Terms of Service

Last updated on October 1, 2024

AGREEMENT ON OUR LEGAL TERMS
We are Balberg Creation SAS, trading as Stands, Profictions ("Company", "we", "us", "our"), a company registered in France at Pentone, Cervioni, Corsica 20221.
We operate the stands.blue website (the "Site"), as well as other related products and services that refer or make reference to these legal terms (the "Legal Terms") (collectively, the "Services").
Our platform provides managed support for WordPress and WooCommerce.
Vous pouvez nous contacter par téléphone au +33749828844, par email à hello@stands.blue, ou par courrier à Pentone, Cervioni, Corse 20221, France.
These Legal Terms constitute a legally binding agreement between you, either personally or on behalf of an entity ("you"), and Stands.blue / Balberg Creation SAS, regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST IMMEDIATELY STOP USING THE SERVICES.
Additional terms and conditions or documents that may be published on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes to these Legal Terms from time to time. We will alert you to any changes by updating the "Last Updated" date on these Legal Terms, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Legal Terms to stay informed of any updates. You will be subject to, and will be deemed to have been informed of and to have accepted, changes in any revised Legal Terms by your continued use of the Services after the date of publication of the revised terms.
The Services are intended for users who are at least 18 years of age. Persons under the age of 18 are not authorized to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER PERCEPTIONS
  4. USER REGISTRATION
  5. PURCHASING AND PAYMENT
  6. SUBSCRIPTIONS
  7. PROHIBITED ACTIVITIES
  8. USER-GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENSE
  10. THIRD-PARTY WEBSITES AND CONTENT
  11. SERVICE MANAGEMENT
  12. PRIVACY POLICY
  13. DURATION AND TERMINATION
  14. MODIFICATIONS AND INTERRUPTIONS
  15. APPLICABLE LAW
  16. DISPUTE RESOLUTION
  17. CORRECTIONS
  18. DENIAL
  19. LIMITATIONS OF LIABILITY
  20. COMPENSATION
  21. USER DATA
  22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
  23. USERS AND RESIDENTS OF CALIFORNIA
  24. MISCELLANEOUS
  25. CONTACT US
  26. OUR SERVICES
    The information provided when using the Services 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 requirements within such jurisdiction or country. Accordingly, persons who choose to access the Services 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.
    The Services are not adapted to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to these laws, you may not use the Services. You may not use the Services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).
  27. INTELLECTUAL PROPERTY RIGHTS
    Our intellectual property
    We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, web designs, audio, video, text, photographs and graphics in the Services (collectively, the "Content"), as well as the trademarks, signs, and logos contained therein (the "Marks").
    Our Content and Trademarks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
    The Content and Marks are provided in or through the Services "AS IS" for your personal non-commercial use or for internal business purposes only.
    Your use of our Services
    Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
  • access the Services; and
  • download or print a copy of any portion of the Content you have properly accessed, solely for your personal, non-commercial use or for internal business purposes.
    Except as provided in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
    Si vous souhaitez faire un usage quelconque des Services, du Contenu ou des Marques autre que celui prévu dans cette section ou ailleurs dans nos Termes Juridiques, veuillez adresser votre demande à : hello@stands.blue. Si nous vous accordons un jour la permission de publier, reproduire ou afficher publiquement toute partie de nos Services ou Contenu, vous devez nous identifier comme les propriétaires ou licenciés des Services, du Contenu ou des Marques et vous devez vous assurer que tout avis de droits d’auteur ou de propriété apparaît ou est visible lors de la publication, de la reproduction ou de l’affichage de notre Contenu.
    We reserve all rights not expressly granted to you with respect to the Services, the Content and the Marks.
    Any infringement of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
    Your submissions and contributions
    Please read this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand (a) the rights you grant us and (b) the obligations you have when you post or upload any content via the Services.
    Submissions : By sending us directly any questions, comments, suggestions, ideas, feedback or other information regarding the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own such Submission and shall have the unrestricted right to use and distribute it for any lawful, commercial or other purpose, without acknowledgment or compensation to you.
    Contributions : The Services may invite you to discuss, contribute or participate in blogs, chat rooms, online forums and other features during which you may create, submit, post, display, transmit, publish, distribute or disseminate content and materials to us or through the Services, including but not limited to text, writing, video, audio, photographs, graphics, comments, ratings, rating suggestions, personal information or other materials ("Contributions"). Any Submission that is publicly posted will also be considered a Contribution.
