• AGREEMENT TO TERMS

 

​These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and PARCEPTIONS ("Company"), concerning your access to and use of the www.parceptions.com website as well as any other media form, media channel, games, mobile website or mobile application related, linked, or otherwise connected there to www.parceptions.com (collectively, the “Site”). You agree that by accessing the www.parceptions.com, you have read, understood, and agreed to be bound by all of these Terms & Conditions. If you do not agree with all of these terms of use, then you are expressly prohibited from using www.parceptions.com and you must discontinue use immediately.

 

Supplemental terms and conditions or documents that may be posted on www.parceptions.com from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms & Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms & Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of www.parceptions.com after the date such revised Terms & Conditions are posted.

 

The information provided on www.parceptions.com is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access www.parceptions.com from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

• INTELLECTUAL PROPERTY RIGHTS

 

​Unless otherwise indicated, www.parceptions.com is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on www.parceptions.com (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of France, international copyright laws, and international conventions. The "Content" and the "Marks" are provided on www.parceptions.com “AS IS” for your information and personal use only. Except as expressly provided in these Terms & Conditions, no part of www.parceptions.com and no "Content" or "Marks" may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use www.parceptions.com, you are granted a limited license to access and use www.parceptions.com and to download or print a copy of any portion of the "Content" to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

• USER REPRESENTATIONS

 

​By using www.parceptions.com, you represent and warrant that:  

- you have the legal capacity and you agree to comply with these Terms & Conditions

- you are not a minor in the jurisdiction in which you reside

- you will not access www.parceptions.com through automated or non-human means, whether through a bot, script, or                  otherwise

- you will not use www.parceptions.com for any illegal or unauthorized purpose

- your use of www.parceptions.com will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of www.parceptions.com (or any portion thereof).

• PROHIBITED ACTIVITIES

 

​- You may not access or use www.parceptions.com for any purpose other than that for which we make www.parceptions.com available. www.parceptions.com may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

• USER GENERATED CONTRIBUTIONS 

 

www.parceptions.com does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on www.parceptions.com, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). "Contributions" may be viewable by other users of www.parceptions.com and through third-party websites. As such, any "Contributions" you transmit may be treated in accordance with www.parceptions.com Privacy Policy. When you create or make available any "Contributions", you thereby represent and warrant that:

 

- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your "Contributions" do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.


- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, www.parceptions.com, and other users of www.parceptions.com to use your "Contributions" in any manner contemplated by www.parceptions.com and these Terms & Conditions.


- you have the written consent, release, and/or permission of each and every identifiable individual person in your "Contributions" to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your "Contributions" in any manner contemplated by www.parceptions.com and these Terms & Conditions.
- your "Contributions" are not false, inaccurate, or misleading.


- your "Contributions" are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.


- your "Contributions" are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).


- your "Contributions" do not ridicule, mock, disparage, intimidate, or abuse anyone.


- your "Contributions" do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.


- your "Contributions" do not violate any applicable law, regulation, or rule.


- your "Contributions" do not violate the privacy or publicity rights of any third party.


- your "Contributions" do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.


- your "Contributions" do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.


- your "Contributions" do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.


- your "Contributions" do not otherwise violate, or link to material that violates, any provision of these Terms & Conditions, or any applicable law or regulation.

 

Any use of www.parceptions.com in violation of the foregoing violates these Terms & Conditions and may result in, among other things, termination or suspension of your rights to use www.parceptions.com.

​​• CONTRIBUTION LICENSE

 

​You and www.parceptions.com agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding www.parceptions.com, you agree that we can use and share such feedback for any purpose without compensation to you. 

 

We do not assert any ownership over your "Contributions". You retain full ownership of all of your "Contributions" and any intellectual property rights or other proprietary rights associated with your "Contributions". We are not liable for any statements or representations in your "Contributions" provided by you in any area on www.parceptions.com. You are solely responsible for your "Contributions" to www.parceptions.com and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your "Contributions".

