Terms

The following terms and conditions govern all use of the www.air.maison website (the Site) and any services available at the Site (taken together, the Service). The Service is owned and operated by AIR WORLD SAS (“AIR COSMETICS PARIS”). AIR COSMETICS PARIS may engage affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such involvement of affiliates or third parties is acceptable. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by AIR COSMETICS PARIS (collectively, the Terms of Use). To the extent that the Terms of Use conflict with any special terms and conditions applicable to the provision of the Service (such as the Terms and Conditions for paid services), such special terms and conditions shall prevail. The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. AIR COSMETICS PARIS may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

If you do not agree to all of these Terms of Use, then do not access or use the Service. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

CHANGES

AIR COSMETICS PARIS reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Except as just specified, these Terms of Use may not be amended except by written instrument executed by you and AIR COSMETICS PARIS.

PRIVACY

AIR COSMETICS PARIS's current privacy policy is available at www.air.maison/privacy (the Privacy Statement), which is incorporated herein by this reference.

RULES AND CONDUCT

The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your use for internal business purposes. Any unauthorized use of the Service, including without limitation, any unauthorized commercial use, (including, but not limited to, unauthorized resale of the Service) is expressly prohibited.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by AIR COSMETICS PARIS. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data, code, chat, blogs, Podcasts, messages, files, or other information) using any communications service or other service available on or through the Service, that:

  • is unlawful, untrue, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Use;
  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • imposes an unreasonable or disproportionately large load on AIR COSMETICS PARIS's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of AIR COSMETICS PARIS or any third party; or
  • harvests or collects any information from the Site; or
  • impersonates any person or entity, including any employee or representative of AIR COSMETICS PARIS.

AIR COSMETICS PARIS may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.

CONTENT

AIR COSMETICS PARIS has no obligation to monitor the Service or any use thereof. However, AIR COSMETICS PARIS reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.

You agree not to provide AIR COSMETICS PARIS with any confidential or proprietary information that you desire or are required to keep secret.

REGISTRATION AND SECURITY

As a condition to using Services, you may be required to register with AIR COSMETICS PARIS and select a password and user name (“User ID”). You shall provide AIR COSMETICS PARIS with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Subscriber may not (i) select or use as a User ID or name of another person with the intent to impersonate that person; or (ii) use as a User ID or name subject to any rights of a person other than you without appropriate authorization. AIR COSMETICS PARIS reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your AIR COSMETICS PARIS password and User ID. You are also fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify AIR COSMETICS PARIS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AIR COSMETICS PARIS will not be liable for any loss or damage arising from your failure to comply with the requirements of this paragraph.

THIRD PARTY SITES

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under AIR COSMETICS PARIS's control, and you acknowledge that AIR COSMETICS PARIS is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by AIR COSMETICS PARIS or any association with its operators.

PROPRIETARY RIGHTS

You agree that all content and materials delivered via the Service or otherwise made available by AIR COSMETICS PARIS at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by AIR COSMETICS PARIS in a separate signed writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without separate written permission from AIR COSMETICS PARIS is prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of AIR COSMETICS PARIS. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

LICENSE TO AIR COSMETICS PARIS

By uploading, submitting or otherwise disclosing or distributing content of any kind at the Site or otherwise through the Service, you:

  • grant to AIR COSMETICS PARIS, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
  • represent and warrant to AIR COSMETICS PARIS that you own or otherwise control all rights to such content and that disclosure and use of such content by AIR COSMETICS PARIS (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party; and
  • acknowledge that the content may not be treated confidentially.

By registering for the Service, you further grant AIR COSMETICS PARIS the right to use your and your company's/organization's name, logo and trademark for reference purposes. You confirm that you are an authorized representative of the company/organization registered with AIR COSMETICS PARIS and that you have the authority and power to grant AIR COSMETICS PARIS the rights and licenses mentioned in this Section.

MODIFICATION OF THE SERVICE

AIR COSMETICS PARIS may at any time and in its sole discretion modify or discontinue, temporarily or permanently, the Service or any part thereof, with (via electronic mail or an online notification on the website) or without notice. You agree that AIR COSMETICS PARIS shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.

TERMINATION

AIR COSMETICS PARIS may terminate your access to all or any part of the Service at any time, with or without cause, with (via electronic mail or an online notification on the webiste) or without notice, effective immediately.

NO WARRANTIES

You may terminate your account at any time. If your account remains inactive for 12 months AIR COSMETICS PARIS has the right to terminate your account. In case of termination, your User ID and all of the content you have entered or uploaded on your account will be deleted.

THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. AIR COSMETICS PARIS, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

AIR COSMETICS PARIS (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE CONCERNING THE SUBJECT MATTER OF this agreement, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERwise), for any (A) MATTER BEYOND ITS REASONABLE CONTROL including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. (B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF AIR COSMETICS PARIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN, PROVIDED, HOWEVER, THAT THIS LIMITATION OF LIABILITY IS NOT INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless AIR COSMETICS PARIS, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Service. AIR COSMETICS PARIS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AIR COSMETICS PARIS in asserting any available defenses.

INTERNATIONAL USE

AIR COSMETICS PARIS makes no representation that the Content is appropriate for use in locations outside the European Union, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws

DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of France. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Service shall be filed only in France and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

INTEGRATION AND SEVERABILITY

These Terms of Use are the entire agreement between you and AIR COSMETICS PARIS with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and AIR COSMETICS PARIS with respect to this Site (excluding special Terms and Conditions for paid services and the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

MISCELLANEOUS

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with AIR COSMETICS PARIS's prior written consent. AIR COSMETICS PARIS may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

CONTACT

If you are aware of any violations of these Terms of Use, please report them to: abuse AT AIR DOT Maison

EFFECTIVE DATE OF THESE TERMS OF USE

May 1, 2019