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Terms of Service

Legal information and purpose of these General Terms and Conditions of Use

The present General Terms and Conditions of Use of the company e-comeo OÜ (hereinafter referred to as the “General Terms and Conditions of Use”) – whose full contact details are available in the General Terms and Conditions of Use, accessible from the footer of the site.

(hereinafter "Vorales") - are intended to define the terms of use of the Vorales.com website (hereinafter the "Site") published and operated by Vorales.

The conditions of sale of products from the Site are defined in Vorales's General Terms and Conditions of Sale, accessible from the footer of the site.

The conditions of use of the paid services accessible from the Site are defined in Vorales's General Terms and Conditions of Service, accessible from the footer of the site.

The Vorales customer service can be contacted by email at contact@Vorales.com.

The site is hosted by WP Engine Inc, 504 Lavaca, Suite 1000, Austin, TX 78701, United States.

Vorales reserves the right to modify these Terms and Conditions of Use at any time.

Definitions

For the purposes of these General Terms and Conditions of Use, capitalized terms, whether used in the singular or plural, shall have the following meaning:

  • General Terms of Use: refers to these General Terms of Use;

  • Privacy Policy: refers to the privacy and personal data protection policy implemented by Vorales and accessible from the site footer, which forms an integral part of these General Terms of Use;

  • Personal Data: refers to the Internet User's personal data collected and processed by Vorales in connection with consultation of the Site, such as, where applicable, the creation and management of his/her Account and the provision of Services, in accordance with the terms and conditions set out in the Privacy Policy

  • Internet User: refers to all visitors to the Site, whether or not they are Customers (as defined in the General Terms and Conditions of Sale accessible from the footer of the Site) and/or Subscribers (as defined in the General Terms and Conditions of Service accessible from the footer of the Site);

  • Products: refers to products marketed by Vorales from the Site;

  • Services: refers to the functionalities and services as defined in article IV made available to Internet users and accessible from the Site and, for certain services, following the prior creation of an account and acceptance of the General Terms of Service accessible from the footer of the site;

  • Site: refers to the Internet site published by the company e-comeo OÜ OÜ, accessible in particular via the URL address Vorales.com;

  • Vorales : refers to the company e-comeo OÜ, whose registered office is located at Lõõtsa tn 2a, 11415 Tallinn, Estonia, registered under the number 16563515.

Scope, acceptance and modification of the General Terms and Conditions of Use

The purpose of the General Conditions of Use is to define the conditions under which Internet users may consult the Site and benefit from the Services.

Access to or use of all or part of the Site and/or the Services implies acceptance without restriction or reservation of these General Conditions of Use by the Internet User.

These General Terms and Conditions of Use may be modified from time to time. The applicable conditions are those in force and accessible on the Site at the date of access to the Site by the Internet User.

Description of Services

The Site allows Internet users to access paid Services, detailed in the General Terms of Service accessible from the footer of the Site, after creating an account and subject to prior acceptance of said General Terms of Service.

All the Services provided by Vorales and made available to the Internet user are detailed on the Site.

In addition, it should be noted that the Site also enables Customers to purchase Products, the terms and conditions of which are accessible from the footer of the Site.

Access and availability of Services

Vorales uses its best efforts to make its Services available 24 hours a day, 7 days a week, regardless of maintenance operations on the Services and/or the Site.

However, Vorales reserves the right to interrupt access to all or part of the Services for maintenance and/or improvement work. Insofar as Vorales is able, Vorales will give prior notice of such interruptions to the Services and/or the Site, in particular by posting an alert message on the Site. In case of emergency, Vorales nevertheless reserves the right to suspend partially or totally, for a reasonable period of time, all or part of the Services and/or the Site in order to carry out any required technical operation. Such interruptions of the Services and/or the Site shall not give rise to any compensation whatsoever in favour of the Internet User, including if such interruptions occur during the process of purchasing Products by the Customer.

In this respect, Vorales is bound by an obligation of means.

Warranties – Liability

By accessing the Site, the Internet user declares, guarantees and undertakes to:

