Legals
Welcome to fredericmalle-press.com
2021 / 05 / 24
Legal Notice (Mentions légales) :
EDP FRANCE HOLDING SAS
37, rue de Mathurins
75008 Paris
Société par actions simplifiée (SAS)
Numéro RCS : 807 760 749 RCS PARIS
Numéro de TVA : FR32 807 760 749
Email: press@fredericmalle.com
Directrice de publication : Cécile Derein-Pozzi
Hébergeur : Infomaniak Network Rue Eugène-Marziano 25, 1227 Genève – Switzerland
IDE & VAT No.: CHE-103.167.648
EDP France Holding SAS (“EDPFM”, “we”, “us”, or “our”) provides the content and services available on the EDPFM press platform available at fredericmalle-press.com (the “Platform”) to you (“Journalist” or “You”) subject to the following terms and conditions (“Terms and Conditions”).
You must be 18 years old or the age of majority in your jurisdiction in order to use the Platform. By accessing or using the Platform, you are acknowledging that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR PLATFORM.
1. Privacy
EDPFM respects your concerns about privacy and values the relationship we have with you. EDP France Holding SAS is the Data Controller for the purpose of these Terms and Conditions.
We will use the information and personal data you provide to create and manage your user account on the Site and provide you access to the Platform, EDPFM Information and Confidential Information (as defined below), and other information on the Platform.
We may share your personal data with our corporate affiliates and third-party service providers who perform services on our behalf and according to our instructions either within or outside of your country of origin and/or the European Economic Area. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal data to other countries, we will protect that information with appropriate data transfer mechanisms. For more information about such transfers, you can contact us as indicated below.
We maintain appropriate technical and organizational safeguards designed to ensure an appropriate level of security of your personal data. We will retain your personal data as long as needed to fulfill the purposes indicated in these Terms and Conditions, plus a reasonable period in order to be able to run regular deletion routines or to take into account mandatory applicable law. For more information about data retention policies, please contact us as indicated below.
For any questions or requests to exercise rights which may apply to you under applicable law: such as the right to access, update or delete your personal data, to withdraw your consent you previously provided to us, to data portability where technically feasible, or to object to the processing of your personal data, you can contact us as indicated below. You may also lodge a complaint with a data protection authority.
For more information on the manner in which EDPFMtreats personal data and how to contact us, please email us at: privacy@elceurope.com.
2.1. Confidentiality
EDPFM may disclose to Journalist certain information deemed proprietary and confidential by EDPFM which relates to EDPFM’s products, new product launches, press releases, press kits, videos, photos and other related materials, or to EDPFM’s business and information systems, process and related needs (“EDPFM Information”). Journalist will receive or have access to EDPFM Information for the purposes described in these Terms and Conditions.
2.2. Definitions
For the purpose of these Terms and Conditions and the use of the Platform, “Confidential Information” shall be deemed to include all information and materials, identified as confidential by EDPFM or that by their nature or the circumstances surrounding their disclosure should be reasonably regarded as confidential, furnished by EDPFM in connection with the Platform, regardless of form, including, but not limited to, all proprietary information, EDPFM Information as defined above, EDPFM’s products, new product or service launches, press releases, press kits, videos, photos and other related materials computer programs, customer and prospect lists, personal data, trade secrets, trade names or proposed trade names, algorithms, know-how, formulas, inventions (whether patentable or not), ideas, concepts, designs, drawings, flow charts, diagrams and other intellectual property, business information and technical information of EDPFM.
2.3. Protection of Confidential Information
Journalist acknowledges that it is receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information other than to its employees with a need to know such Confidential Information in order to perform their duties and who are under a written obligation to keep information such as the Confidential Information confidential.
