Last Updated: January 18, 2022
Please read this Terms of Use agreement (the “Agreement”) carefully. The terms of this Agreement govern your use of the website www.mareehaute.com (the “Site”), including the purchase of goods on the Site (the “Service”) as operated by Marée High ("we", "us" or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who wish to access or use the Service.
We draw your attention in particular to the sections “Disclaimer” and “Our liability for the loss or damage you have suffered”. By accessing or using the Service, you agree to be bound by this Agreement. If you disagree with any part of this Agreement, we ask that you not use this 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. However, you may choose to no longer receive some or all of our communications by following the unsubscribe link or instructions provided in all of our emails. For contractual purposes, you agree that terms and conditions, contracts, notices, postings and other communications that we send to you electronically satisfy all legal requirements for written communications. The above 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 Site.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our products and services on the Service. We may be late in updating information on the Service and our advertising on other websites. The information on the Service may contain errors and inaccuracies and may not be complete or current. Products or services may be incorrectly priced, inaccurately described, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without notice.
COMPETITIONS, LOTTERIES OR PROMOTIONS
Any contests, sweepstakes or other promotions (together “Promotions”) available on the Service may be governed by rules that differ from those in this Agreement. If you participate in a Promotion, please review the rules that apply and our Privacy Policy. If the rules of a Promotion conflict with this Agreement, the rules of the Promotion will apply.
CONTENT
Our Service allows you to post, link, save, share and otherwise make available certain information and videos or certain text, graphics or other material (“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) the posting of your User Content on or through the Service does not violate the rights of privacy, rights of publicity , 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 User Content that you submit, post or display on or through the Service, and you are responsible for protecting those rights. We are not responsible for any User Content posted by you or any third party on or through the Service.
Backup of User Content. We are under no obligation to backup 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.
Permission to Use User Content. In order for us to operate the Service and 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 through the Service taking into account the fact that this authorization is:
irrevocable – once granted, you cannot withdraw or restrict our right to use your User Content on the terms described above;
non-exclusive – you and others, if you authorize, 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 authorize 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 edit any User Content.
Waiver of Moral Rights. You hereby irrevocably waive (and agree to the cause to which you waive) any claim or assertion of moral rights or attribution with respect to your Content.
Do not submit confidential information in User Content. Please note that 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 via the Service are public and not private, and that you do not require confidentiality of such communications. Any personal data submitted through reviews, feedback and 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) you provide in this way.
Our Content. Any content that does not constitute User Content shall 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 part or in whole, for any commercial purpose or for your personal benefit, without our express prior written permission.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
Protection of our reputation and 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 of any person, (b) is threatening , abusive or intrusive with respect to privacy or may cause inconvenience, nuisance or anxiety, (c) may harass, annoy, embarrass or alarm another person, (d) promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, (e) is intentionally misleading or may deceive any person, (f) impersonates any person or gives incorrect information about your identity or relationship with any person, (g) gives the impression that User Content emanates from us, (h) advocates, promotes, assists or permits any illegal activity, (i) promotes violence or indecent or sexually implied material, ( j) violates any law, regulation, obligation or restriction imposed by a third party, (k) exposes a person to danger of any type, (l) discloses or reveals personal information about another person without their prior authorization, collects or solicits another person's personal information for any commercial or unlawful purpose.
Protection of our systems. Additionally, you agree not to: (i) upload to, transmit, distribute or otherwise make available to others through the Service any computer virus, worm or Trojan horse, time bomb, spyware, bot , bots, spiders or other computer code, files or programs that are potentially harmful or intrusive or made to damage or hijack the operation of, or control the use of, any computer system, hardware, software, equipment or any data, (ii) send , through the Service any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of repetitive or unsolicited messages, whether 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 of the Content of the site, (iv) use a functionality of the Service for a purpose other than the intended purpose, including the exploitation of any malfunction for your personal benefit, (v) interfere with, disable, interrupt or create an unacceptable problem on the servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks, (vi) attempt to gain unauthorized access or provide automated access to the Service or use the Service (or other computer systems or networks connected to or used with the Service), (vii) assist, enable or encourage any person to perform any of the activities described above.
BACK
By providing us with feedback or suggestions regarding the Service (“Feedback”), you thereby transfer the rights to such Feedback to us. Please note that the Feedback you provide to us 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 warrant that you are over 18 years of age and that the information provided is correct, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination 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 activities or actions conducted under your account and/or password, whether your password applies to our Service or the service of a third party. 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 not permitted to be used by law, or a name or trademark that is subject to any rights of another person or entity other than you. , without the appropriate authorization. You may not use any offensive, vulgar or obscene name as your username.
We reserve the right to refuse service, terminate an account, remove or edit Content, or cancel orders in our sole discretion if you physically violate any term of this Content or if we suspect that you have used or attempted to use the Service. 'use for illegal activity.
You must promptly change your password and notify us by emailing us at maree.haute.vin@gmail.com if you suspect or become aware of any unauthorized use of your account or any other violation of Security.
