1. Acceptance of the Terms of Use

These Terms of Use (“Terms”) are entered into by and between you and Polène (“Company,” “we,” or “us”) and govern your access to and use of our website (https://eng.polene-paris.com) and services (collectively, the “Services”), including any content, features, or functionality offered through the Services, whether as a guest or registered user. By using the Services, or clicking to accept these Terms, you agree to be bound by these Terms, our Terms of Sale, our Privacy Policy, and our Cookie Policy (LINK COOKIE POLICY URL), which are all incorporated by reference. If you do not agree, you must not use the Services.

The Services are intended for users who are at least 16 years old and located in the United States or its territories. By using the Services, you represent that you meet these requirements.

2. Changes to the Terms

We may update these Terms at any time in our sole discretion. Changes take effect immediately upon posting and apply to all future use of the Services. However, changes to dispute resolution provisions do not apply to disputes of which the parties had actual notice before the change was posted. Your continued use of the Services means you accept the updated Terms. Please check this page regularly for updates.

3. Access and Account Security

We may change or withdraw the Services, or restrict access, at any time without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. You are responsible for: (a) Making necessary arrangements to access the Services; and (2) Ensuring that anyone accessing the Services through your internet connection is aware of and complies with these Terms. You may be asked to provide registration or other information to access the Services. You agree that all such information is accurate, current, and complete, and will be handled in accordance with our Privacy Policy and Cookie Policy.

If you are given a username, password, or other login information, you must keep it confidential. Your account is personal and should not be shared. You agree to notify us immediately of any unauthorized use or any other breach of security. You should use especially caution when using public or shared devices, so that others are not able to view or record your personal information. We may disable any login credentials at our discretion, including if – in our sole discretion – you have violated these Terms.

4. Intellectual Property

All content, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) of the Services are owned by the Company or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works from, publicly display, republish, download, store, or transmit our content except:

• Temporary storage in RAM as part of normal browsing.
• Automatic browser caching for display enhancement purposes.
• Printing or downloading a reasonable number of pages for personal, non-commercial use, but not for further reproduction, publication, or distribution.
• Downloading any applications we provide, subject to applicable license terms.
• Using any social media features we may provide.

You must not:

• Modify or separate materials from their context in the Services.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from these Services.
• Use the Services or content for commercial purposes without permission.

To request permission for any other use, contact us at the addresses below.

5. Intellectual Property

The Company name (Polène), Company logo, the mark “PLEI,” and more generally all illustrations, images, logos, and sound elements appearing on our products and/or Services, whether registered or not, are and shall remain our exclusive property and trademark. Any modification or use of the materials from the Services for any purpose not explicitly permitted is a violation of the Company’s copyright and other proprietary rights. Any use on any medium whatsoever, without the Company’s express prior consent is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype, sound elements, or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyright, designs, and patents owned by the Company.

6. Copyright Infringement

If you believe your copyright has been infringed by a user submission, contact us at any of the addresses below.

7. Prohibited Uses

You agree to use the Services only for lawful purposes and not:

• In any way that violates any applicable federal, state, local, or international laws or regulations.

· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.

· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards in these Terms.

· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam.”

· To impersonate the Company, a Company employee, another user, or any other person or entity.

· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

• To overload or disrupt the Services or related systems.

· To use a robot, spider, or other automatic device or process to access the Services for any purpose.

· To use any device, software, or routine that interferes with the proper working of the Services.

· To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

· To attempt unauthorized access to any part of the Services.

• To engage in denial-of-service attacks or similar disruptions.

8. User Contributions

The Services may include areas where users can post content (“User Contributions”). All such User Contributions must comply with these Terms, including the Content Standards below. User Contributions are non-confidential and non-proprietary. By posting content, you grant us and our affiliates a license to use, reproduce, display, distribute, and otherwise exploit your User Contributions for any purpose. You alone are responsible for your User Contributions. You represent that:

• You own or control all rights in your User Contributions.
• You possess the right to grant a license to use, reproduce, display, distribute, and otherwise exploit your User Contributions.
• Your User Contributions comply with these Terms.

