Conditions of use


WELCOME TO MARILOU DESIGN

Marilou Design welcomes you to its website. Please read these terms of use carefully before using the website. By accessing and using the website or services, you agree to be bound by these terms and conditions in their entirety. If you do not agree to these terms of use, you must not access the website or download any of its content.

OWNERSHIP / RESTRICTIONS ON USE

 Marilou design owns and operates the Website. All content, data, graphics, photographs, images, sounds, videos, software, trademarks, trade names and other information (collectively, the "Content") contained in this website is the property of Marilou Design. The Content is protected by Canadian and international copyright and trademark laws.

 Except as provided herein, you may not modify, copy, reproduce, publish, display, transmit, distribute, display on screen, perform, transfer, sell or create derivative works from the Content without the prior written consent of Marilou design. You may download, print and reproduce the Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein, and that you cite its URL. Reproduction of multiple copies of all or part of the Content for resale or distribution is strictly prohibited without the prior written permission of Marilou design. If you wish to obtain written permission to reproduce content, please contact us at marilou.design@live.ca.

ACCURACY OF INFORMATION

 While Marilou design takes all reasonable steps to ensure the accuracy of the information on this website, it does not warrant that the information or materials contained herein are current, accurate, error-free or complete. Marilou design assumes no responsibility for any errors or omissions in the content of this website, including information relating to product descriptions, pricing and availability. Marilou design reserves the right to make changes and updates to the information posted on the site at any time without notice. Your sole remedy with respect to a purchase made through our website is to return it for a full or partial refund as set forth in the return policy.

AVAILABILITY OF A PRODUCT

 Marilou design ensures that the products offered on the site are available in stock. However, some products may be out of stock. In the event of a completed order for a product that is out of stock, we will inform you as soon as possible and your credit card will be refunded.

REGISTRATION AND PASSWORDS

To access certain parts of the website, you may be required to complete an online registration form.

 In consideration of your use of this website and the services it offers, you agree to provide true, current, complete and accurate information as prompted by the registration form provided to you by the website. You also agree to update your registration information as soon as there is a change to any information on that registration form.

 As part of the registration process, you may be asked to provide a username and password. You are responsible for maintaining the confidentiality of that password and user name, and you are responsible for all activities that occur under your password or user name on this website. You agree to immediately notify Marilou design of any unauthorized use of your password or user name or any other breach of security.

USER BEHAVIOUR

 You may have the opportunity to upload, post, screen or otherwise display information, ideas and opinions on the Website through product reviews, responses, comments posted on the Website or the transmission of other content for display on the Website (collectively "User Content").

 By choosing to access the Website and/or transmitting User Content, you agree to comply with all applicable federal, provincial, territorial and other laws and regulations, as well as the other terms of these Terms of Use and any rules that may be published from time to time by Marilou design. In addition, without limiting the foregoing, you agree not to:

1. upload, post, email or otherwise transmit User Content that :

1.1 Unsolicited or unauthorised promotional or advertising content includes spam, chain letters, pyramid schemes or any form of solicitation;

1.2 violates a patent, trademark, trade secret, copyright or other proprietary (exclusive) rights or privacy rights of third parties;

1.3 is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, hateful, or harassing, violates the privacy of others, or is discriminatory on the basis of race, ethnicity or otherwise;

1.4 contains any form of destructive software such as viruses, worms, Trojan horses, logic bombs, cancelbots, other harmful components or any other files, programs or computer code designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;

2. harvest or otherwise collect or retain any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such other users;

3. Mislead others, create a false identity as to the sender or origin of the message, forge a header or otherwise tamper with an identifier in order to disguise the origin of any content transmitted through the Website;

4. impersonate any person or entity, including, but not limited to, a focus group leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

5. attempt to gain unauthorised access to the Website, other computer systems or networks connected to the Website, by means of password mining or otherwise;

6. interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks;

7. use, download or otherwise copy, or provide to any person or entity, the user directory of a website or other information relating to users or use of a website, in whole or in part, other than in the context of your use of the website.

USER CONTENT

 You are solely responsible for all User Content that you upload, post, display, or link to (hereinafter "post") on or through the Website. You must not post any User Content on the Website that you have not created or been authorised to post.

 Marilou design is not responsible for the User Content and does not assume any responsibility or liability for the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Marilou design may, but is not obligated to, monitor or review activity on the Website and any User Content, and may block, correct, delete or remove (without notice) any User Content in its sole discretion. Marilou design reserves the right to terminate a user's privilege to post User Content or participate in other services offered by Marilou design, where such user fails to comply with these Terms of Use.

