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Terms of Use
Terms of Use of the Website
The website accessible www.henkelmedia.com (the “ Website ”) is the property of Henkel Media (“ Henkelmedia.com ”).
For the purposes hereof, the term “ Henkel Media Group ” means Henkelmedia.com, its related companies (including any subsidiaries), divisions and other companies that are members of its corporate group, its suppliers or licensors, and their respective employees, officers, directors, shareholders, agents, subcontractors and other representatives.
This document constitutes an agreement between you, Henkelmedia.com and the other members of the Henkel Media Group, which sets forth the terms and conditions under which Henkelmedia.com permits you to visit the Website and view the information contained therein. By visiting the Website, you agree to the terms and conditions set forth in this agreement. Please read this document carefully and in its entirety. If for any reason you do not agree with the terms and conditions set forth in this agreement, please terminate your visit to the Website.
BY VISITING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS BY APPLICABLE LAWS.
Your use of the Website must comply with this Agreement and all applicable laws, including, but not limited to, copyright and trademark laws.
You acknowledge that all of the following are the property of HenkelMedia.com or its licensors, as applicable: the information, content, documents, images, trademarks, trade names, trade dress, products, reports, data, graphics, interfaces, web pages, text, files, software, product names, company names, logos and all other materials incorporated into or published on the Website (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto. Content published by HenkelMedia.com on the Website may be owned by third parties and published by HenkelMedia.com under license.
Subject to your compliance with the terms of this Agreement, HenkelMedia.com grants you a non-exclusive, personal, non-transferable, non-sublicensable license to remotely access, through an Internet connection provided by you, the Website and its Content, all solely for your personal use.
This license does not grant you the right to distribute the Content to third parties or to perform the Content in public. In consideration of this license, you agree that all copyright and other proprietary notices displayed with the Content shall remain at all times.
No Content from the Website may be copied, reproduced, republished, uploaded, displayed, transmitted, downloaded or distributed by you in any way without the prior written consent of DanieleHenkel.tv.
Except as expressly provided herein or to the extent HenkelMedia.com has expressly granted written permission to use the Content, no license or right, express or implied, is granted to any person or user of the Website. Specifically, no right, title or interest is transferred to you in any Content, including, but not limited to, any HenkelMedia.com logos or other marks, and HenkelMedia.com reserves all intellectual property rights in and to the Content on the Website.
The primary purpose of the Website is to disseminate Content produced by HenkelMedia.com or its licensors, as well as products and services offered by other members of the HenkelMedia.com Group, as the case may be. The information contained on the Website is provided for informational purposes only and should be used solely for that purpose.
Although HenkelMedia.com uses reasonable efforts to ensure that the information on the Website is accurate and up-to-date, it is possible that from time to time such information may be incomplete, contain errors, or may be outdated or inaccurate. Before making any decision based on the information in question, you should validate the information with another source or contact HenkelMedia.com.
Changes may be made periodically to the Content of the Website; these changes are incorporated into new versions of the Website. For example, HenkelMedia.com may make improvements and/or changes to the programs or products offered on the Website at any time and without notice, and the Content is updated accordingly.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF GENERAL QUALITY, AVAILABILITY OR ERROR-FREE USE, ACCESSIBILITY, ACCURACY, COMPLETENESS, LEGALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. NO WARRANTY BASED ON PRIOR CONDUCT OR ARISING FROM TRADE USES AND CUSTOMS.
HENKELMEDIA.COM GROUP ASSUMES NO LIABILITY FOR THE USE OF THE WEBSITE AND/OR ITS CONTENTS, NOR FOR ANY DAMAGE OR PROBLEM, OF ANY NATURE OR ORIGIN, WHICH MAY ARISE FROM OR RESULT FROM THE USE OF THIS WEBSITE AND/OR ITS CONTENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS UNDERSTOOD THAT THE HENKELMEDIA.COM GROUP SHALL HAVE NO LIABILITY FOR THE FOLLOWING:
INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES OF AN ECONOMIC NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOST DATA OR COSTS OF DATA RECOVERY, NOTWITHSTANDING THE MANNER IN WHICH THEY ARISE, EVEN IF THERE WAS PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS AND EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE;
DAMAGES OR LOSSES RESULTING FROM: (A) VIRUSES, DATA CORRUPTION, FAILURE TO DELIVER MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; (B) TELECOMMUNICATIONS SERVICE PROVIDERS; (C) THE INTERNET BACKBONE; (D) CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES; (E) DAMAGES OR LOSSES CAUSED BY YOU OR YOUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; (F) LOSS OF USE OR UNAVAILABILITY OF INFRASTRUCTURE INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; (G) THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; (H) ANY OTHER WEBSITE FROM WHICH YOU ACCESS THIS WEBSITE OR TO WHICH YOU ACCESS THROUGH THIS WEBSITE; (I) OR EVENTS BEYOND THE CONTROL OF MEMBERS OF THE HENKELMEDIA.COM GROUP, ACTING REASONABLY, EVEN IF THERE WAS PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS AND EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE;
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AND AGGREGATE CUMULATIVE LIABILITY OF THE HENKELMEDIA.COM GROUP, ARISING FROM ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, EXTRACONTRACTUAL LIABILITY, TORT, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT OF ONE HUNDRED CANADIAN DOLLARS (CAD$100). THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL NOT APPLY TO (I) PROPERTY DAMAGE CAUSED TO OTHERS BY THE INTENTIONAL OR GROSS NEGLIGENCE OF HENKELMEDIA.COM; AND (II) ANY BODILY OR MORAL INJURY CAUSED BY HENKELMEDIA.COM.