  • to access and use the Site and/or Services in good faith, in a reasonable manner, not contrary to the terms of these Terms of Use;
  • not to use any device or software other than that provided by Vorales intended to i) affect or attempt to affect the proper functioning of the Site and/or the Services ii) or to extract, modify, consult, even in buffer or temporary memory, or for individual use, all or part of the Site and/or the Services and/or the Products;
  • not to access and/or use the Site and/or the Services and/or the Products for illicit purposes and/or with the aim of causing damage to the reputation and/or image of Vorales and/or Internet users, or more generally to infringe the rights, in particular intellectual property rights, of Vorales and/or third parties, including Internet users;
  • not to market directly or indirectly the Products, the Services and/or access to the Services and/or the Site and/or the Products;
  • not to re-use or exploit all or part of the Site and/or the Services it contains, in particular for commercial and/or collective and/or personal purposes in a form and/or media not authorized by Vorales and/or the Internet users;
  • not to reproduce or represent all or part of the Site and/or Services for private purposes beyond the legal exceptions provided for, in particular by the French Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third parties;
  • not to restrict access to or use of the Site and/or Services;
  • not to modify, including in buffer or temporary memory, any mention or element of the Site and/or Services;
  • ensure that use of the Site and/or Services does not affect or compromise the stability, security or quality of the Site and/or Services, networks, bandwidth or infrastructures of Vorales, other Internet users and/or third parties;
  • not to contravene the provisions of articles 323-1 to 323-7 of the French Penal Code governing hacking practices;

In the event of breach of any of these obligations, without this list being limitative, the Internet User is hereby informed that Vorales shall have the right to refuse or suspend, unilaterally and without prior notice, access to all or part of the Services and/or the Site and to suspend, where applicable, access to its Account.

Advertising

Vorales reserves the right to broadcast advertising or promotional messages on the Site, including in connection with the Services.

Limitation of liability

The Internet user is solely responsible for his or her use of the Site and the Services accessed from the Site.

Vorales shall not be held liable in any way in the event of proceedings being brought against the Internet User who is guilty of non-compliant use of the Site and/or Services.

In this respect, the Internet user acknowledges and accepts that he/she will be personally responsible for any claim or proceedings brought against Vorales as a result of his/her non-compliant use of the Services and/or the Site.

The Site may contain hypertext links to third-party websites.

In this respect, given the evanescent nature of the content that may be disseminated on the websites to which the said hypertext links point, Vorales shall not be held liable in the event that the content of the said third-party websites contravenes the legal and/or regulatory provisions in force.

In any case, Vorales cannot be held responsible:

  • in the event of unavailability of the Services for reasons such as failure of the public electricity network, failure of the cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, in particular the Internet user, for any reason whatsoever , in particular strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
  • in the event of use of the Site and/or Services by any Internet user under conditions that do not comply with the terms of these General Terms of Use or the General Terms of Service;
  • within the limits of current legislation, for any indirect damage, including in particular loss of profit, data or any other loss of intangible assets, even if Vorales has been informed of the potentiality of such damage, which may arise (i) from the use or inability to use the Site and/or Services (ii) following access to the Site and/or Services by an unauthorized Internet user.

Vorales shall not be held liable for any malfunction of any nature whatsoever relating to the Internet user's computer equipment and Internet access connection, when accessing the Site and more generally the Services.

In particular, Vorales cannot guarantee the Internet user of the Services against any problems of access speed to the Site and/or the Services and/or the buffering speed of the Internet user's computer that may be encountered.

Force majeure

The responsibility of Vorales cannot be sought if the execution of one of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the Estonian Courts and article 1351 of the Civil Code, and in particular natural disasters, fire, malfunction or interruption of the telecommunications network or the electrical network.

Intellectual property

Copyright on the Site

Vorales is the owner or licensee of the intellectual property rights to both the general structure of the Site and its content (texts, slogans, graphics, images, videos, photos, programs, Products and other content). Consequently, without prejudice to the provisions of article X D, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Site and/or the Services and/or the Products, by any process whatsoever and on any medium whatsoever, without the express prior authorization of Vorales, is prohibited and constitutes an infringement of copyright.

Similarly, any unauthorized use of the Site and/or the Services and/or the Products shall render the Internet user criminally and civilly liable on the grounds of copyright infringement.

The Internet user acknowledges and accepts that access to the Site and/or the Services and/or the Products made available by Vorales does not imply any transfer or concession of intellectual property rights (in particular copyright) and other personal rights (right of personal portrayal, right to privacy) to the Internet user.

Access to the Site and to the Services and Products is exclusively limited to the private and personal use of the Internet User under the conditions and within the limits defined in the present General Conditions of Use.

Distinctive features

The trademarks, logos, corporate names, acronyms, commercial names, signs and/or domain names of Vorales and/or its commercial partners mentioned on the Site and/or the Products made available by Vorales on the Site constitute distinctive signs that may not be used without the express prior authorization of their owner.

Any representation and/or reproduction and/or partial or total use of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of a company name, trade name and domain name, and may give rise to civil liability on the part of its author .

Hyperlinks

The hypertext links accessible on the Site and/or as part of the Services, leading to other Internet sites and, in general, to all existing resources on the Internet, do not incur the liability of Vorales.