In particular for the purposes of these Terms and Conditions and the EDPFM Information that will be accessible to Journalist via the Platform such as new product or service launches, JOURNALIST SHALL IN NO EVENT DISCLOSE CONFIDENTIAL INFORMATION ABOUT SUCH EDPFM INFORMATION PRIOR TO THE ACTUAL DATE OF LAUNCH OF ANY GIVEN PRODUCT OR SERVICE, UNLESS OTHERWISE APPROVED BEFOREHAND IN WRITING BY EDPFM.
Journalist acknowledges that it will only use the Confidential Information within its own organization to the extent necessary. Furthermore, Journalist will use its best efforts, and at least the same efforts it would use to prevent unauthorized disclosure of its own confidential information, and in any case, not less than reasonable efforts to prevent disclosure of the Confidential Information to any third party.
Without the prior consent of EDPFM, Journalist shall not disclose to any third party, any information (including Confidential Information) regarding EDPFM Information, including without limitation the Platform, any of the terms or conditions relating to EDPFM Information, or the existence of these Terms and Conditions. Notwithstanding the foregoing, Journalist may disclose EDPFM Confidential Information to its accountants, lawyers and other professional advisors who have a need to know provided such advisors are under a written obligation to hold such Confidential Information in strict confidence with such writing having terms substantially restrictive as those in these Terms and Conditions. Journalist shall remain liable for any improper use or misappropriation of any EDPFM Information and Confidential Information by any such accountants, lawyers and other professional advisors.
2.4. Obligations terminated. The obligations of Section 2.4 shall terminate with respect to any particular portion of Confidential Information which:
– was in the public domain at the time of EDPFM’s communication thereof to Journalist;
– entered the public domain through no fault of the Journalist subsequent to the time of EDPFM’s communication thereof to Journalist;
– was in the Journalist possession free of any obligation of confidence at the time of EDPFM’s communication thereof to the Journalist;
– was rightfully communicated by a third party who had the right to disclose such information to a receiving Party free of any obligation of confidence subsequent to the time of the EDPFM’s communication thereof to the Journalist;
– was developed by employees or agents of the Journalist independently of and without reference to any Confidential Information or other information that EDPFM has disclosed in confidence to the Journalist;
– is approved for release to the Journalist by written authorization of EDPFM;
– is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, EDPFM will be notified by the Journalist before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.
2.5. Action for breach. The Journalist will notify EDPFM immediately upon discovery of the possession, use or knowledge of any Confidential Information by any third party not authorized to possess, use or have such Confidential Information and will cooperate in every reasonable way to help EDPFM regain possession of the Confidential Information and prevent further breach.
The Journalist acknowledges and agrees that due to the unique nature of the EDPFM’s Confidential Information, there may be no adequate remedy at law for any breach of its obligations hereunder, which breach may result in irreparable harm to EDPFM, and therefore, that upon any such breach or any threat thereof, EDPFM will be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
2.6. No rights, interest or joint venture. Confidential Information shall remain the sole property of EDPFM and nothing in these Terms and Conditions is intended to grant any right or interest by license or otherwise, under any patent, copyright, trademark, service mark trade name, trade secret or other intellectual property right of EDPFM. These Terms and Conditions are not intended to and shall not be construed as: (i) creating a joint venture, partnership or other form of business association between the Parties, or (ii) creating any obligation on the part of either Party or to compensate the other Party in any manner, except as may be set forth by a separate written agreement duly executed and delivered by the Parties.
2.7. Ownership of materials. The Parties agree that all originals and copies of any Confidential Information remain the property of EDPFM. Journalist shall reproduce all copyright and other proprietary notices, in the same form that they appear on all the materials provided by EDPFM to the Journalist, on all copies of the Confidential Information made by the Journalist. Journalist agrees to return or destroy all originals and copies of Confidential Information, as well as all materials containing the Confidential Information to EDPFM at EDPFM’s request, except that one copy of the Confidential Information may be retained by Journalist solely to enable the Journalist to ascertain its rights and obligations in the event of a dispute hereunder.