    You understand that Contributions may be visible to other users of the Services and possibly through third party sites.
    When you post Contributions, you grant us a license (including the use of your name, trademarks and logos): By posting Contributions, you grant us an unlimited, irrevocable, permanent, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, adapt (in whole or in part) and exploit your Contributions (including, without limitation, your image, name and voice) for any purpose, commercial, advertising or otherwise, to prepare derivative works, or to incorporate into other works, your Contributions, and to sublicense the rights granted in this section. Our use and distribution may be in any media format and through any media channel.
    This license includes our use of your name, company name and franchise name, if any, and the use of any trademarks, service marks, trade names, logos and personal and commercial images you provide.
    You are responsible for what you publish or download: By sending us Submissions and/or posting Contributions through any part of the Services or by making Contributions accessible through the Services by linking your account to one of your social network accounts, you :
  • confirm that you have read and agree to our "PROHIBITED ACTIVITIES" and that you will not post, send, publish, upload or transmit through the Services any Submission or publish any Contribution that is unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or confusing;
  • to the extent permitted by applicable law, waive all moral rights to any Submission and/or Contribution;
  • warrant that any Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the aforementioned rights in connection with your Submissions and/or Contributions; and
  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
    You are solely responsible for your Submissions and/or Contributions and you expressly agree to indemnify us for any losses we may incur as a result of your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law.
    We may delete or modify your content: Although we have no obligation to monitor Contributions, we reserve the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions to be harmful or in violation of these Legal Terms. If we delete or modify Contributions, we may also suspend or deactivate your account and report you to the authorities.
  1. USER PERCEPTIONS
    By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have legal capacity and agree to abide by these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services by any automated or non-human means, whether by bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services 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 the Services (or any portion thereof).
  2. USER REGISTRATION
    You may be required to register to use the Services. You agree to keep your password confidential and shall be responsible for all use of your account and password. We reserve the right to delete, retrieve or modify any username you choose if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
  3. PURCHASING AND PAYMENT
    We accept the following methods of payment:
  • Visa
  • Mastercard
  • American Express
  • PayPal
    You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update account and payment information, including e-mail address, payment method and payment card expiration date, so that we may complete your transactions and contact you if necessary. Sales tax will be added to the price of purchases as we deem necessary. We may change prices at any time. All payments must be made in euros.
    You agree to pay all charges at the then-current prices for your purchases and any applicable shipping charges, and you authorize us to bill your chosen payment provider for these amounts upon placement of your order. We reserve the right to correct any errors or inaccuracies in pricing, even if we have already requested or received payment.
    We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same payment method and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers, distributors, or dealers.
  1. SUBSCRIPTIONS
    Billing and Renewal
    Your subscription will continue and renew automatically unless you cancel. You consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable order. Your billing cycle is monthly.
    Cancellation
    Tous les achats sont non remboursables. Vous pouvez annuler votre abonnement à tout moment en vous connectant à votre compte. Votre annulation prendra effet à la fin de la période de paiement en cours. Si vous avez des questions ou êtes insatisfait de nos Services, veuillez nous envoyer un email à hello@stands.blue.
    Fee changes
    We may, from time to time, change the subscription fee and will communicate any price changes in accordance with applicable law.
  2. PROHIBITED ACTIVITIES
    You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors, except those specifically approved or authorized by us.
    As a user of the Services, you agree not to:
  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
  • Deceive, defraud or mislead ourselves and other users, including any attempt to learn sensitive account information such as user passwords.
  • Bypass, disable or otherwise interfere with the security features of the Services, including those that prevent or restrict the use or copying of any Content or impose limitations on the use of the Services and/or the Content contained therein.
  • Denigrate, tarnish or harm, in our opinion, us and/or the Services.
  • Use information obtained through the Services to harass, abuse or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with applicable laws or regulations.
  • Engage in unauthorized framing or linking to the Services.
  • Upload or transmit (or attempt to upload or transmit) any viruses, Trojan horses or other materials, including excessive use of capital letters and spam (continuous posting of repetitive text), that interfere with any party's uninterrupted use and enjoyment of the Services or that modify, alter, disrupt or interfere with the use, functionality, operation or maintenance of the Services.
  • Engage in automated use of the system, such as using scripts to send comments or messages, or using any data collection, robots, or similar extraction tools.
  • Remove copyright or other proprietary rights notices from any Content.
  • Attempt to impersonate another user or person, or to use another user's username.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmitting mechanism, including, without limitation, transparent interchangeable graphic formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcm").