• ​​SUBMISSIONS

 

​You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding www.parceptions.com ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these "Submissions" for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such "Submissions", and you hereby warrant that any such "Submissions" are original with you or that you have the right to submit such "Submissions". You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your "Submissions".

​• SITE MANAGEMENT

 

We reserve the right, but not the obligation, to:

 

- monitor www.parceptions.com for violations of these Terms & Conditions.

- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms & Conditions, including without limitation, reporting such user to law enforcement authorities.

- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your "Contributions" or any portion thereof.

- in our sole discretion and without limitation, notice, or liability, to remove from www.parceptions.com or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.

 

- otherwise manage www.parceptions.com in a manner designed to protect our rights and property and to facilitate the proper functioning of www.parceptions.com.

• TERM AND TERMINATION

 

​These Terms & Conditions shall remain in full force and effect while you use www.parceptions.com. Without limiting any other provision of these TERMS & Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of www.parceptions.com (including blocking certain IP adresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or convenant contained in these Terms & Conditions or of any applicable law or regulation. We may terminate your use or participation in www.parceptions.com or delete any content or information that you posted at any time, without warning, in our sole discretion.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

• MODIFICATIONS AND INTERRUPTIONS

 

​We reserve the right to change, modify, or remove the contents of www.parceptions.com at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site (www.parceptions.com). We also reserve the right to modify or discontinue all or part of www.parceptions.com without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of www.parceptions.com.  

We cannot guarantee www.parceptions.com will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to www.parceptions.com, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify www.parceptions.com at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use www.parceptions.com during any downtime or discontinuance of www.parceptions.com. Nothing in these Terms & Conditions will be construed to obligate us to maintain and support www.parceptions.com or to supply any corrections, updates, or releases in connection therewith.

• GOVERNING LAW

 

​These Terms shall be governed by and defined following the laws of France. France and yourself irrevocably consent that the courts of France shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

• DISPUTE RESOLUTION

 

​Binding Arbitration

 

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be x. The seat, or legal place, of arbitration shall be France. The language of the proceedings shall be French. The governing law of the contract shall be the substantive law of France.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

• CORRECTIONS

​There may be information on www.parceptions.com that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on www.parceptions.com at any time, without prior notice.

• ​​DISCLAIMER

www.parceptions.com is provided on an as-is and as-available basis. You agree that your use of www.parceptions.com and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with www.parceptions.com and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of www.parceptions.com’s content or the content of any websites linked to www.parceptions.com and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of www.parceptions.com, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from www.parceptions.com, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through www.parceptions.com by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via www.parceptions.com. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through www.parceptions.com, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

​​• LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of www.parceptions.com, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or . Certain France state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

• INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of www.parceptions.com; (2) breach of these Terms & Conditions; (3) any breach of your representations and warranties set forth in these Terms & Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of www.parceptions.com with whom you connected via www.parceptions.com. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

• USER DATA

 

We will maintain certain data that you transmit to www.parceptions.com for the purpose of managing the performance of www.parceptions.com, as well as data relating to your use of www.parceptions.com. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using www.parceptions.com. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

• USER DATA

 

We will maintain certain data that you transmit to www.parceptions.com for the purpose of managing the performance of www.parceptions.com, as well as data relating to your use of www.parceptions.com. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using www.parceptions.com. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

• ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting www.parceptions.com, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on www.parceptions.com, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via www.parceptions.com. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

• MISCELLANEOUS

These Terms & Conditions and any policies or operating rules posted by us on www.parceptions.com or in respect to www.parceptions.com constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. These Terms & Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms & Conditions or use of www.parceptions.com. You agree that these Terms & Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms & Conditions and the lack of signing by the parties hereto to execute these Terms & Conditions.

• CONTACT US 

 

​In order to resolve a complaint regarding www.parceptions.com or to receive further information regarding use of www.parceptions.com, please contact us at: contact@parceptions.com