Terms of use & conditions
This website www.pirouettedirectory.com (hereafter the “Site”) is published by:
Pirouette media Ltd
Registered Office: Abercorn House, 79 Renfrew Road, Paisley, PA3 4DA
Company no.SC790961
E-mail: hello@pirouettemedia.net
(Hereinafter “Pirouette media”).
These general conditions of use (hereafter the “General Conditions”) are concluded between Pirouette media and a user wishing to benefit from the Service offered by Pirouette media on the Site (hereafter referred to as “User”). They are exclusively applicable to the use, in accordance with the present, of the Site, of which access is free. Any user browsing the Site is invited to read these Terms and Conditions and is deemed to accept them without restriction or reservation.
1. Availability and enforceability of the General Conditions
The General Terms and Conditions are accessible to Users:
- Under the data collection form at the time of registration on the Site;
- At any time, via a hyperlink located at the bottom of each page of the Site.
They may also be communicated to any User upon request by e-mail addressed to Pirouette media at hello@pirouettemedia.net
The Terms and Conditions define the rules of use of the Site. They are the support of the contractual relationship between the User and Pirouette media whose rights and obligations they define.
They take precedence over any other document, regardless of form or medium. Nevertheless, it is expressly understood that any commercial partnership concluded by Pirouette media and involving services not expressly included in the Service as defined by the General Terms and Conditions must be the subject of special conditions and / or a separate agreement.
The use of the Site constitutes unconditional or unrestricted adherence to the General Terms and Conditions in force on the day of access to the Site, which are preserved and reproduced by Pirouette media Expressly acknowledged by the User. The latter waives the right to rely on any contradictory document, which would be unenforceable to Pirouette media.
The General Conditions must be expressly accepted by any User creating an account on the Site, which must, to finalise its registration, tick the box provided for this purpose.
2. Acceptance and Modification of the General Conditions
The use of the Site by any User, registered or not, constitutes acceptance of these Terms and Conditions. Pirouette media reserves the right to modify at any time, without notice, all or part of these Terms and Conditions.
For Users not registered on the Site, the use of the Site after modification of the General Terms and Conditions constitutes acceptance of the new General Conditions in force.
In the case of Users registered on the Site, Pirouette media will send them an email informing them that an amendment to the Terms and Conditions has occurred. Their connection following receipt of this email will be acceptance of the new applicable General Terms and Conditions.
Pirouette media reserves the right to refuse access to the Site, without prior notice or notification, to any User who does not respect the General Conditions.
In the event of violation of one of the clauses of the General Conditions and in particular in case of use of the Site manifestly contrary to the laws and regulations in force in Scotland, public order or good morals, Pirouette media may Proceed without delay and without prior warning to the removal of the offending User, without prejudice to any request for redress made in court.
3. Service offered on the Site: a search engine allowing:
3.1. any User, whether registered or not, to:
Navigate through a database of listing pages structured according to a classification established by Pirouette media; Perform a targeted, cross-search within the database using “tags” or keywords previously defined by Pirouette media; View selected photographs and information contained in the profile pages.
3.2. to any User registered on the Site to:
View user listing pages and to save them in their dedicated personal space of the Site, according to one or several tags or keywords, thus creating a “favourites” record.
(Hereafter collectively the “Service”).
The Service is available in English.
All photographs referenced on the Site are protected by copyright and / or neighbouring rights. Pirouette media has validly acquired from the rights holders concerned the authorization to publish them on the Site. This authorization has been granted solely for limited use by the Service as described herein. The User understands that any extracting, reproduction or dissemination of the photographs listed on the Site which is not expressly permitted by these General Terms and Conditions exposes him to an action for infringement by Pirouette media and / or any rightful claimant.
The database constituted by Pirouette media, as well as the categories and tags defined by Pirouette media, are original works requiring editorial work and significant investments and protected as such by copyright and the right of producers of databases. Any unauthorised reproduction or imitation, in any manner whatsoever, will expose the infringer to an action based on the infringement of Pirouette media’s intellectual property rights, without prejudice to any action for unfair competition or parasitism.
4. Registration
4.1. Access to the Service
The Service is reserved for personal and non-commercial use only. The User warrants Pirouette media that its use of the Site will be strictly private.
All costs relating to access to the Service, whether they relate to hardware, software or internet access, are the sole responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
4.2. Terms & Conditions
Registration on the Site is free. It is nominative and reserved for natural persons able to contract (emancipated majors or minorities) or duly represented.
To become a User of the Site, the User must comply with the registration procedure and accept in advance and without reserve these General Conditions and the Confidentiality Commitment, by ticking the box provided for this purpose.
4.3. Registration Procedure – Information
The User may create a personal space on the Site by filling in the registration form accessible by clicking on Login icon at the top right of each page of the Site.
Prior to the registration of the registration form, the User undertakes to read carefully these General Terms and Conditions.
