Terms and conditions of use

Preamble

Private Outlet is a website for on-line promotional sales and a social networking service provided by Private Outlet SAS, 7 rue du Landy 93210, La Plaine Saint Denis, France, which enables its Members to access sales of products from leading brands with strong reductions, compared with prices offered to the general public, and to create on-line personal profiles, to invite, and to communicate with old and new friends, and to publish public messages on the Private Outlet Website blog. The Services offered by Private Outlet include the Private Outlet Website and all other functions, content and applications occasionally put forward by Private Outlet in connection with the Private Outlet Website. The Private Outlet Services’ principle place of business is in France.

When you become a member of Private Outlet, you undertake to respect its current Terms and Conditions. If you do not accept these Terms and Conditions, you may not become a member of Private Outlet. Membership of Private Outlet implies full and complete acceptance of the following by the member.

Article 1 – Becoming a member of Private Outlet

In order to be a member of Private Outlet, you must be over 18 and have completed all the obligatory fields in the membership form.
The equipment (computer, software, telecommunication system, etc.) that enables access to the Private Outlet services are provided exclusively at your expense, including the telecommunication costs incurred by using them.
You guarantee that the information you have provided us is exact and conforms to reality. You undertake to supply a real email address, which you actually own. In the event of your not receiving service messages that Private Outlet may have sent you, you hereby renounce all attempts to seek legal redress from Private Outlet.

Once you have become a member, you will be given a personal and confidential login name and password. These must not be communicated to or shared with a third party. In no event will Private Outlet be responsible for the loss of your login name and/or password.

In the event of your using these data in a manner contrary to their intended purpose, Private Outlet reserves the right to cancel your account without prior warning. You will have sole responsibility for the use of these ID data by third parties and for the actions and announcements made through your account, whether fraudulent or otherwise. You guarantee Private Outlet against all claims in this respect.

Furthermore, insofar as Private Outlet does not have the means of checking the identity of the persons who sign up for its services, it is not responsible if a member’s identity is usurped. If you think that someone is using your account or your identity, you must inform us of this immediately by sending a letter to the address listed below.

When a member wishes to sponsor a friend and gives Private Outlet that person’s address, the member undertakes to have secured prior consent from the friend to Private Outlet handling his details. Furthermore, he shall be exclusively responsible towards Private Outlet with regard to this individual, third parties, and the consequences of conveying his address to Private Outlet.

Article 2 - Use of Private Outlet

Once you have become a member, you will have free access to the Private Outlet Website.

Within the context of your use of Private Outlet, you promise to respect the following rules:
* To conform to the applicable law and to respect third party rights, including the dispositions here present.
* To treat Private Outlet and the other users in a loyal manner.
* To respect the intellectual property rights that apply to content supplied by Private Outlet and the other users.
* To never divert a Private Outlet functionality away from the use that was originally intended for it.
* Not to overload the service in any way whatsoever. In particular, not to upload more than 1,000 pages to Private Outlet in the course of one day without written authorisation from us.
* To communicate to Private Outlet and the other users only such information as you consider can be disseminated without involving any kind of prejudice to yourself.
* Not to disseminate information or content that does not conform to reality.
* Not to disseminate information or content that contravenes the rights of others or contains any material of a defamatory, harmful, obscene, offensive, violent or inciting to violence, political, racist or xenophobic nature, or, in general terms, any content that contravenes the purpose of Private Outlet, its applicable laws and regulations, or its good practises.
* Not to disseminate information or content that has the effect of diminishing, disorganising, or preventing normal use of Private Outlet, of interrupting or slowing down the normal communications traffic between its members.
* Not to participate directly or indirectly in a network that aims to set up functions similar to sales and "snowballing" offers, as stated in articles L 122-6 et L 122-7 of the French consumer law.
* Not to take part directly or indirectly in setting up or developing a network that aims at implementing functions similar to multi level marketing (MLM) Furthermore, it is forbidden to recruit independent home-based sellers (HBS) with a view to establishing this kind of network or other services of a similar kind.

