GENERAL TERMS OF USE

 

General Information

 

“Lyreco” means LYRECO SAS, rue du 19 mars 1962 - 59770 MARLY (FRANCE), its subsidiaries and affiliates.

 

“User” means any person or legal entity who access, browse or use the Web Site.

 

“Product / Products” means any good offered for sale on the Web Site.

 

“Web Site” means www.lyreco.com and any declination of this Domain Name.

 

“Customization Tools” means any software that allows the User to customize the Products.

 

These GENERAL TERMS OF USE govern the access, browse and use of this Web Site.

 

By accessing, browsing or using this Web Site, each and every time, the User agrees to be bound by these GENERAL TERMS OF USE, additional guidelines, restrictions, or rules that may be indicated in specific sections or services of this Web Site, and agrees to comply with all applicable laws and regulations.

 

The Users are granted permission to access and use this Web Site and its Content (as defined below) for the sole purpose of preparing, evaluating, and ordering products or services through Lyreco.

 

Lyreco reserves the right to add, to alter, amend or withdraw, including any Content (as defined below), to this Web Site and these GENERAL TERMS OF USE at any time without prior notice. Consequently, Users should consult these GENERAL TERMS OF USE regularly.

 

Prohibited use

The User is prohibited from violating, or attempting to violate, the security of the Web Site.

The User must not, and commits not to, use the Web Site in any way that causes, or may cause, damage to the Web Site or impairment of the availability or accessibility of the Web Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

The User must not , and commits not to, use the Web Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

The User must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Web Site without our express written consent.

 

Copyrights

 

This Web Site contains graphics, photographs, images, logos, document layouts, artwork, text, fonts, templates, software tools, and other information (referred to herein as “Content”).

 

This Web Site and all Content are the copyrighted property of Lyreco or the copyrighted property of parties from whom Lyreco has licensed such property.

 

All rights in this Web Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these GENERAL TERMS OF USE.

 

The Customization Tools provided on the Web Site use a limited number of graphic elements.

 

Lyreco reserves the right to use all such elements and to make all such elements available for use by other User in the future.

 

The User does not obtain any right or claim to any of the customization design elements through itscreation of a Content design and/or the incorporation of a Content design into one or more Products.

 

Other Users may use the customization tools to create customized Products that have similar or identical combinations of Content and Lyreco does not guarantee that your creations will not have similarities to creations designed and used by other parties.

 

Lyreco provides no warranty of any kind that Products designs created using the customization tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of a third party.

If the User provides its own Content, including but not limited to logos, text or fonts, the User assures Lyreco that the created customized Product is not subject to any rights held by third parties.  By placing an order on this Web Site, the User warrants that it has all necessary permission, right and authority to incorporate third party material and to place the order.  In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the User.

The User releases Lyreco from all demands and claims which are made due to the infringement of such third party rights, as far as the User is responsible for the breach. The User shall reimburse Lyreco for all defense costs and other damages resulting from any such action.

In any case, Lyreco recommends the Users to obtain the advice of a professional regarding whether the customized Product design is legally available for User’s use and does not infringe the rights of third parties.

Should the User wish to place an order for the customized Products through Lyreco's web shop, The User authorizes Lyreco to produce the Products on its behalf. The orders will be governed by Lyreco's terms and conditions of sale.

 

Access and Update of Personal Data

Lyreco reserves the right to restrict access to any areas of the Web Site, or indeed the whole Web Site, at its discretion.

Lyreco offers extended services including but not limited to, ordering and managing the User personal details via the Web through a name/password protected system.

If Lyreco provides the User with a User ID and password to enable it to access restricted areas of the Web Site or other content or services, the User must ensure that the User ID and password are kept confidential. 

User’s username and password are referred to as its "Identification".

The User agrees that it will be the only user of its Identification, and that it will be solely responsible for all activities on the Web Site using its Identification.

The User is solely responsible for keeping its Identification confidential. Lyreco strongly recommends that the User logs out of the Web Site and closes its browser window when its session is completed to help prevent unauthorised persons from accessing its Identification.

If the User provides Lyreco with Personal Data, the User shall have the right, on reasonable prior written notice, to request inspection, change, amendment, or deletion of such Personal Data (as required under applicable data protection law). Personal Data will be handled in accordance with our Data Privacy Policy. Instructions on how to request inspection change, amendment, or deletion of User’s Personal Data will be given at the point of collection, and if not given at the point of collection, such instructions will be provided upon request.

Personal Data Protection

Lyreco will only collect Personal Data on a mandatory basis where it is necessary to carry out one or more of requested functions or activities, or for the User to get access to Lyreco's Products or services, and Lyreco will only collect it by lawful and fair means.

Data entry on the Web Site for such mandatory information are marked with an * or similar mark. Lyreco might request additional non-mandatory information from the User in order to improve its knowledge of its customers. The User remains free to respond to any such requests for additional information. While Lyreco takes great care in maintaining the security of User’s Personal Data, Lyreco cannot guarantee that unauthorized access will never occur and could not be responsible of third party use of fraudulently obtained personal data.

For each User to the Web Site, the Web Site automatically recognises and stores information which is not normally deemed to be Personal Data, such as the User’s IP address and domain name.

Lyreco uses User-information to understand User traffic patterns through the Web Site for purposes such as enhancing its usability.

