La Librairie des Enfants
The Librairie Site is not intended for children under the age of 13 and no person under the age of 13 may use the Librairie Site. The Librairie strongly encourages all parents and guardians to monitor all Internet use by their children. If you use the Librairie Site, you affirm that you are at least 13 years old.
This Agreement is binding between you and the Librairie. If you do not agree to any of the terms and conditions set forth herein, you are not authorized or permitted to use the Librairie Site. Changes to this Agreement may be made by the Librairie from time to time, which will be effective immediately upon posting of an updated version. Your continued use of the Librairie Site represents your agreement to such changes and to be bound by such updated version during the respective use.
License to Use for Personal Use
The Librairie grants you a limited conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use the Librairie Site and its content for personal use as permitted by these Terms. This license does not include any resale or commercial use of the Librairie Site or its contents for your benefit, including any collection and use of any listings, descriptions, or prices. The Librairie reserves the right to refuse any registration, cancel any account or deny access to the Librairie Site to anyone for any reason.
Your use of specific features offered by the Librairie Site may require that you register for an account with the Librairie Site, including to select a user account name and password. Your account name and password are personal to you, and you are responsible for the confidentiality and use thereof, and for all activities (including commercial and noncommercial transactions) that are conducted through your account. You agree that the Librairie shall not be responsible or liable for any harm related to the use or disclosure of your user account name and/or password.
You may not use another user’s user account name and password to access someone else’s account. If you discover that someone has used your account or are otherwise aware of a security breach in connection with your account, you agree to notify the Librairie in writing and, unless the Librairie deems unnecessary, change your user account name and password.
User Content and Data
The Librairie reserves the right, which you agree to grant to the Librairie, to access any information associated with content and/or data that you provide to the Librairie Site or that you provide on any other site that is used in or by the Librairie Site. For example, the Librairie may host or interface with Internet-based review sites, message boards, blog feeds, social media feeds or other forums, on which you may submit content.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not restrict or inhibit any other person from using the Librairie Site. You shall not use the Librairie Site for any unlawful purpose, and you shall not express or imply that any statements you make are endorsed by the Librairie, without the Librairie’s prior written consent. Further, you agree not to impersonate any person or entity, whether actual or fictitious, including any employee or representative of the Librairie.
You agree not to submit any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or that infringes the Librairie’s or any third party’s intellectual property rights or other rights. You further agree not to submit any non-public information about companies without authorization. You further agree not to submit any advertisement, solicitation, chain letter, pyramid scheme, survey, contest, investment opportunity or other unsolicited commercial communication.
You agree not to submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals, including individuals under 18 years of age, or that encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), or that characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party, without authorization.
You further agree not to submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
You further agree not to engage in spamming or flooding, or to harvest or collect information about the Librairie Site or its users. You further agree not to use or derive data to determine functionality provided by the Librairie Site, nor to determine statistics regarding performance of the Librairie Site.
You further agree not to circumvent restrictions placed on any and all data available through the Librairie Site, including in an attempt to subvert or compromise the ability of the Librairie to provide users with valid and accurate information.
You further agree not to submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, virtual time bombs or other items of a destructive nature. You agree not to take any action to manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the Librairie Site, and you agree not to link to any portion of the Librairie Site other than the URL assigned to the home page of the Librairie Site or a URL to a web page or content located within the Librairie Site.
You further agree not to use any computer program, including but not limited to a robot, spider, offline reader, Site, Apps, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way, including to reproduce or circumvent the navigational structure or presentation of the Librairie Site. Operators of public search engines may use spiders to copy materials from the Librairie Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
You further agree not to take any action that imposes or may impose (in the Librairie’s sole discretion) an unreasonable or disproportionately large load on the infrastructure of the Librairie Site, including to access, reload or refresh transactional event, or to make any other request to transactional servers, more than once during any three-second interval.
You further agree not to use the Librairie Site in an attempt to, or in conjunction with any device program or service, to circumvent any technological measure that effectively controls access to, or the rights in, the Librairie Site in any way including, without limitation, by manual or automatic device or process.