  • Interfere with, disrupt or create an undue burden on the Services or networks or services connected to the Services.
  • Harass, annoy, intimidate or threaten any of our employees or agents engaged to provide any part of the Services to you.
  • Attempt to circumvent any measure of the Services designed to prevent or restrict access to the Services, or any part of the Services.
  • Copy or adapt the Services' software, including, but not limited to, Flash, PHP, HTML, JavaScript or any other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software comprising or in any way forming part of the Services.
  • Except as a result of the standard use of a search engine or Internet browser, use, launch, develop or distribute any automated system, including, without limitation, any spider, robot, cheat utility, extraction tool or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a purchasing agent to make purchases on the Services.
  • Make unauthorized use of the Services, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses.
  • Use the Services in efforts to compete with us or use the Services and/or Content for the purpose of generating revenue or for any commercial enterprise.
  1. USER-GENERATED CONTRIBUTIONS
    The Services may invite you to discuss, contribute or participate in blogs, discussion forums, and other features, and may provide you with the opportunity to create, submit, post, disseminate or transmit content and materials to us or on the Services, including, but not limited to, text, writing, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, "Contributions"). Contributions may be visible to other users of the Services and through third-party sites. As such, any Contribution you transmit may be considered non-confidential and non-proprietary. When you create or make available any Contribution, you hereby represent and warrant that :
  • The creation, distribution, transmission, public display or performance, and the access, downloading or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights, of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, waivers and permissions to use and authorize us, the Services and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, waiver and/or permission of each individual identifiable in your Contributions to use the name or likeness of each individual identifiable to enable the inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate or misleading.
  • Your Contributions do not constitute 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, defamatory, libelous or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, denigrate, intimidate or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of these terms) another person or to promote violence against a specific person or class of persons.
  • 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 violate any applicable law regarding child pornography, or otherwise intended to protect the health or welfare of minors.
  • Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
    Any use of the Services in violation of the above provisions constitutes a breach of these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
  1. CONTRIBUTION LICENSE
    By posting your Contributions on any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully compensable, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, summarize (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise, and to prepare derivative works from, or incorporate into other works, such Contributions, and to grant and authorize sublicenses for the foregoing. Use and distribution may be in any media format and through any media channels.
    This license shall apply to any form, media or technology now known or later developed, and includes our use of your name, company name and franchise name, if any, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not been otherwise asserted in your Contributions.
    We do not claim any ownership rights in your Submissions. You retain full ownership of all your Submissions and all intellectual property or other rights associated with your Submissions. We are not responsible for any statements or representations in your Submissions made by you in any part of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to hold us harmless and to refrain from taking any legal action against us regarding your Contributions.
    We have the right, in our sole and absolute discretion, to (1) edit, modify or otherwise change any Submission; (2) reclassify any Submission to more appropriate locations on the Services; and (3) pre-approve or remove any Submission at any time and for any reason, without notice. We have no obligation to monitor your Submissions.
  2. THIRD-PARTY WEBSITES AND CONTENT
    The Services may contain (or you may be directed to via the Site) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or materials owned or originated by third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, adequacy or completeness by us, and we are not responsible for any Third Party Site accessible through the Services or any Third Party Content published on, available from, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of Third Party Sites or Third Party Content. The inclusion of, link to, or permission to use or install any Third Party Site or Third Party Content does not imply our approval or endorsement. If you decide to leave the Services and access Third Party Sites or use or install any Third Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should consult the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Services or any application you use or install from the Services. Any purchases made through Third Party Sites will be made through other sites and from other companies, and we assume no responsibility or liability in connection with such purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not warrant any products or services offered on Third Party Sites and you shall hold us harmless for any damages caused by your purchase of such products or services. In addition, you shall indemnify us against any loss suffered by you or damage caused to you in connection with or arising in any way from any Third Party Content or any contact with Third Party Sites.
  3. SERVICE MANAGEMENT
    We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; (3) 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 ; (4) in our sole discretion and without limitation, notice or liability, remove from the Services or otherwise disable any files and content which are excessive in size or which are in any way overwhelming to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper operation of the Services.
  4. PRIVACY POLICY
    We care about privacy and data security. Please see our Privacy Policy: stands.blue/confidentiality. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in Germany and France. If you access the Services from another part of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the laws applicable in Germany and France, then by your continued use of the Services, you are transferring your data to Germany and France, and you expressly consent to your data being transferred to and processed in Germany and France.