If a member should fail to observe one or more of these regulations, Private Outlet reserves the right to cancel his contract unilaterally and with no prior warning, to block the account(s) of the members concerned, to delete automatically all litigious messages, to prevent publication of all or part of a member's profile, and/or to block his access to all or a part of the services, in a temporary or definitive manner, with no recall. In any case, no reimbursement of sums paid by the user will be effected following the definitive removal of their account by Private Outlet.

Private Outlet cannot be held responsible for false declarations by a member.

Article 3 – Confidential nature of your information

The Private Outlet Website respects your private life.

The kind of information that could be gathered on Private Outlet is exclusively intended to make it easier for you to realise your expectations.

You have a right of access to, and of rectifying and deleting, information that concerns you (art. 34 of the French law relating to information technology, computer files and freedom). You can exercise this right by writing a letter to the customer support service at the following address:

Private Outlet SAS
7 rue du Landy
93210 La Plaine Saint Denis
FRANCE

The information which you can see is used to offer you our various services. Every precaution has been taken to archive your data in a secured environment. The information about you that has been entered by you will never be transmitted to a third party, sold, or exchanged, without your prior consent.

You can change or remove all the information about you at any time, directly on the Private Outlet Internet Website, at the following address: www.privateoutlet.com.

Due to the way a website functions, some data of a non-personal nature can be gathered, such as the Browser version (Netscape, Internet Explorer, etc…) used by your computer system (Windows, Mac, Linux, etc…) and your IP address.

Private Outlet uses cookies when you are viewing the website, to enable you to avoid entering the same information each time you want to view a page. You can disable the cookies function by changing the cookie profile in the Browser on your computer. This may have the effect of making some of Private Outlet's functionalities inaccessible.

Article 4 – Intellectual property

The brands, logos, graphics, photos, animations, videos and texts contained on the Private Outlet Internet Website are the intellectual property of Private Outlet or its partners and may not be reproduced, used or represented without express authorisation by Private Outlet under pain of legal proceedings.

User rights are granted to you by Private Outlet only in the form of software on your computer that is intended for viewing the pages consulted by your web Browser. Paper printouts are authorised in the case of private copies for the sole use by the person making the copy in the meaning of article L. 112-5-2o of the French law on Intellectual Property Rights. All other uses are prohibited, unless authorised by Private Outlet.

You are especially prohibited from the right to modify, copy, reproduce, upload, disseminate, transmit, commercially exploit and/or distribute in whatever form the services and web pages on the www.privateoutlet.com website, or the software code for the services and the www.privateoutlet.com website.

Private Outlet has a user licence for intellectual property rights attached to the content supplied by its members with a view to disseminating such content on the www.privateoutlet.com website. This licence gives Private Outlet the right to reproduce, represent, adapt, translate, digitalise, use for advertising purposes, both commercial and non-commercial, and to sub-licence or otherwise transfer the content that concerns you (information, description, etc.).

You grant Private Outlet your express authorisation to modify said content in order to respect the graphic charter of the www.privateoutlet.com website and the other communication aids mentioned above and/or to make them compatible with good technical performance and the formatting of the communication aid concerned.

Article 5 – Cancellation of your account

Every member can end their subscription to Private Outlet at all times and without giving a reason by sending a letter to the following address:

Private Outlet SAS
7 rue du Landy
93210 La Plaine Saint Denis
FRANCE

This request will be considered fulfilled on the next working day after Private Outlet was in receipt of the request to close the account in question.

In the event of failure on your part to meet the applicable conditions of use, Private Outlet reserves the right to suspend or to cancel your account without prior notice.

This cancellation will be effected without prejudice to all the damages and interests which could be reclaimed from you by Private Outlet, authorised persons or legal representatives to repair the harm done as a result of such a failure.

