1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and JulienDescamps.com, located at 982 Salem St, Vista, CA, 92024, (I, me), concerning your access to and use of the JulienDescamps.com website as well as any other related applications (the Site).
The Site provides the following services: Digital Marketing and Marketing Consulting (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. I recommend that you print a copy of these Terms and Conditions for future reference.
1.2 - The supplemental policies set out in
Section 1.7 below, as well as any supplemental terms and conditions or
documents that may be posted on the Site from time to time, are expressly
incorporated by reference.
1.3 - I may make changes to these Terms and
Conditions at any time. The updated version of these Terms and Conditions will
be indicated by an updated "Revised" date and the updated version
will be effective as soon as it is accessible. You are responsible for reviewing
these Terms and Conditions to stay informed of updates. Your continued use of
the Site represents that you have accepted such changes.
1.4 - I may update or change the Site from time
to time to reflect changes to certain products and offers, users' needs and/or business
priorities.
1.5 - This site is directed to people residing in
the United States. The information provided on the site is not intended for distribution to or
use by 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 requirement within such jurisdiction or country.
1.6 - This site is intended for users who are at
least 18 years old. If you are under the age of 18, you are not permitted to
register for the Site or use the Services without parental permission.
1.7 - Additional policies which also apply to your use of the Site include:
- The Privacy Notice - which sets out the terms on which I process any personal data collected from you, or that you provided. By using the site, you consent to such processing and you warrant that the data provided by you is accurate.
- The Acceptable Use Policy - which sets out the permitted uses and prohibited uses of this Site. When using the Site, you must comply with this Acceptable Use Policy
- The Cookie Policy - which sets out information about the cookies on the Site.
- If you purchase from the Site, the terms and conditions of supply - will apply.
- Certain offers on this Site can be attained only on payment of a fee. If you wish to use such Services, you will, in addition to the Terms and Conditions also be subject to the Terms and conditions of supply.
2.1 - The full Acceptable Use Policy - sets out
all the permitted uses and prohibited uses of this site.
2.2 - You may not access or use the Site for any purpose other than that for which I make the site and my services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.
3.1 - You represent and warrant that: (a) all
registration information you submit will be true, accurate, current, and
complete and relate to you and not a third party. (b) you will maintain the
accuracy of such information and promptly update such information as necessary,
you will keep your password confidential and will be responsible for all use of
your password and account. (c) you have the legal capacity and you agree to
comply with these Terms and Conditions, and (d) you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and or password you must promptly notify me at Julien@JulienDescamps.com
3.2 - If you provide any information that is untrue, inaccurate, not current or incomplete, your account may be suspended or terminated. I may remove or change a user name you select if it is determined that such user name is inappropriate.
4.1 - There may be opportunities for you to post
content to the Site or send feedback. (User Content). You understand and agree that your User Content may
be viewed by other users on the Site or outside of the Site, and that they may be able to see who has
posted that User Content.
4.2 - You
further agree that I can use your User Content for any other purposes
whatsoever in perpetuity without payment to you, and combine your User Content
with other content for use within the Site and otherwise. I do not have to
attribute your User Content to you. When you upload or post content to this site
you grant me the following rights to use that content:
4.3 - In posting User Content, including reviews
or making contact with other users of the Site you shall comply with the Acceptable Use Policy.
4.4 - You warrant that if any User Content does
not comply with the Acceptable Use Policy, then you will be liable to me and
indemnify me for any breach of that warranty. This means you will be
responsible for any loss or damages suffered as a result of your breach of this
warranty.
4.5 - I have the right to remove any User
Content you put on the Site if, in my opinion, such User Content does not
comply with the Acceptable Use Policy.
4.6 - I am not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. I accept no obligation to screen, edit or monitor any User Content but do reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by me and the views expressed by other users on the Site do not represent my views or values.
4.7 - If you wish to complain about User Content uploaded by other users please contact me at Julien@JulienDescamps.com.
5.1 - Unless otherwise indicated, the Site and
Services including source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on this Site (This Content
is owned or licensed to me and are protected by copyright and trademark laws.)
5.2 - Except as expressly provided in these
Terms and Conditions, no part of the Site, Services or Content may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without my express prior
written permission or use the take down or report button.
5.3 - Provided that you are eligible to use
the Site, you are granted a limited license to access and use the Site and my Content and to download or print a copy of any portion of the Content to which
you have property gained access solely for your personal, non-commercial use.
5.4 - You shall not (a) try to gain unauthorized
access to the Site or any networks, servers or computer systems connected to
the Site, and/or (b) make for any purpose including error correction, any
modifications adaptations, additions or enhancements to the Site or its Content
including the modification of the paper or digital copies you may have downloaded.
5.5 - I shall (a) prepare the Site and Content with reasonable skill and care, and (b) use Industry standard virus
detection software to try to block the uploading of content to the Site that
contains viruses.
