AGREEMENT TO OUR LEGAL TERMS

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1. About the Website

1.1. Welcome to The Poor Socialite (the "Website", "Company", "we", "us", "our"). We operate under AKA Kendall Jimenez - N° SIRET : 919 416 503 00010, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

The Website provides you with an opportunity to browse and purchase various services and products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

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1.2. The Website is operated by The Poor Socialite. Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by The Poor Socialite. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.

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1.3. The Poor Socialite reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Poor Socialite updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. ​

2. Acceptance of the Terms 

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Poor Socialite in the user interface. By submitting a contact form or subscribing to our newsletters, you agree to receive email newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at the.poorsocialite@gmail.com.​

3. Purchases

If you wish to purchase any product or service made available through Services or Shop (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

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You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

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We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

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​​We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions, or any portion thereof, in our sole discretion, without notice or liability; (4) remove or otherwise disable from the Services, in our sole discretion and without notice or liability, any files and content that are excessively large or that in any way burden our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.​

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Purchased services will adhere to the expectation that either party will contact the other directly by email at a minimum (The Poor Socialite's central email being; the.poorsocialite@gmail.com) to reschedule or cancel meetings within 48 hours in advance. Failure to do so may result in a penalty fee of 55 EURO for the service of rescheduling or converting the remainder of the service payment to a credit for the Client, at judgment of The Poor Socialite.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.​

5. Refunds

All sales are final on personalized services and products. Payments for cancelled meetings will, as a default, be retained as a credit for a rescheduled session(s), with a 1-year expiration date that can be extended via email request before this deadline; credits are transferable. Refunds for cancelled meetings will only be considered for extraordinary circumstances, at the judgment of The Poor Socialite. 

 

Refunds on services and products that are not personalized are only considered within the first 15 days of purchase, and at the judgment of The Poor Socialite. Only defective products will be considered for full reimbursement; all other reasons for dissatisfaction will be subject to partial reimbursement at the judgment of The Poor Socialite. Refunds are not possible for services already rendered and products already delivered.​

6. Content

Content found on or through this Service are the property of The Poor Socialite or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.​

7. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.​

8. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.​

9. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.​

10. Intellectual Property

The Website, the Purchase Services and all of the related products of The Poor Socialite are subject to copyright.  We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (collectively, the "Content"), and the trademarks, service marks and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws. Service and its original content (excluding Content provided by users or collaborators), features and functionality are and will remain the exclusive property of The Poor Socialite and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of The Poor Socialite.

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The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial or internal business use only.Your use of our Services Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable licence to: access the Services; and download or print one copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial or internal business use.

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Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by The Poor Socialite or its contributors. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.

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10.1. The Poor Socialite retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

• (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of All Things French; or

• (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

• (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
   

10.2. You may not, without the prior written permission of The Poor Socialite and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.​​​ If we ever grant you permission to post, reproduce or publicly display any part of our Services or Content, you must credit us as the owner or licensor of the Services, Content or Marks and ensure that all copyright and other proprietary notices appear or are visible in the posting, reproduction or display of our Content.

 

10.3. We reserve all rights not expressly granted to you in and to the Services, Content and Marks. Any breach of these intellectual property rights will constitute a material breach of our legal terms and your right to use the Services will terminate immediately.​

11. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to the.poorsocialite@gmail.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

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You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.​

12. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at the.poorsocialite@gmail.com.​​​

13. Error Reporting and Feedback

You may provide us either directly at the.poorsocialite@gmail.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.​

14. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by The Poor Socialite. The Poor Socialite has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the Terms of Services and Privacy Policies of any third party web sites or services that you visit. ​

15. Disclaimer Of Warranty

These services are provided by Company on an "as is" or "as available" basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained by us is at your sole risk. Neither Company nor any person associated with Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Company nor anyone associated with Company represents or warrants that the Services, their content, or any services or items obtained through the services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations. 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. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.​

16. Limitation Of Liability

Except as prohibited by law, you will hold us and our officers, agents, and affiliates, harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation an arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted)_, whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation of any federal, state, or local laws, statutes, rules, or regulations, even if Company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. ​

17. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.​​​

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of France, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.​

19. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.​

20. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.​

21. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of 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 Terms will continue in full force and effect.​

22. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.​

23. Contact Us

Please send your feedback, comments, requests for technical support by email: the.poorsocialite@gmail.com.​​