Under no circumstances may the Internet user set up hypertext links to pages deep within the Site, allowing access to the Services, by any technical means intended to bypass the Customer's identification field or to draw in all or part of the content of the Services made available by Vorales.

The "framing" technique is prohibited, unless expressly authorised by Vorales.

Databases

The Internet user irrevocably acknowledges that the Site and Services, including the structure and/or layout of the Products, consist of one or more databases made available to Internet users by Vorales in its capacity as producer of said databases within the meaning of the provisions of articles L.341-1 et seq. of the French Intellectual Property Code.

Consequently, in accordance with the provisions of article L. 342-1 of the same Code, Internet users are prohibited from:

  • extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Site and/or the Services, including the structure and/or arrangement of the Products, onto another medium, by any means and in any form whatsoever, including for the purposes of use or consultation by a medium and/or process(es) not authorized by Vorales ;
  • reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Site and/or the Services, including the structure and/or arrangement of the Products, in any form whatsoever, including by hypertext link, media and/or process(es) not authorized by Vorales;
  • creating, publishing, maintaining, updating, importing, exporting, making available to third parties, whether free of charge or for a fee, and participating in the aforementioned acts, a competing database derived from all or part of one or more of Vorales's databases;
  • display on a screen by any process or media other than those by which Vorales intends to disclose the Site and the Services, including the structure and/or arrangement of the Products;
  • in general, any extraction, use, storage, reproduction, representation or conservation, direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the content of one or more of Vorales's databases, committed by one of the processes mentioned above is strictly prohibited, including by a media not authorized by Vorales.

Happy service

The Internet User acknowledges and agrees that access to the Site and to the Services made available by Vorales does not imply any transfer or grant of intellectual property rights (in particular copyrights) and other rights to its benefit, with the exception of those concerning the terms and conditions of the General Terms and Conditions of Sale and General Terms and Conditions of Service.

The Internet user acknowledges and accepts that the private and personal use granted to him/her by Vorales, in respect of access to its Services, excludes in particular access to the Services with a view to collective use of its content, reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, whether free of charge or in return for payment, of all or part of the Site, the Services and their content.

Privacy Policy

The Internet user's Personal Data is processed in accordance with Vorales's Privacy Policy, which can be accessed from the site's footer.

Support – Claims

For any information, query or complaint of a technical nature or relating to the Services, the Customer is invited to send his request to the following e-mail address: contact@Vorales.com.

Miscellaneous provisions

Correspondence – Proof

Unless otherwise specified in these General Terms of Use, correspondence between Vorales and the Internet User is mainly carried out by e-mail.

Pursuant to articles 1366 et seq. of the French Civil Code, the Internet User acknowledges and accepts that the information delivered by Vorales by e-mail and/or through the Services and/or the Site shall be deemed authentic between him/her and Vorales.

Elements such as the time of reception or transmission, as well as the quality of received data will be deemed as proof by priority as they appear on the aforementioned media, or as they are authenticated by Vorales's computerized procedures, unless the Internet User provides written proof to the contrary.

The scope of proof of information supplied by the Site is that accorded to an original in the sense of a written paper document, signed by hand.

Complete Terms and Conditions of Use

These General Terms and Conditions of Use express the entirety of the obligations of Vorales and the Internet user with respect to their subject matter. The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to herein shall not be construed as a waiver of the obligation in question for the future.

No Partial validity

In the event that one or more stipulations of these General Terms and Conditions of Use should be considered null and void, deemed unwritten or declared as such in application of a law, a regulation or following a decision of a competent court having final authority, the other stipulations shall retain all their force and scope and remain fully applicable, unless the invalid stipulation(s) were of a substantial nature and their disappearance would call into question the contractual balance.

Titles

In the event of difficulties of interpretation between one of the headings appearing at the top of the clauses of the present General Terms of Use, and one of the clauses, the headings will be declared non-existent.

Applicable law and settlement of disputes

These General Terms and Conditions of Use are governed by French law.

In the event of any dispute arising in connection with these General Terms of Use, their interpretation and consequences or with the acts supplementing or modifying them, the Internet user shall contact Vorales in order to attempt to reach an amicable solution. Any complaint to Vorales must be made in writing.

Failing amicable settlement, the Internet User may choose:

  • To have recourse to an amicable mediation solution within a maximum period of one (1) year from the date of the written complaint made by the Internet User to Vorales by either (i) referring the matter to a mediator of his/her choice, or (ii) resorting to the online dispute resolution system accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, it being specified that the proposed mediation process shall not be a prerequisite for the Internet User to refer the matter to the competent courts.
  • Bring his/her claim before the competent Estonian courts.
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