You will be sent an email informing you about the cancellation of your account. All data about you will be destroyed on your request or at the end of a period of 6 months following the cancellation of your account.

Article 6 - Responsibility

The information that a member provides must be exact and conform to reality. Any consequences arising from revealing this information on your life and/or that of other members are your exclusive responsibility. You renounce all proceedings against Private Outlet, notably about the basis of a possible attack on your right to your image, to your honour, and to the intimacy of your private life, resulting from the dissemination or revelation of information about you.

Private Outlet shall not be held responsible for the correct or incorrect nature of the information and content provided by the other members, the visitors to the website and/or yourselves. In the same way, Private Outlet shall be held responsible for content disseminated by a member that is capable of contravening the rights of one or more other members.

The quality of the www.privateoutlet.com website that is required, as much by Private Outlet as by its members, involves respecting a certain ethos with regard to the way its member express themselves or behave, respecting third party rights, and the applicable law and regulations. To assist this requirement for quality, for individual responsibility and an ethical approach, Private Outlet enables all its members to inform it about any information (photos, texts), behaviour or words by a member on the www.privateoutlet.com website that seem to infringe the applicable law and regulations, the image or the purpose of Private Outlet, third party rights or good practise. Consequently, its members recognise and accept that the data they supply, together with their behaviour and their words, are capable of being reported by other members and being moderated and/or checked by Private Outlet on the basis of objective appreciation criteria. In the hypothetical event that this notification or this check should reveal a violation by a member of the applicable law and regulations or of his contractual obligations, the dispositions of the Conditions of Use presented here, notably article 5 – “Cancellation of your account”, can be applied.

In the event that Private Outlet is taken to law to determine its responsibility for the failure by a member to observe the obligations that fall on him within the terms of the law or of these conditions of use, the latter undertakes to guarantee Private Outlet against all judgements pronounced against it, a guarantee that covers all the fines that might be payable and the legal fees and the court costs that it might incur.

Article 7 - How Private Outlet operates

Private Outlet does not guarantee that the services will operate with no interruption or functional fault. In particular, using these services could be interrupted momentarily for maintenance reasons, to enable technical investigations or improvements, or in order to develop the content and/or its presentation.

As far as possible, private Outlet will inform its members in advance of maintenance or investigative operations. You renounce all efforts to establish Private Option's responsibility with regard to the functioning and use of the www.privateoutlet.com website.

Similarly, Private Outlet shall not be held responsible if the Private Outlet Website becomes dysfunctional, impossible to access, or in a poor state for use, due to using equipment that is not adapted to it, to turbulence attributable to the internet provider of the user, to overcrowding on the internet and/or for any other reason not involving Private Outlet.

Private Outlet will not be responsible in any way for indirect damage incurred and especially for the loss of data (including copies) or loss of any material uploaded by you.

Article 8 – Modifications to Private Outlet

Private Outlet reserves the right to modify or develop at any moment the web pages on the www.privateoutlet.com website, its services, and the applicable conditions of use.

These modifications will come into force as soon as they have been put online, on the www.privateoutlet.com website, without affecting the members’ ability to cancel their membership of Private Outlet.

By default, you will be assumed to have accepted these modifications by continuing to use the www.privateoutlet.com website. So, its members are invited to refer to the most recent online version of the website. The presence of the member on the website implies his full acceptance of every revision or modification of the www.privateoutlet.com website.

Article 9 – Governing law and jurisdiction

The present terms and conditions are governed, interpreted and applied according to French law. The French language is to be used in the event of a dispute about the meaning of a term or a disposition in the conditions of sale and of use here present. If there is any confusion about which governing law and jurisdiction applies, the place of jurisdiction shall be the Bobigny law courts, France, for dealing with all litigation relating to the present terms and conditions, including questions about their validity, interpretation, execution and/or their cancellation and its consequences, this list being not exhaustive.