5.6 - The content on the Site is provided for
general information only. It is not intended to amount to advice on which you
should rely. You must obtain professional or specialist advice before taking or
refraining from taking any action on the basis of the content on the Site.
5.7 - Although I make reasonable efforts to update the information on this site, I make no representations, warranties or guarantees, whether express or implied, that the Content on the Site is accurate, complete, or up to date.
6.1 - The Site may contain links to websites or
applications operated by third parties. I do not have any influence or control
over any such third-party websites or applications or the third party operator
I am not responsible for and do not endorse third party websites or
applications or their availability or content
6.2 - I accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on this Site, you do so at your own risk. The advertiser alone, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser directly.
7.1 - I reserve the right at my sole
discretion, to (1) monitor the Site for breaches of these Terms and Conditions,
(2) take appropriate legal action against anyone in breach of applicable tows
or these Terms and Conditions: (3) refuse, restrict access to or availability
of or disable to the extent technologically feasible) any of your
Contributions, (4) remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way a burden to these systems,
and (5) otherwise manage the Site in a manner designed to protect my rights and
property and to facilitate the proper functioning of the Site and Services.
7.2 - I do not in any way guarantee that this Site will
be secure or free from bugs or viruses.
7.3 - You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
8.1 - I reserve the right to change, modify,
or remove the contents of the Site at any time or for any reason at my sole
discretion without notice. I also reserve the right to modify or discontinue
all or part of the Services without notice at any time.
8.2 - I cannot guarantee the Site and
Services will always be available. I may experience hardware, software, or
other problems or need to perform maintenance related to the Site resulting in
interruptions, delays, or errors. You agree that I have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site or Services during any downtime or discontinuance of the
Site or Services I am not obliged to maintain and support the Site or
Services or to supply any corrections, updates, or releases.
8.3 - There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.
9.1 - The Site and Services are provided on an as-is and as available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, OF common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non infringement are excluded to the fullest extent permitted by applicable law.
I make absolutely no warranties or representations about
the accuracy or completeness of the Site's content and am not liable for any
(1) errors or omissions in content: (2) any unauthorized access to or use of
this servers and/or any and all personal Information and/or financial
information stored on this server, (3) any interruption or cessation of
transmission to or from the site or services, and/or (4) any bugs, viruses,
trojan horses, or the like which may be transmitted to or through the site by
any third party. I will not be responsible for any delay or failure to comply
with obligations under these Terms and Conditions if such delay or failure
is caused by an event beyond reasonable control.
9.2 - I am not responsible nor hold any responsibility to you for any losses or damages suffered by you by visiting this website.
10.1 - These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting me at Julien@JulienDescamps.com
10.2 - Without limiting any other provision of
these Terms and Conditions, I reserve the right to, at my sole discretion and
without notice or liability, deny access to and use of the Site and the
Services (including blocking certain IP addresses) to any person for any reason
including without limitation for breach of any representation, warranty
covenant contained in these Terms and Conditions or of any applicable law or
regulation.
If it is determined, at my sole discretion, that
your use of the Site Services is in breach of these Terms and Conditions or of
any applicable law or regulation, I may terminate your use or participation in
the Site and the Services or delete your profile and any content or information
that you posted at any time, without warning in our sole discretion.
10.3 - If I terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, I reserve the right to take appropriate: legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11.1 - Visiting the Site, sending me emails, and completing online forms constitute electronic communications you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You
hereby agree to the use of electronic signatures, contracts, orders initiated
or completed by me or via the Site. You hereby waive
any rights requirements under any statutes, regulations, rules, ordinances
requiring a signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by other than electronic means.
11.2 - These Terms and Conditions and any
policies or operating rules posted by on the Site or in respect to the
Services constitute the entire agreement and understanding by you.
11.3 - Any failure to exercise or enforce any
right or provision of these Terms and Conditions shall not operate as a waiver
of such right or provision.
11.4 - I may assign any or all rights
and obligations to others at any time.
11.5 - I shall not be responsible or liable
for any loss damage, delay or failure to act caused by any cause beyond reasonable control.
11.6 - If any provision or part of a provision
of these Terms and Conditions unlawful, void or unenforceable, that provision
or part of the provision is deemed severable from these Terms and Conditions
and does not affect the validity and enforceability of any remaining provisions.
11.7 - There is no joint venture, partnership,
employment or agency relationship created between you and me as a result of
these Terms and Conditions or use of the Site or Services.
11.8 - The following are trademarks of JulienDescamps.com. You are not permitted to use them without prior approval, unless
they are part of material the Site explicitly states you are permitted to use.
11.9 - A person who is not a party to these
Terms and Conditions shall have no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of these Terms and Conditions.
11.10 - In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact me by email at Julien@JulienDescamps.com or by mail at 982 Salem St, Vista, CA 92084.