The User will be asked to provide the following personal data:
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E-mail address,
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first name,
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name,
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Country,
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Company name
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job title,
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Website
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User category
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password
All fields marked as mandatory must be filled in.
Once his user account has been created, the User can access it from his various terminals and at any time by clicking on the dedicated tab at the top right of each page and by entering his User details: And password.
The User agrees:
To provide correct and accurate information. Not to usurp the identity of a third party and not to appear under a false identity. In the event of a subsequent change of his / her personal data, to modify the data provided as part of his / her registration. The User who has validly identified himself may modify his personal information at any time.
The fact that a User logs on by providing his username and password is proof of his identification and access to the Service, the provision of the Service and assumes the User’s responsibility for any fact or act relating to his Use of the Site.
4.4. Personal date recommendations
The password and the identifier giving access to the User’s personal space are strictly confidential and have the function of protecting the personal data of the User.
The User undertakes not to communicate them to any third party and to keep them, in case of forgetfulness, in a place known only to him.
In the event of recurring difficulties in connection with his account, or in case of forgetting his password, the User may request from Pirouette media the reset of his password by clicking on the link “Forgot your password?”.
The User is solely responsible for the personal information it provides to Pirouette media upon registration. He agrees to report to Pirouette media as soon as he becomes aware of any unauthorised use of his account.
Pirouette media can not be held liable in the event of fraudulent use of the User’s account by a third party.
5. Intellectual property
5.1 Intellectual property relating to photographs
All photographs published on the Site are protected by copyright.
The ornaments and fashion accessories represented in these photographs are protected under copyright and design rights.
The mannequins whose image is captured on the photographs are protected under the right to the image.
Pirouette media has been validly and expressly authorised by the rights holders concerned to exploit these photographs in connection with the use of the Site in accordance with the General Conditions.
For this reason, any reproduction, representation, adaptation, translation and / or transformation, partial or integral, of these photographs, by any process whatsoever, without prior authorization and in writing of their beneficiaries, is strictly prohibited Copies for private use and those made for the press), and would constitute an infringement punishable and would incur civil and / or criminal liability for its author.
5.2 Trademark Intellectual Property
All trademarks on the Site are registered trademarks (i) by Pirouette media, or (ii) by a third party that has expressly authorised Pirouette media to use them for the purposes of the Service.
Any total or partial reproduction or use of these marks without the prior written authorization of the holder shall constitute acts of infringement and, where appropriate, unfair competition, subject to prosecution.
5.3 Intellectual Property Related to the Site
All the elements relating to the Site (mock-up, graphic design, user interface, tags, database structure, categories and classification) including the underlying computer code are the exclusive property of Pirouette media.
The intellectual property rights attached to the Site and each of the elements created for it are the exclusive property of Pirouette media which does not grant any licence to them or any right other than that of consulting the Site and using it in accordance with Terms and Conditions.
The reproduction, representation and / or modification of any page or content on the Site is strictly prohibited unless Pirouette media has obtained the prior written permission of Pirouette media.
All the data on the Site have been collected, collated, structured and classified by Pirouette media, which verifies and updates them continuously in order to keep them up-to-date.
As such, Pirouette media has the protection granted to producers of databases
Accordingly, any extraction or re-use, by any means whatsoever, of all or part of the database contained on the Site is strictly prohibited and will be prosecuted.
The User who has a personal website and who wishes to place a hypertext link on this site referring directly to the Site must obligatorily request the written authorization of Pirouette media.
In any event, any link, whether authorised or unauthorised, shall be withdrawn immediately upon written request from Pirouette media.
6. Protection of personal data and cookies
The User is invited to refer to the “Data Privacy Policy” and “Cookies Policy” section of the site to obtain all the necessary information about the processing of his personal data and the policy of Pirouette media regarding cookies.
7. User Declarations and Commitments
The User declares to accept the intrinsic characteristics and limitations of the Internet, and acknowledges that: – The transmission of data over the Internet is only of relative reliability, as they circulate over heterogeneous networks, with various characteristics and capacities, which are sometimes saturated at certain times of the day and which may have an impact on download times or Accessibility to data, – The Internet is an open network and therefore the information it conveys is not protected against the risks of diversion, intrusion into its system, hacking of data, programs and files of its system, contamination by viruses And can be regulated (in particular in terms of use) or protected (in particular by a right of ownership), – Pirouette media does not exercise any control whatsoever (and therefore assumes no liability whatsoever) about the nature and characteristics of the data that may pass through its host, – It is the responsibility of any User to take all appropriate measures to protect the data, files or programs stored in his system against contamination by viruses such as attempts to intrude into his system, and – The User is solely responsible for the use of the data he consults, queries and transfers on the Internet.
