6. Disclaimer of Liability and Indemnity
The Content of the Site is provided on an “as is” basis. DxO Labs makes no warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Content or any part thereof contained on the Site.
DxO Labs expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will DxO Labs, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Content or on the Site.
In no event will any liability of DxO Labs, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Content or the Site or breach of these Conditions of Use by DxO Labs exceed the amount, if any, paid by you to DxO Labs.
Upon DxO Labs’s request, you agree to defend, indemnify and hold harmless DxO Labs from any claims and expenses, including legal fees, related to any breach of these Conditions of Use by you or your use of the Content of the Site.
Furthermore, parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. DxO Labs is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. DxO Labs is not responsible for the availability of these web sites or their contents. You acknowledge and agree that DxO Labs is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or their contents.
7. Variation
DxO Labs reserves the right, in its discretion, to suspend, change, modify or terminate the Site or access to part or all of the Content at any time.
DxO Labs reserves the right to revise these Conditions of Use at any time. Such variations shall become effective after being posted on the Site. By continuing to use the Site you will be deemed to have accepted the new Conditions of Use.
8. Site Production
The Site has been produced and published by DxO Labs SA.
Website manager: webmaster@dxomark.com
Producer: DxO Labs S.A.
3 rue Nationale, 92100 Boulogne Billancourt – France
Capital stock: 233 373, 04 Euros - RCS NANTERRE 444 777 577
Tel.: 33 155 20 55 99
Publication Manager is the official officer of DxO Labs
marketing@dxomark.com
Site hosted by OVH SAS
140 Quai du Sartel, 59100 Roubaix - France
Capital stock : 500 000€ RCS Roubaix – Tourcoing 424 761 419 00011
9. Miscellaneous
9.1. Governing Law and Jurisdiction - These Conditions of Use are governed by and construed in accordance with the laws of France and you hereby submit to the exclusive jurisdiction of the Paris Commercial Court.
9.2. Severability - These Conditions of Use are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed to have been deleted without affecting the remaining provisions of these Conditions of Use.
9.3. Waiver - DxO Labs's failure to exercise any particular right or provision of these Conditions of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DxO Labs in writing.
9.4. Assignment - In entering into these Conditions of Use, you undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Conditions of Use or part thereof. DxO Labs may assign these Conditions of Use in whole or in part to any third party at its discretion.
9.5. Force Majeure - DxO Labs shall not be liable in respect of any breach of these Conditions of Use due to a Force Majeure event, as defined by French Law.
9.6. Notice - Notices to DxO Labs must be given in writing by letter and sent to DxO Labs's last known place of business in France.
10. Definitions
“Content" has the meaning given to it in Clause 1.1;
"Conditions" or “Condition of Use” means the contract between DxO Labs and you incorporating these terms and conditions
"DxO Labs" means DxO Labs SA, a company duly incorporated under the laws of France with a capital of 233 373, 04€, registered number 444 777 577, whose head office located at 3 rue Nationale, 92100 Boulogne, France, and may also be referred to as "we" or "us" in these Conditions;
"You" means the visitor to the Site that enters into Conditions (and "your" shall be construed accordingly).