DEVIALETUser Terms and Conditions
I. Acceptance of Terms of Use
These Terms of Use (the “Terms of Use”) describe the terms by which Devialet S.A. (“Devialet”), including its subsidiaries, offers you access to its website, its mobile applications, and its software (collectively, the “Services") and the content and services offered on these Services. In consideration of Devialet granting you access to the Services, you acknowledge that you have read and understand each of the terms and conditions of these Terms of Use and agree that these Terms of Use govern your use of the Services. If you do not agree to accept these Terms of Use, you may not access or otherwise use the Services. Any continued use of the Services or Devialet’s products (Phantom I, Phantom II, Expert Pro, Devialet Gemini, Devialet Dione and the accessories) implicitly means an acceptance of the Services and the terms and conditions stated herein.
II. Modification of Terms of Use
Devialet may modify these Terms of Use at its sole discretion by publishing the revised terms on the Services, with the revised terms taking effect as of the date of publishing. Your continued use or repeated use of the Services indicates your consent to be bound by such revised Terms of Use. You are advised to regularly review any applicable terms and conditions.
III. Account creation
In order to access certain parts of the Services, you may be required to create an account. In order to create an account, you will be required to provide your name, email address and a password. You agree to provide accurate and complete information for your account and to update that information promptly in case of any changes. We will maintain your account information in accordance with the terms and conditions of our Privacy Policy. You are responsible for maintaining the confidentiality of your account log‐in information, and for all activities that occur through the use of your account. You agree to: (i) immediately notify us of any unauthorized use of your account or any other breach of security, and (ii) ensure that you log-out from your account at the end of each session. By creating an account on our website or on our applications, you represent that you have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to these terms and conditions, on behalf of yourself and, at your discretion, on behalf of a minor child over the age of thirteen (13) for whom you are a parent or a legal guardian and who you have authorized to use the account. You further agree that you are entirely liable and responsible for all activities conducted through your account, and that you are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of these Terms of Use.
IV. Use of the website and restrictions
Documents published by Devialet on the Services can be copied for personal and non-commercial use only. Such authorization does not allow use of copyrighted content from the Services for the unauthorized sale of Devialet products or services. Any copy you make of any documents shall retain all copyright and other proprietary notices contained herein. Images, logos and other content are not included in this authorization unless they are embedded within the documents. The authorization may be revoked by Devialet at any time, without any justification. In case of such revocation, you must promptly destroy all contents downloaded or otherwise obtained from the Services, as well as all copies of such contents. You agree that you will not, in connection with your use of the Services, violate any applicable law or regulation. You may not use the Services in any way not permitted by the Terms of Use. You agree that you will not (i) take part of any attack on the Services, (ii) disrupt or try to disrupt the Services or any other person’s use of it, (iii) attempt to gain an unauthorized access to the Services, or any computer or network connected to it. You may access and use the Services via mobile devices, as the Services contain specific services and features that can be used from certain mobile devices. Devialet does not guarantee that all the Services and features will be accessible through all devices.
V. Termination of the Terms of Use
The Terms of Use will continue to apply until terminated by either you or Devialet. You may terminate the Terms of Use at any time by closing all of your accounts on the website or deleting the applications. Devialet may terminate the Terms of Use at any time if (i) you breach these terms and conditions, or (ii) if Devialet is required to do so by applicable law. However, continued use of Devialet’s products will not imply a termination of the software offered by Devialet.
VI. Use of personal data
Please refer to our Privacy Policy for more information.
VII. Links
Links to websites or applications operated by third parties may be provided by Devialet. Use of these websites or applications is at your own risk as the content available on the linked websites and the applications are not under the control of Devialet. Devialet disclaims all liability regarding your access to and use of such linked websites or applications.
VIII. Intellectual property
You agree that the Services, including but not limited to products, graphics, user interface, video clips, audio clips, editorial content, and the scripts and software used to implement the Services, contains proprietary information and material that is owned by Devialet and/or its licensors, and is protected by intellectual property laws.
IX. Software Updates
Any software proposed by Devialet and which is used by you may be updated or replaced by software updates or system restore software (“Software Updates”). By using the Devialet products or Services, you agree to Devialet making, at its own discretion and at any time, available future Software Updates that may be automatically downloaded and installed onto your Devialet product(s).
X. Disclaimer of warranties
According to the maximum extent permitted by law, the Service is provided on an « as is » and « as available » basis for your use, without warranties of any kind, either express or implied. This includes without limitation the warranties of merchantability, fitness for your particular purpose, title, non-infringement. Devialet does not warrant the accuracy, completeness or reliability of any content available on the site or its performance. Use of Service is at your own risk. Devialet does not guarantee that the Service will be available at the times or place of your choosing, or that the Service will be uninterrupted or free of error. Devialet makes no warranty that the Service are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you.
If you are a customer who is a consumer (not a professional client) you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVIALET HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
DEVIALET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SERVICE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES, AS WELL AS DEVIALET PRODUCTS AND SERVICES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEVIALET OR A DEVIALET AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
XI. Limitation of Liability
Devialet liability shall not be excluded or limited in case of death or personal injury, fraud, or anything which cannot be excluded or limited by applicable law. Devialet shall not be liable to you whether in contract, tort including negligence or any other theory of liability, and whether or not the possibility of such damage or losses has been notified to Devialet for (i) any indirect, incidental, special or consequential damages, (ii) any loss of income, business, actual or potential profits, goodwill or opportunity, (iii) any damage resulting in loss of data, (iv) any failure to provide Devialet accurate account information or to keep your account details secure and confidential.
XII. Indemnity
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Devialet and its affiliates from and against any and all claims and all liabilities, losses, costs or damages resulting from (i) your breach of these Terms of Use, (ii) your infringement or violation of any intellectual property, (iii) or any misuse of the Services by a third party made possible by your failure to take reasonable measures in order to protect your account information.
XIII. Geographic scope
The Services are operated by Devialet from its office in Paris, France. Other Devialet services may be operated from different territories throughout the world. Devialet reserves the right to limit the provision and/or quantity of any feature, product or service offered on the Services to any person or territory.
XIV. Governing law
The Services are operated by Devialet from its office in Paris, France and you accept that French laws apply to the Services. The fact that certain technical elements used in the operation of the Services may be located elsewhere does not in any way affect the full submission of the Services to French laws.
Last update: 31 October 2019
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