The Librairie takes intellectual property rights very seriously, and the Librairie Site is protect by domestic and international intellectual property laws. All copyright, trademark rights and other intellectual property rights in all information in the Librairie Site, including but not limited to information, programming, data, text, graphics, images, trademarks, logos, and service marks are owned by the Librairie or its licensors, and you may not use such intellectual property in any way without prior written permission. You may inquire about obtaining permission by writing to:
La Librairie des Enfants
163 East 92nd Street
New York, NY 10128
The Librairie Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Librairie. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without obtaining express written consent in advance from the Librairie. You may not use any meta tags or any other “hidden text” utilizing the Librairie’s name or trademarks without the express written consent of the Librairie, and any unauthorized use terminates the permission or license granted by the Librairie to you.
Claims of Copyright Infringement On the Librairie Site
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Librairie Site infringes your copyright, you may send the Librairie, using the contact information herein, a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on the Librairie Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow the Librairie to locate the content on the Librairie Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send the Librairie a counter-notice. More information about the DMCA is available at http://www.loc.gov/copyright.
For any product or service you purchase using the Librairie Site, whether directly or indirectly, you agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including all applicable taxes. Such taxes include, for example, applicable taxes for any sale or transaction for which taxes may be withheld or otherwise be due to any government or body. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You will not hold the Librairie liable if you do not comply with laws related to your transactions. The Librairie may, at its sole discretion, provide law enforcement with information you provide to the Librairie related to your transactions to assist in any investigation or prosecution of you. If the Librairie is unable to verify or authenticate the information that you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, the Librairie reserves the right to prohibit or refuse you access to the Librairie Site.
Access from Outside the United States
The Librairie Site is designed for and directed to people residing in the United States. The Librairie does not represent that any content available on or through the Librairie Site is appropriate or available in other locations. The Librairie reserves the right to limit availability of the Librairie Site or any service or product described thereon to any person or geographic area at any time. If you choose to access the Librairie Site from outside the United States, you do so at your own risk.
Disclaimer of Warranties
THE LIBRAIRIE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.“ YOUR USE OF THE LIBRAIRIE SITE IS SOLELY AND COMPLETELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE LIBRAIRIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE LIBRAIRIE DOES NOT GUARANTEE THAT THE LIBRAIRIE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE NOR THAT THE LIBRAIRIE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THE LIBRAIRIE IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU AGREE TO RELEASE THE LIBRAIRIE FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Limitation of Liability
IN NO EVENT WILL THE LIBRAIRIE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE LIBRAIRIE SITE, THE USER CONTENT AND DATA, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE LIBRAIRIE SITE, EVEN IF THE LIBRAIRIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER A CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LIBRAIRIE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR:
(a) ANY FAILURE OF ANOTHER USER OF THE LIBRAIRIE SITE TO CONFORM TO THE CODES OF CONDUCT,
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE LIBRAIRIE SITE,
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF THE LIBRAIRIE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE LIBRAIRIE SITE,
(e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT IN CONNECTION WITH THE LIBRAIRIE SITE, OR
(f) ANY LOST, STOLEN OR DAMAGED GOOD OR SERVICE TRANSACTED THROUGH THE LIBRAIRIE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE LIBRAIRIE SITE IS TO STOP USING THE LIBRAIRIE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND THE LIBRAIRIE SITE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE LIBRAIRIE SITE. THE LIBRAIRIE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE LIBRAIRIE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO THE LIBRAIRIE IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIBRAIRIE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
If anyone brings a claim against the Librairie that is related to your use of the Librairie Site, any content you submit, or in connection with your alleged violation of any of these Terms, you agree to indemnify, defend and hold the Librairie and its affiliated companies, suppliers, advertisers and sponsors, and each of the Librairie’s officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). The Librairie reserves the right to take exclusive control and defense of any claim, and you will cooperate fully with the Librairie in asserting any available defenses.
Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to your use of the Librairie Site, or to products or services sold or distributed by the Librairie or through the Librairie Site, will be resolved by binding arbitration rather than in court, with the following exceptions.
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against the Librairie (except for small-claims court actions) may be commenced only in a federal or state court located within New York County, New York, and the Librairie and you both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act. It is intended to be broadly interpreted, and will survive termination of these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
The Librairie and you each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of the Librairie will be entitled to arbitrate such dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
If you have any questions, comments or concerns regarding these Terms or the Librairie Site, you may send those to:
La Librairie des Enfants
163 East 92nd Street
New York, NY 10128
© 2016, 2017 La Librairie des Enfants. All rights reserved.