 By submitting User Content to the Website, you grant Marilou design a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, transferable right and license to use, reproduce, modify, edit, publish, translate (in whole or in part), create derivative works from, display or publicly perform (in whole or in part) for any purpose and/or incorporate it into other works in any form, media or technology now known or later developed, to view or publicly display the User Content (in whole or in part) for any purpose and/or to incorporate it into other works in any form, media, or technology now known or later developed, without your prior permission, and you further waive any moral rights you may have in the User Content. Furthermore, by transmitting the User Content to Marilou design you represent and warrant that you own and control all rights to the User Content and that you have the right to assign the aforementioned rights to Marilou design. The user content reflects the views and opinions of the person or persons transmitting it.

 You acknowledge that Marilou design may establish general practices and limits concerning use of the Website, including without limitation, establishing the maximum number of days that email messages, postings or other user content may remain posted on the Website. You agree that Marilou design has no responsibility or liability for the deletion or failure to store any messages, other communications or user content on or through the Website. It is your sole responsibility, at your own expense, to make backup copies of and replace any User Content you post or retain on the Website.

PRODUCT REVIEW

 Marilou design strives to provide the public with reviews of its products that are of the highest quality and integrity possible. We encourage honest and respectful communication. Therefore, in addition to adhering to the code of conduct, by submitting a product review you agree to the following:

-You will not post a review of a product you do not own or have not used;

-You will not use any insults, personal attacks or inflammatory language in your product review;

-You will not post product reviews if you are an employee of a competitor's product.

You also understand that Marilou design assumes no obligation to post any product reviews you submit to the website, and may remove them at its sole discretion.

COMPETITION

 From time to time, we may offer contests, sweepstakes and games on the website. Each of these activities is governed by specific rules that are available on the website pages where the promotion is advertised or when you register.

LINKS

 In order to enhance your experience on the website, we may provide links to other websites that are owned and operated by third parties and are not affiliated with our company. Please understand that the websites linked to our website are independent from Marilou Design and that Marilou Design has no control over their content. As such, Marilou Design is not responsible for and makes no warranties or representations as to the accuracy, timeliness and/or completeness of the information contained on such websites.

 The inclusion of links to other sites on our website does not imply that we sponsor, endorse or are affiliated or associated with the trademarks, trade names, service marks, designs, logos, symbols or other copyrighted materials displayed on or accessible through those sites.

 We welcome any comments you may have on the external links we have placed on our website.

DISCLAIMER / LIMITATION OF LIABILITY

 Although we do our best to update and maintain the content of the website, errors and/or omissions may occur.

ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED, IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MARILOU DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. MARILOU DESIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL MARILOU DESIGN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT OR SERVICES OR THE INABILITY TO USE THE WEBSITE OR THE CONTENT OR SERVICES EVEN IF MARILOU DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

By using this website, you agree to indemnify and hold harmless Marilou Design, its affiliates, members, officers, employees, agents, and licensors from and against all losses, costs, damages, claims, fines, penalties, expenses, and liabilities (including reasonable attorneys' fees and accounting expenses) arising out of:

-any content (including user content) that you (or anyone using your password or username) submit, post, transmit or make available to visitors to the website;

-for your (or anyone else's) use of, or connection to, this website, or any other alleged breach by you of these terms of use, including, without limitation, the Code of Conduct;

-your failure to comply with a law or the rights of a third party.

CONFIDENTIALITY OF PERSONAL INFORMATION

 Marilou design respects your right to privacy of your personal information. Please see our Privacy Policy for more information on how we collect, use, disclose and otherwise manage your personal information.

CHANGES AND TERMINATION

 Marilou Design reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. In addition, Marilou Design reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on its website. It is your responsibility to review the Terms of Use regularly, including, without limitation, checking the "last updated" date at the bottom of this document. Your continued use of the Website following such changes constitutes your consent to be bound by them, and your continued access to the Website constitutes Marilou design's consideration to you. Your sole remedy if you are dissatisfied with (1) these Terms of Use; (2) our policies or practices relating to the operation of our website; or (3) any content accessible from the website, is to discontinue visiting and using this website.

APPLICABLE LAWS

 These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, and any disputes shall be submitted to a court of competent jurisdiction in the judicial district of Quebec City, Province of Quebec. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be severable from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 These Terms of Use and any other legal notices or statements posted on the Website constitute the entire agreement between you and Marilou design with respect to the use of the Website, including the Content.

APPLICABLE TAXES

Taxes are applicable according to the place of delivery of the items respecting the federal and provincial tax laws.

NOTICE

Notices may be sent to you by e-mail or mail or, if changes are made to these Terms of Use or to the services offered by the Website, by posting notices or by linking to such notices on the Website itself.

If you have any questions or comments regarding these terms of use, please contact us at marilou.design@live.ca.

Last updates: 26/04/2017