Journalistmay not sell or resell any of the EDPFM Information, Confidential Information or other information received from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any information to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Accuracy of Information
We attempt to be as accurate as possible when providing our information on the Platform; however to the extent permitted by applicable law, we do not warrant that the information or other content available on the Platform are accurate, complete, reliable, current, or error-free.
This Platform may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or and to change or update information at any time without prior notice.
4. Intellectual Property
All information and content available on the Platform and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of EDPFM or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by local laws, as well as EU and United States laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
Except for the limited licenses set forth in Section 5 below, or as required under applicable law, neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
5. Limited Licenses; Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Platform. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Platform:
– frame or utilize framing techniques to enclose the Platform or any portion thereof;
– use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Platform, Content (except caching or as necessary to view the Platform), or the personal data of others without our prior written permission or authorization;
– make any use of the Platform or any Content other than for personal use;
– modify, reverse engineer or create any derivative works based upon the Platform or any Content;
– impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
– “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
– intentionally violate any applicable local, state, national or international law;
– transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Platform; and/or
– engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”
Any unauthorized use by you of the Platform or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
By accessing or using the Platform or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Platform. You agree that when accessing or using the Platform or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Platform or any Content or services that may appear on this Platform and may not impair in any way the integrity or operation of the Platform. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
7. Your Account
In order to access and use the Platform, you need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your account and any of your device(s) (e.g. laptop, PC, mobile phone) from which the Platform could be accessible. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password.
You shall not allow or provide access to the Platform to any person other than yourself without the prior written approval of EDPFM. You may cancel your online account with us at any time. To the extent permitted by applicable law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
8. Third Party Links
We are not responsible for the content of any third-party sites even if they are linked to or from the Platform. Links appearing on the Platform are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier.
Your use and access of these third-party websites are at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Platform, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.
9. Copyright Infringement Notices
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address.
Our Designated Agent for notice for claims of copyright infringement is Gregg Marrazzo, Senior Vice President and Deputy General Counsel. The Estee Lauder Companies Inc., 767 Fifth Avenue, New York, N.Y. 10153. Telephone: (212) 277-2320. Email: gmarrazzo@estee.com.
Note: the above contact information is provided exclusively for notifying EDPFM that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email to press@fredericmalle.com.
10. Disclaimer of Warranties; Limitation of Liability
The Platform, its content and services are presented “as is”. Neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Platform or any of the content.
You agree that, to the fullest extent permitted by applicable law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Platform; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Platform; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Platform, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected.
Further, to the fullest extent permitted by law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any indirect or consequential damages of any kind (including lost profits) related to the Platform or your use thereof and in no event shall our maximum aggregate liability exceed one hundred euros (€100.00) or the equivalent amount in local currency.
You agree that, to the fullest extent permitted by law, no claims or action arising out of, or related to, the use of the Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the Platform, termination of your use of the Platform is your sole remedy and we have no other obligation, liability, or responsibility to you.
11. Indemnification
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Platforms or the Platform Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
12. Assignment, transfer and governing law
The rights and obligations of the Journalist hereunder shall not be sold, assigned, or otherwise transferred by Journalist without the prior express written consent of EDPFM. The validity, interpretation and enforceability of these Terms and Conditions shall be governed by the laws of France. The Parties hereby do and will agree to the nonexclusive, personal jurisdiction of the commercial courts located within the jurisdiction of the Cour d’Appel de Paris.
13. Notices sent electronically by posting on the platform and via email
EDPFM may send you any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Platform. All Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unfortunately, we cannot provide the benefits of this Platform to any user who do not accept to receive notices electronically.
14. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Platform, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, to the extent permitted by applicable law, to change these Terms and Conditions at any time by posting the changes on the Platform and providing notice of such change. Any changes are effective immediately upon posting to the Platform. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Platform thereafter constitutes your agreement to all such changed Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Platform. We also reserve the right, subject to applicable law, at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at press@fredericmalle.com.
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