User’s computer provides this User-information automatically each time the User logs on, unless User has activated blocking technology available in some browsers. When the User visits the Web Site Lyreco may use so called "cookies", to store certain user-information on the User's computer and allow Lyreco to customize the User's experience to better match the User's interests and preferences, or to simply facilitate the User's signing in to use the services. Most browsers will allow the User to erase cookies from its computer, block acceptance of cookies, or receive a warning before a cookie is stored. However, if the User blocks or erases cookies, Lyreco may not be able to restore any preferences or customisation settings the User previously specified, and Lyreco’s ability to personalise User’s online experience will be limited.

This Web Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on the User's computer, to help Lyreco analyze how Users use the Web Site. The information generated by the cookie about the User's use of the Web Site (including the User's IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the User's use of the Web Site, compiling reports on Web Site activity for Web Site operators and providing other services relating to Web Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the User's IP address with any other data held by Google. The User may refuse the use of cookies by selecting the appropriate settings on the User's browser, however by doing this the User may not be able to use the full functionality of this Web Site. By using this Web Site, the User consents to the processing of data about it by Google in the manner and for the purposes set out above

Use and disclosure of Personal Data

The Personal Data provided to Lyreco on the Web Site will be handled in appropriate and considerate manners. Without limiting the foregoing Lyreco will use and disclose the Personal Data for the purpose of the requested function or activities, for the User to get access to Lyreco’s Products or services in question, or for a purpose specifically stated on the relevant area of the Web Site.

Disclaimer of Warranty

Information, including Products pictures and photographs, on the Web Site is not promised or guaranteed to be correct, current, or complete, and this Web Site may contain technical inaccuracies or typographical errors. 

Lyreco makes no warranties, representations or undertakings about any of the content of the Web Site including but not limited to, any as to the quality, accuracy, completeness or fitness for purpose of any such content.

The information on this Web Site does not constitute advice or recommendation; or any content of any other web-site referred to or accessed by hypertext links or otherwise through this Web Site.

 

Release from liability

 

Lyreco shall not be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees in relation to, contained in or available through, its Web Site.

Lyreco does not endorse or approve the content of any third party web site, nor will Lyreco have any liability in connection with any of them, including, but not limited to, liability arising out of any allegation that the content of any third party web site infringes any law or the rights of any person or is obscene, defamatory or scandalous).

Lyreco does not warrant that functions, materials and information available on this Web Site (and/or linked to this Web Site) will be uninterrupted or error free, that defects will be corrected, or that this Web Site or its server are free of viruses or bugs and other items of a destructive nature.

The Web Site User is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy particular requirements for the accuracy and security of the data input and output.

Lyreco can not be liable for any errors or poor quality if the User use uses its own content, in particular text and logos.

 

Without limitation, no portion of Content may be used as a trademark or service mark, for any illegal purpose or use, for any immoral purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any intellectual property right of any person or entity.

 

User agrees that it will not use the Web Site to produce Products that are illegal, immoral, insulting, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable.

 

User agrees that it shall indemnify and defend Lyreco and all parties from whom Lyreco has licensed portions of Content, and their directors or employees, against all claims, liability, damages, costs and expenses, including legal fees and expenses arising out of or related to (i) User’s breach of these GENERAL TERMS OF USEor (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material the User has incorporated into Products that was not part of the standard Web Site Content.

Links

Lyreco is not responsible for the content of any unaffiliated web sites that may be linked to or from the Web Site. These links are provided for User’s convenience only and the User accesses them at its own risk. Any other website accessed from the Web Site is independent from Lyreco, and Lyreco has no control over the content of that other website. In addition, a link to any other website does not imply that Lyreco endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Lyreco of that third party or of any product or service provided by a third party.

Translations

Certain text in this Web Site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to the User, and Lyreco makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.

Recommendations

Security

The website uses SSL (Secure Sockets Layer) 128-bit encryption.

Please make sure, that you have enabled the use of SSL 2.0 and SSL 3.0 protocols in your browser, otherwise you will not be able to checkout your orders.

Communication in the ordering section between our application and your internet browser is encrypted, therefore SSL 2.0 and SSL 3.0 protocols have to be enabled.

Screen Resolution

The screen size of this website is optimised for 1024 x 768 pixels.

Browsers

We recommend a JavaScript-enabled browser for viewing all content contained within this Website. The website is compatible with Microsoft Internet Explorer 7.0 or above, Mozilla Firefox 3.0 or above, Google Chrome 7 and above, Safari  5.0.0 and above.

If you use browsers other than those listed above page designs may be altered and/or some functions may become disabled.

For the best performance an update of the browser to the most recent version is recommended.

Additional Software

This website requires additional software like Adobe Acrobat Reader or Adobe Flash (version 10 or above) to perform successfully. All software is free of charge and can be downloaded from the editor:

Flash Player

http://get.adobe.com/fr/flashplayer/

Acrobat Reader

http://get.adobe.com/reader/

Breaches of these terms and conditions

Without prejudice to Lyreco's other rights under the GENERAL TERMS OF USE, if the User breaches these GENERAL TERMS OF USE in any way, Lyreco may take such action in compliance with applicable law as Lyreco deems appropriate to deal with the breach, including suspending User’s access to the Web Site, prohibiting the User from accessing the Web Site, blocking computers using User’s IP address from accessing the Web Site, contacting User’s internet service provider to request that they block its access to the Web Site and/or bringing court proceedings against the User.

Law

These GENERAL TERMS OF USE shall be governed by and interpreted in accordance with the laws of France and the courts of France shall have exclusive jurisdiction to hear any matter that arises under these GENERAL TERMS OF USE.