We may not review all content before it’s posted and are not responsible for any material shared by users. We assume no liability for user content or our response (or lack thereof) to it. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility with respect to User Contributions.

9. Content Standards

User Contributions must not:

• Be defamatory, obscene, indecent, abusive, offensive, harassing, threatening, hateful, violent, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Be deceptive, harassing, or invasive of privacy.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Misrepresent your identity or affiliation.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. Monitoring and Enforcement

We retain the right to:

• Remove or refuse to post User Contributions.
• Take any action with respect to User Contributions that we deem appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes a right of any person or entity, threatens others’ personal safety, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
• Take legal action or report unlawful conduct for any unlawful or unauthorized use of the Services.
• Suspend or terminate your access to the Services.
• Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THESE PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

11. Third-Party Terms

The Services may link to or incorporate features, software, or services provided by third parties. Your use of such third-party services is subject to their own terms and policies, rather than ours. We are not responsible for the practices, content, or terms of any third-party service provider, even if accessed through our Services. You agree to use them at your own risk.

12. Links

You may link to our homepage if it’s done fairly and lawfully and does not suggest any endorsement by us or affiliation with us, without our express written consent. We may withdraw linking permission at any time for any reason or no reason at all. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You may not:

• Frame, deep-link, in-line link, or mirror our Services.
• Link from sites you don’t own.
• Link in a misleading or harmful way.

13. Disclaimer of Warranties

Your use of the Services is at your own risk. We provide the Services “as is” and “as available,” without any warranties of any kind. We do not guarantee that the Services will be error-free, secure, virus-free, or uninterrupted. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

14. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any damages arising from your use of or inability to use the Services, or any content linked through the Services, including direct, indirect, special, incidental, or consequential, or punitive damages.

15. Indemnification

You agree to defend and indemnify the Company, its affiliates, and service providers from any claims or damages arising from your violation of these Terms or your use of the Services, including your User Contributions, any use of the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

16. Miscellaneous

a. Governing Law: All matters relating to the Services and these Terms, including non-contractual disputes or claims, shall be governed by the laws of the United States and the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your place of residence or any other relevant location. You waive all objections to the exercise of jurisdiction over you by such courts. Additionally, you agree not to attempt to transfer such action or proceeding to any other forum or jurisdiction under the doctrine of forum non conveniens or otherwise.

b. Arbitration: If a dispute cannot be resolved through the informal dispute resolution procedure, it will be resolved through binding individual arbitration. YOU AGREE TO ARBITRATE AND TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY DISPUTE. You and the Company shall delegate to the arbitrator the authority to determine the arbitrability of any dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You agree that the arbitration shall be conducted by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules ("AAA Rules"), as modified by this arbitration agreement. The AAA Rules are available on the AAA website at www.adr.org or by calling the AAA at (800) 778-7879. If the AAA is unavailable or unwilling to hear the dispute, the parties will agree upon another arbitration service provider. Payment of all filing, administrative, and arbitration fees will be governed by the applicable rules of the AAA. Company may elect to have the arbitration conducted by telephone. This Arbitration Agreement shall be governed by and construed and enforced in accordance with the Federal Arbitration Act. The provisions of the Arbitration Agreement shall survive termination of this Agreement or your use of the Services. You agree that this dispute resolution procedure must be followed before initiating any arbitration or filing any claim against the other party. This includes disputes about the validity, scope, or enforceability of this arbitration provision, the Privacy Policy, or the Services. BY AGREEING TO THIS ARBITRATION PROVISION, YOU WAIVE YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR A CLASS ACTION.

c. Limitation on Claims: Any cause of action or claim arising out of or relating to these Terms or the Services must be filed within one year of when the cause of action accrues; otherwise, the cause of action is permanently barred.

d. Waiver and Severability: No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

e. Entire Agreement: These Terms and our Privacy Policy are the entire agreement between you and Company regarding the Services and supersede all prior written and/or oral understandings, agreements, and warranties regarding the Services.

17. Contact Us

These Services are operated by Polène at 1411 Broadway, New York City, NY 10018. For questions or copyright issues, contact us at contact@polene-paris.com or (888) 513-1744.