The User agrees to
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Use the Site in accordance with the terms and within the strict limits provided for in these Terms and Conditions;
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Respect the laws and regulations in force in Scotland, as well as public order and good morals;
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Not infringe the rights of third parties, in particular their right to the image, their literary and artistic property rights and their industrial property rights.
Any behaviour contrary to the present commitments will result in the immediate deletion of the User’s account without prejudice to any legal action or damages applicable.
In addition to the repercussions on Pirouette media, the user’s disrespect of the aforementioned commitments will incur its responsibility towards the beneficiaries. Thus, any use of photographs infringing the intellectual property rights of their author will entail the exclusive responsibility of the User.
Pirouette media will take immediate action in respect of any User whose behaviour does not comply with these General Conditions, the legal and regulatory texts in force, good morals or public order.
Any User who has been the subject of a report to Pirouette media may be prohibited from connecting to the Site, without prejudice to any legal proceedings.
The User is solely liable in the event of non-performance or improper performance of these Terms and Conditions, whether in respect of Pirouette media, other Users or third parties.
8. Responsibility
8.1 Editorial Content of the Site
Pirouette media is not responsible for the completeness and / or reliability of the information and / or functionality contained on the Site. In particular, the choice of the photographs included in the database made available to the Users, as well as the choice of the terms and keywords associated with each photograph reflect a subjective choice specific to the publisher of the Site, subject to modifications without notice and any time.
As a result, Pirouette media shall not be liable for any errors, omissions, or results that may be caused by the use and / or use of the Site’s information and / or features. Users who take cognizance of information and / or who use a functionality of the Site are therefore responsible for any use that may be made of them. It shall in particular be responsible for verifying that any information thus collected and / or any functionality to which it is used is adapted to the use that the User wishes to make of it.
8.2 Hardware limitations
Pirouette media’s sole mission is to provide the Service, which is to provide Users with a search engine enabling them to formulate targeted searches.
Pirouette media agrees to provide this Service, with all due diligence and professionalism, as provided in these Terms and Conditions.
8.3. Technical Limitations
The Site is accessible 24 hours a day to any User who has access to the Internet, subject to force majeure and maintenance periods.
Pirouette media undertakes to use all reasonable means at its disposal to provide the User with quality access to the Site.
Nevertheless, Pirouette media reserves the right to interrupt access to the Site for the purpose of maintaining it or for any other reason that it deems necessary, without this suspension incurring any liability or entitlement to compensation from the User.
If a technical problem makes it impossible to access or use the Service offered on the Site, Pirouette media undertakes to make its best efforts to implement all the technical solutions at its disposal so that access is restored.
Consequently, Pirouette media can not guarantee the availability of the Site and / or the functionalities, nor the reliability and / or speed of the transmissions and the responsibility of Pirouette media can not be engaged if it is impossible to access all or part of the Site and / Or its functionalities, or disruptions or difficulties encountered by the User in this respect.
The User is solely responsible for the proper functioning of the computer equipment which allows him to access the Site. In no event shall Pirouette media be liable for any damages that may occur on the User’s computer system and / or loss of data resulting from the use of the Site by the User.
8.4 Hypertext links
The Site may contain hypertext links to other websites. Access to such links by the User shall cause the User to leave the Site. This is particularly the case for social networking platforms referenced on the Site and allowing Registered Users to share their listing with their different communities.
Pirouette media assumes no responsibility for the content, advertising, products and Services available on or from these sites and / or external sources. By accessing it, Pirouette media agrees to abide by the terms and conditions of the external site in question, to which Pirouette media is not a party.
The User acknowledges therefore that Pirouette media can not be held responsible for any damages resulting from their access from a link on the Site.
8.5 Independence of clauses
The nullity of any of the clauses of the General Conditions does not invalidate the General Conditions or the other clauses of the General Conditions, which will retain all their force and scope, unless the User demonstrates that the cancelled provision is essential and decisive for him, without which he would not have accessed or used the Site.
Temporary non-application of one or more clauses of the General Terms and Conditions by Pirouette media shall not be construed as a waiver on its part of the other clauses of the General Terms and Conditions which shall continue to have effect unless expressly stated in writing by Pirouette media.
In this regard, it is specified that the fact that Pirouette media does not rely on a failure by the User to fulfil any of its obligations referred to in these General Terms and Conditions can not be interpreted in the future as a waiver to invoke the said breach subsequently or a waiver of the obligation in question.
8.6 Dispute Resolution and Applicable Law
Any complaint by a User as to the access and / or use of the Site and / or the Terms, their validity, interpretation, execution, termination, consequences or consequences, which could not be resolved amicably between the User and Pirouette media, shall be submitted to the competent courts within the jurisdiction of Scotland.
The User is informed that he can in any case resort to mediation or any other alternative means of dispute settlement (including conciliation) in case of dispute.
Subject to any conflicting national or Community legislative provisions, the General Conditions and any contracts governed by them are subject to Scottish law