You agree to indemnify, hold harmless and defend HenkelMedia.com Group from and against any and all suits, actions, costs, claims, damages, demands, debts, liabilities and expenses (including legal, extrajudicial and other disbursements) arising out of or relating to, directly or indirectly, the following:
any information or other content you transmit to HenkelMedia.com Group by email or otherwise;
subject to Section 6, your use or misuse of the Website Content, including, without limitation, any allegations of infringement of intellectual property rights.
The Website contains links that allow you to access websites operated by third parties and which contain information about such third parties (the " Third Party Sites "). These links are provided solely as a convenience to users of this Website and your access to Third Party Sites through links provided on the Website is at your own risk. HenkelMedia.com Group makes no representations or warranties regarding these Third Party Sites, their condition or the information contained therein or distributed through them. HenkelMedia.com Group assumes no liability for any damages that may arise from the use of links to Third Party Sites or the information contained therein or distributed through them.
HenkelMedia.com collects and uses personal information in the course of operating the Website and in accordance with applicable laws and its privacy policy available on the Website.
HenkelMedia.com reserves the right, in its sole discretion, to monitor your use of the Website, as well as the use and access of all other users. By agreeing to access this Website, you consent to such monitoring. You acknowledge, however, that HenkelMedia.com is not obligated to take any action to monitor user activities on the Website, and therefore assumes no responsibility for user activities.
HenkelMedia.com uses "cookies" and other technologies on this Website to collect data that allows us to better understand and improve the features, performance and effectiveness of the Website. Cookies are files that are sent to your browser and stored on your computer. If you do not want HenkelMedia.com to send cookies to your browser, you can set your browser to reject cookies or to notify you when a Website attempts to place a cookie on your browser. By rejecting cookies, your ability to use certain features of the Website may be affected. By accessing the Website without first changing your browser settings, you consent to the use of cookies and release HenkelMedia.com Group from any liability related to these practices.
HenkelMedia.com reserves the right to modify this Agreement at any time, in its sole discretion, by posting the modifications on this Website. It is your responsibility to check the Website periodically and become aware of any modifications to this Agreement. Your access to or use of the Website after any modifications have been posted shall be deemed to be your acknowledgement and acceptance of the Agreement as modified.
In the event of a dispute relating to this Agreement, the version of the Agreement in effect at the time the disputed acts took place shall govern the dispute.
The Website contains trademarks that are the property of HenkelMedia.com Group or third parties. Trademarks that are the property of third parties are used on the Website pursuant to a license that grants rights to HenkelMedia.com Group and not to you. You are not granted any license to use the trademarks appearing on the Website and any such use must be subject to prior approval by HenkelMedia.com.
This Agreement, as amended from time to time in accordance with Section 12, and all other legal notices and policies posted on this Website constitute the entire and complete agreement between you and HenkelMedia.com Group with respect to your use of the Website and the Content.
Notwithstanding the foregoing, certain portions of the Content may be subject to different terms and conditions that are communicated to you at the time you access such Content. If you are notified of terms and conditions other than those contained herein in relation to a specific Content, the terms and conditions in question shall apply to such Content and shall take precedence over this Agreement.
Any provision of this Agreement that is found to be illegal, invalid or unenforceable for any reason shall be deemed to be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the fullest extent permitted by law, all without affecting the other provisions of this Agreement and without affecting its legality, validity or enforceability.
This Agreement is effective for the duration of your use of the Website. HenkelMedia.com reserves the right to prevent or limit your access to this Website at its discretion. The provisions regarding intellectual property, restrictions on use of Content, limitations of warranties, limitations of liability and indemnity contained herein shall survive any termination or expiration of this Agreement.
HenkelMedia.com, the Website and its Content (excluding Third Party Sites and their content) are located in the Province of Quebec, Canada. This Agreement and your use of the Website shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, and shall be treated in all respects as a contract entered into and executed in the Province of Quebec, without reference to its conflict of laws principles.
Any dispute that may arise from your use of the Website is under the exclusive jurisdiction of the courts of the province of Quebec (district of Montreal).
The Website may list or otherwise refer to HenkelMedia.com Group or third-party products, programs and services that may not currently be available in your country. Any mention of such products in a different territory does not obligate HenkelMedia.com Group to offer them in your country at any time.