Terms of Use

Last Updated: August 10, 2024

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

Your access to and use of the Service is conditional upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, and others wishing to access or use the Service.

We draw your attention in particular to the sections “Disclaimer” and “Our Liability for Loss or Damage You Incur.” By accessing or using the Service, you agree to be bound by this Agreement. If you disagree with any part of this Agreement, please do not use the Service.

ELECTRONIC COMMUNICATIONS

By creating an account on our Service, you agree to subscribe to our newsletters, advertising and promotional materials, and other information we send. You may, however, opt out of receiving some or all of our communications by following the unsubscribe link or instructions provided in any of our emails. For contractual purposes, you agree that any terms and conditions, contracts, notices, publications, and other communications we send you electronically satisfy any legal requirement that 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 website.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our products and services on the Service. Occasionally, we may experience delays in updating information on the Service or our advertising on other websites. Information on the Service may contain errors and inaccuracies and may not be complete or up-to-date. Products or services may have incorrect pricing, inaccurate descriptions, 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 the information and to correct errors, inaccuracies or omissions at any time without prior notice.

COMPETITIONS, LOTTERIES OR PROMOTIONS

All contests, sweepstakes, or other promotions (collectively, "Promotions") available on the Service may be governed by rules different from those of 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 Promotion's rules will prevail.

CONTENT

Our Service allows you to post, link, save, 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) posting your User Content on or through the Service does not infringe upon 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 that you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We are not liable for any User Content posted by you or any third party on or through the Service.

User Content Backup. We are under no obligation to back up User Content, and your User Content may be deleted at any time without notice. Therefore, we recommend that you store and back up a copy elsewhere. You are entirely responsible for creating and maintaining backup copies of User Content if you choose to do so.

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

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

non-exclusive – you and others, if you allow it, 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;

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

sublicensable – you allow 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 modify any User Content.

Waiver of Moral Rights. You hereby irrevocably waive (and agree on the cause to which you waive) any and all claims or assertions of moral rights or attributions in respect of your Content.

Do not send 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. Therefore, 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 such communications to be confidential. 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 communicate in this way.

Our Content. All 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 whole or in part, for any commercial purpose or for your personal benefit, without our prior express written permission.

Acceptable Use Policy. The following conditions constitute our "Acceptable Use Policy":

Protecting our reputation and the 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 toward any person; (b) is threatening, abusive, or invasive of privacy or may cause annoyance, nuisance, or anxiety; (c) may harass, annoy, embarrass, or alarm any other person; (d) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (e) is intentionally misleading or may mislead any person; (f) impersonates any person or gives incorrect information about your identity or your relationship to any person; (g) makes it appear that the User Content originates from us; (h) defends, promotes, assists, or permits any illegal activity; or (i) promotes violence or indecent material. sexually implied, (j) violates any law, regulation, obligation or restriction imposed by a third party, (k) exposes a person to danger of any kind, (l) discloses or reveals personal information about another person without their prior consent, collects or solicits another person's personal information for a commercial or illegal purpose.

Protection of our systems. Furthermore, you agree not to: (i) upload, transmit, distribute, or make available to others through the Service any computer virus, worm, Trojan horse, time bomb, spyware, robots, bots, spiders, or other potentially harmful or intrusive computer code, files, or programs designed to damage or disrupt the operation of, or control the use of, any computer system, hardware, software, equipment, or data; (ii) send, through the Service, advertising, promotional material, junk mail, spam, chain letters, unsolicited or unauthorized 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 about other users, including email addresses or passwords, without their consent, or systematically download and store Site Content; (iv) use any feature of the Service for any purpose other than its intended purpose. including exploiting any malfunction for your personal gain, (v) hindering, disabling, interrupting or creating an unacceptable problem on the servers or networks connected to the Service, or violating the regulations, policies or procedures of such networks, (vi) attempting to gain unauthorized access or provide automated access to or use of the Service (or other computer systems or networks connected to or used with the Service), (vii) assisting, enabling or encouraging any person to perform any of the activities described above.

BACK

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

ACCOUNTS

When you create an account with us, you guarantee that you are over 18 years of age and that the information you provide is accurate, complete, and up-to-date at all times. Inaccurate, incomplete, or outdated information may result in the immediate closure 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 be responsible for all activities or actions taken using your account and/or password, whether your password applies to 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 prohibited by law, or a name or trademark that is subject to the rights of another person or entity, without the appropriate permission. You may not use as a username an offensive, vulgar, or obscene name.