  5. DURATION AND TERMINATION
    These Legal Terms will remain in effect for as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, AT OUR SOLE DISCRETION.
    If we terminate or suspend your account for any reason, you are prohibited from re-registering and creating a new account under your name, a false name, or the name of any third party, even if you are 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 remedies.
  6. MODIFICATIONS AND INTERRUPTIONS
    We reserve the right to modify, adjust or remove content from the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.
    We cannot guarantee that the Services will be available at all times. We may encounter hardware, software or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. We reserve the right to modify, revise, update, suspend, discontinue or otherwise adjust the Services at any time or for any reason without notice. You agree that we shall have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any period of discontinuance or interruption of the Services. Nothing in these Legal Terms shall be construed as an obligation on our part to maintain and support the Services or to provide any corrections, updates or releases in connection therewith.
  7. APPLICABLE LAW
    These Legal Terms are governed by and construed in accordance with the laws of France, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual place of residence is in the EU, and you are a consumer, you also benefit from the protection offered by mandatory provisions of law in your country of residence. Stands.blue / Balberg Creation SAS and you both agree to submit to the non-exclusive jurisdiction of the courts of Bastia, which means that you may make a claim to defend your consumer protection rights in respect of these Legal Terms in France, or in the EU country in which you reside.
  8. DISPUTE RESOLUTION
    Informal negotiations
    To expedite the resolution and control the costs of any dispute, controversy or claim in connection with these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to informally negotiate any Dispute (except for those Disputes expressly provided for below) for at least thirty (30) days prior to initiating arbitration. Such informal negotiations shall commence upon receipt of written notice from one Party to the other Party.
    Arbitration Location
    Any dispute arising out of the relationship between the Parties to these Legal Terms shall be determined by an arbitrator who shall be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration forming part of the European Arbitration Centre having its seat in Strasbourg, and which are in force at the time the request for arbitration is filed, and the adoption of which clause constitutes acceptance. The seat of the arbitration shall be Bastia, France. The language of the proceedings shall be French. The applicable rules of substantive law shall be those of France.
    Restrictions
    The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined to any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class basis or to use class settlement 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 population or other persons.
    Exceptions to informal negotiations and arbitration
    The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and dispute resolution by arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of a Party's intellectual property rights; (b) any Dispute related to, or arising out of, allegations of theft, piracy, violation 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 shall elect to arbitrate any Dispute falling within the 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 such court.
  9. CORRECTIONS
    There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update the information on the Services at any time, without notice.
  10. DENIAL
    THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY SITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR (1) ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR EQUITABLE DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREON, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES, ANY LINKED SITE, OR ANY SITE OR MOBILE APPLICATION MENTIONED IN A BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD EXERCISE GOOD JUDGMENT AND EXERCISE APPROPRIATE CAUTION.
  11. 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 ANY LOSS OF PROFITS, REVENUES, DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, 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 REASON WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO THE ACCRUAL OF ANY CAUSE OF ACTION. SOME U.S. STATE 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 NOTICES OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  12. COMPENSATION
    You agree to defend, indemnify and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of any third party's rights, including, but not limited to, intellectual property rights; or (6) any act harmful to any other user of the Services with whom you have connected via the Services. 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 claim, action or proceeding subject to such indemnification as soon as we become aware of it.
  13. USER DATA
    We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services. Although we make regular data backups, you are solely responsible for all data you transmit or that is related to any activity you undertake while using the Services. You agree that we will not be liable for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption of such data.
  14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
    Visiting the Services, e-mailing us and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by e-mail and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER DOCUMENTS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR EFFECTED BY US OR THROUGH THE SERVICES. You hereby waive any right or requirement under any statute, regulation, rule, ordinance or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic documents, or payments or the extension of credit by means other than electronically.
  15. USERS AND RESIDENTS OF CALIFORNIA
    If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
  16. MISCELLANEOUS
    These Legal Terms and any policies or operating rules published by us on or in connection with the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law. We may assign all or part of our rights and obligations at any time. We will not be responsible or liable for any loss, damage, delay or failure to act caused by anything beyond our reasonable control. If any provision or part of any provision of these Legal Terms shall be deemed unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms shall not be construed against us by reason of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signature by the parties to enforce these Legal Terms.
  17. CONTACT US
    To resolve a complaint about the Services or to receive more information about using the Services, please contact us at :
    Stands.blue / Balberg SAS
    Pentone
    Cervioni, Corsica 20221
    France
    Telephone: +33749828844
    hello@stands.blue