 . Exclusion of and Limitation of Liability

FRENCHWE parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the sites and/or any content; (ii) from any interruption in the availability of the sites and/or content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute services resulting from any problems with the content and/or services purchased or obtained from the sites, or transactions entered into, through or from the sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the sites; (vii) from any delay or failure of the sites arising out of causes beyond [co name]’s control; (viii) out of the use of, reference to, or reliance on, the content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to the sites or content.

 

In the event you are dissatisfied with, or dispute, these terms of use, the sites and/or the content, your sole right and exclusive remedy is to terminate your use of the sites, even if that right or remedy is deemed to fail of its essential purpose.  You confirm that FRENCHWE has no other obligation, liability or responsibility to you or any other party.

 

 11 . Exclusions permitted by law

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. accordingly, only the above limitations in sections 9 and 10 which are lawful in your jurisdiction will apply to you and 's liability will be limited to the maximum extent permitted by law.

 

 12 . Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the FRENCHWE Parties from and against all claims arising from or in any way related to your use of the Sites and/or Content, a violation by you of these Terms, or any other actions connected with your use of the Sites and/or Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. FRENCHWE will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the FRENCHWE Parties other than under this section.

 

 13 . Arbitration; Venue

Any controversy or claim (“”) you have arising out of or relating to these Terms shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Miami, Florida. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Florida and/or the United States District Court for the Southern District of Florida shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Each party irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these terms of use. FRENCHWE reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.

 

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Southern District of Florida or any state court located in Miami-Dade County, Florida.

 

 14 . Governing Law

These Terms and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of Florida applicable to contracts made and executed and wholly performed in the State of Florida, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

 

 15 . Waiver and Severability

The failure of to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

 

 16 . Complete Agreement

These Terms, together with any revision, any additional terms or conditions incorporated by reference constitute the entire agreement between you and FRENCHWE relating to the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites.

 

 17 . Contact Information

If you have any questions or concerns regarding these Terms or the Sites, please visit our "Contact Us" page.

 

 18 . Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

 

 19 . Use of Websites and Content outside of the United States

FRENCHWE makes no claims regarding access or use of the Sites or the Content outside of the United States.  If you use or access the Sites or the Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.

 

 20 . Term and Termination

These Terms will take effect at the time you begin using the Sites. FRENCHWE reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms. These Terms will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms at any time by ceasing to use the Sites, but all applicable provisions of these Terms will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any Content, in your possession.

 

bottom of page