We reserve the right to refuse service, close an account, remove or modify content, or cancel orders at our sole discretion if you physically violate any term of that Content or if we believe you have used the Service or attempted to use it for illegal activity.

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

INTELLECTUAL PROPERTY

The Service (including all information and materials we provide on or through the Service) and its original content, as well as 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 or all of the Service in source code form. The Service is protected by copyright, trademark, patent, trade secret, 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 other 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 listed below. You agree to:

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

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

not to copy all or part of the Service, unless the copy is related to the normal use of the Service for the purposes for which it was intended or if it is necessary to back up the content or for an operational security reason;

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

not to rent, sublicense, lend, 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 allow the Service or any part thereof to be combined with or incorporated into any other product or service;

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

not to sell, resell, associate with, exploit, provide or make available all or 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 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 medium;

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

LINKS TO OTHER WEBSITES

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

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

You acknowledge and agree that we cannot be held liable, directly or indirectly, for any damages or losses caused or allegedly caused in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.

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

CLOSING

We may close or suspend your account and prohibit access to the Service immediately, without 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 can simply stop using the Service.

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

COMPENSATION

You agree to defend, indemnify and hold harmless Marée Haute, its parent companies, branches, subsidiaries and their respective officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, obligations, liabilities, losses, expenses (including but not limited to attorneys' fees) and damages, costs or debts arising out of or relating to (a) your or anyone using your account and password's use of and access to the Service, (b) your breach 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 tailored to you. You acknowledge that the Service was not developed to meet your individual requirements and that it is therefore your responsibility to ensure that the Service's options and features meet your requirements.

We are liable for foreseeable losses and damages caused by us. If we breach this Agreement, we are liable for losses or damages suffered that are a foreseeable result of our breach of this Agreement or of a reasonable lack of care and skill, but we are not liable for all unforeseeable losses or damages. Losses and damages are foreseeable when it is obvious that they may occur or when, at the time of entering into this Agreement, both you and we knew that they might occur.

When are we liable for damage caused by a failure in the Service? If the Service damages a device or digital content belonging to you, and this is due to our reasonable lack of care and skill, we will repair the damage or compensate you. 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 bug fix, or by meeting the minimum system requirements we recommend.

Limitation of Liability. To the 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 during the preceding twelve (12) months, whichever is greater.

We are not responsible for business losses. If you use the Service for commercial purposes, we will not be liable for any loss of profitability, 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 any delay in performing our obligations under this Agreement caused by any circumstance or event beyond our control, including any failure in public or private telecommunications networks or any delay or latency due to your geographical location or your wireless data service provider's network.

What we do not exclude. Nothing in this Agreement can limit or exclude our liability with respect to:

death or personal injury resulting from our negligence;

fraud or fraudulent statements;

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

Your responsibility. You agree to indemnify us against any and all claims, losses, liabilities, expenses (including legal fees and costs), and any damages and costs we incur arising out of your use of the Service in violation of this Agreement. We reserve the right to exclusively defend and control any third-party claim related to your use of the Service, and you agree to assist and cooperate with us in respect of such claim.

DISCLAIMER

Use of the Service is at your own risk. The Service is provided "AS IS" and "AS AVAILABLE," with all its errors. The Service is provided without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or manner of performance.

High Tide does not guarantee that a) the Service will operate uninterrupted, timely, secure, error-free or be available at all times and in all places, b) all errors and defects will be corrected, c) the Service is free from viruses or other harmful components, d) the results of using this 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 indirect 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 the right to enforce this Agreement.

If a court finds any part of this Agreement to be illegal or unenforceable, the remainder will remain in effect. 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 remain in effect.

Even if we delay in enforcing this Agreement, we may still enforce it later. If we do not immediately insist that you do what you are required to do under this Agreement, or if we delay taking action against you because of your breach of this Agreement, this does not mean that you are not required to do these things and will not prevent us from taking action against you later.

What laws apply to this Contract and when can legal action be taken? This Contract 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 reside in another EU country, you can take legal action to ensure the enforcement of consumer protection rights under this Contract in the EU country where 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 significant, we will provide at least 15 days' notice before the new Agreement takes effect.