INTELLECTUAL PROPERTY
The Service (including all information and materials we provide on or through the Service) and its original content and all associated domain names (except User Content), all features and options are and will remain the exclusive property of Marée Haute and its licensors. You acknowledge that you have no right to have access to all or part of the Service in source code form. The Service is protected by copyright, trademark, patent, trade secrets, moral rights, privacy rights, rights of publicity, and all intellectual property and proprietary rights in under the laws of the United States, United Kingdom, France and foreign 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 set forth below. You accept :
not to use the Service for any fraudulent or illegal purpose, except as indicated 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 linked to the normal use of the Service for the purposes for which it was intended or if this is necessary to safeguard the content or for a question of operational security;
not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented or provided by the Service, including but not limited to for public and commercial purposes, including text, images, audio and videos;
not to rent, sublicense, lend, distribute, timeshare, translate, merge, adapt, modify or change all or part of the Service;
not to make changes or modifications to all or 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 codes or algorithms or create derivative works based on all or any part of the Service or attempt to do so, except to the extent that such actions cannot be prohibited under the law in vigor;
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 any copyright, trademark or other proprietary notices from the Service and to include our copyright notice on any copies you make of the Service in any media;
to be responsible for obtaining and having obtained all necessary authorizations, consents and permits, including those from third parties, to the extent that you submit, post, transmit or process any personal data using the Service.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that we do not own or control.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We do not guarantee the offerings of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such content, goods or services available on or through the websites or services of any third party.
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 terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to limit a violation of the Contract.
If you wish to close your account, you can simply stop using the Service.
All provisions of the Agreement which by their nature should survive closing shall survive, including, without limitation, ownership provisions, warranty provisions, indemnity and limitations of liability.
COMPENSATION
You agree to defend, indemnify and hold harmless Marée Haute, its parents, branches, subsidiaries and the officers, directors, employees, agents, representatives, partners and licensors of each, from any claim, obligation, liability, loss , expense (including but not limited to attorney's fees) and any damages, costs or liabilities resulting or arising from (a) the use and access of the Service by you or anyone using your account and your password, (b) violation 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 tailor-made for you. You acknowledge that the Service has not been developed to meet your individual requirements and it is therefore your responsibility to ensure that the options and features of the Service meet your requirements.
We are responsible for foreseeable losses and damages caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage suffered as a foreseeable result of our breach of this Agreement or lack of reasonable care and skill, but we are not responsible for any losses or unforeseeable damage. Losses and damages are foreseeable when it is obvious that they might occur or when, at the time of signing this Agreement, 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 that belongs to you and it is due to a reasonable lack of care and skill on our part, we will repair the damage or pay you compensation. 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 error correction, or by complying with the requirements of minimum systems that we recommend.
Limitation of Liability. To the maximum extent permitted by applicable law, our total cumulative liability to you arising out of or relating to the Service shall in no event exceed one hundred (£100) pounds sterling or the price paid by you for the Service during of the preceding twelve (12) months, whichever is greater.
We are not responsible for any business losses. If you use the Service for commercial purposes, we will not be liable for any loss of profitability, loss of business, business interruption, or loss of business opportunity.
We are not responsible for events beyond our control. We will not be liable for any failure or 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 delay or latency due to your geographic location or your wireless data service provider's network.
Which we do not exclude. Nothing in this Contract may limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation;
any other liability that cannot be excluded or limited by applicable law.
Your responsibility. You agree to compensate us for any claims, losses, liabilities, expenses (including legal expenses and costs), and damages and costs incurred by us arising out of any use of the Service that violates this Agreement. We reserve the right to the exclusive defense and control of any claim made by a third party related to your use of the Service and you agree to assist and cooperate with us with respect to any such claim.
DISCLAIMER
Use of the Service is at your own risk. The Service is provided “AS IS” and “AS AVAILABLE,” with all faults. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement or method of execution.
Marée Haute does not warrant that a) the Service will operate uninterrupted, timely, secure, error-free or available at any time or location, b) all errors and defects will be corrected, c) the Service is free viruses or other harmful components, d) the results of the use of 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 incidental 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 any right to enforce this Agreement.
If a court finds any part of this Agreement to be illegal or unenforceable, the remainder will continue in effect. Each paragraph of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will continue in force.
Even if we delay enforcing this Agreement, we can always enforce it later. If we do not insist immediately that you do what you are required to do under this Agreement or if we delay in taking action against you because of your breach of this Agreement, that does not mean that you must not do these things and will not prevent us from taking action against you later.
What laws apply to this Agreement and when to take legal action? This Agreement 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 live in another EU country, you can take legal action to ensure that consumer protection rights under this Agreement are enforced in the EU country in which 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 respond to a threat to Security. If a revision is material, we will provide at least 15 days' notice before the new Agreement takes effect.
Contact us. If you have any questions regarding this Agreement, please contact us at maree.haute.vin@gmail.com.