Terms of use
Terms of Use
These Terms of Use apply to www.danhier.com (the “Site”). The Site is operated by Danier, llc d/b/a Christophe Danhier. Throughout the Site, the terms “we,” “us” and “our” refer to Christophe Danhier. Christophe Danhier offers the Site, including all information, tools and services available from the Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the Site constitutes your agreement to these Terms of Use.
Accuracy, Completeness and Timeliness of Information on the Site
Christophe Danhier is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Use of Materials on the Site
All content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Christophe Danhier, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Christophe Danhier, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Christophe Danhier reserves the right to refuse or cancel any person’s registration for the Site, remove any person from the Site or prohibit any person from using the Site for any reason whatsoever. Christophe Danhier, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Christophe Danhier's sole discretion. Christophe Danhier neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties not affiliated with Christophe Danhier.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Christophe Danhier reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Christophe Danhier may be entitled at law or in equity.
Intellectual Property
All names, marks and logos Candide EyE, Prism, Evolution, Papillon, Brosse, Carre, Bamboo, Denim, Reptile, Tossed, Tempo, Gleam, Electric, Flash are trademarks of Danier, llc / Christophe Danhier.
Unless otherwise indicated, trademarks, logos and service marks displayed on this Site, are U.S. registered and unregistered trademarks of Christophe Danhier, its licensors or content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. All designs are copyrighted by Christophe Danhier
Christophe Danhier respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our legal department either by mail to Christophe Danhier - 380 rector pl suite 3d new york, ny 10280 or email at danhier@gmail.com
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant Christophe Danhier an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Christophe Danhier is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Christophe Danhier. You grant Christophe Danhier the right to use the name you submit in connection with such material, if the company so chooses. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Christophe Danhier for all claims resulting from content you supply.
Conduct on the Site
Some features that may be available on the Site require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.
Some features on the Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Christophe Danhier immediately. Christophe Danhier may assume that any communications the company receives under your password have been made by you unless the company receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame the Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Christophe Danhier”, “C. Danhier”, “Danhier”, and “CD”. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Christophe Danhier express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Christophe Danhier’s express written consent.
Return Policy
Sales on this Site are subject to our RETURN POLICY.
Links
The Site may contain links to other websites, some of which may be operated by Christophe Danhier and others of which may be operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Christophe Danhier is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on the Site are registered and unregistered trademarks of Christophe Danhier, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Christophe Danhier reserves all rights not expressly granted in and to the Site and its content. The Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Infringement Notice
You are hereby informed that Christophe Danhier has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Christophe Danhier’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Christophe Danhier
380 Rector pl suite 3d
New York, NY 10280
danhier@gmail.com
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Christophe Danhier is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
Jurisdiction and Applicable Law
The laws of the state of New York govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the state of New York for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of the state of New York and of the United States. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
ARBITRATION OF DISPUTES
INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF THE SITE OR PRODUCTS PURCHASED HERE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK.
ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THESE RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED.
AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF USE AS A COURT WOULD.
THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE INDIVIDUALIZED TO YOU AND SHALL NOT AFFECT ANY OTHER CUSTOMER.
YOU AND CHRISTOPHE DANHIER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
Changes to These Terms of Use
Christophe Danhier reserves the right in its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised terms will take effect five days after their publication on the Site and will apply only on a going forward basis. Your continued use of the Site after that point signifies that you accept the changes.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on the Site constitute the entire agreement and understanding between you and Christophe Danhier with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these Terms of Use or the Site, please contact us by e-mail at danhier@gmail.com. You also may write to us at:
Christophe Danhier
380 Rector Pl suite 3d
New York, NY 10280
Social Media Sharing and Hashtag Campaigns
BY POSTING CONTENT IN CONNECTION WITH A CHRISTOPHE DANHIER HASHTAG CAMPAIGN, INCLUDING BUT NOT LIMITED TO #CHRISTOPHE_DANHIER, #DANHIER, AS WELL AS ANY OTHER HASHTAG CAMPAIGNS THAT ARE CURRENTLY IN PLACE OR WILL BE DEVELOPED AND PROMOTED IN THE FUTURE (EITHER VIA DIRECT UPLOAD OR BY POSTING TO A SOCIAL MEDIA SITE USING THE SPECIFIED HASHTAG), YOU ARE REPRESENTING THAT YOU AGREE TO THE TERMS OF CHRISTOPHE DANHIER’S USER GENERATED CONTENT POLICY, AND OUR TERMS & CONDITIONS , AND THAT YOU WILL COMPLY WITH ALL OF THE REQUIREMENTS OF EACH POLICY, AND THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.
How do I participate in a Christophe Danhier Hashtag Campaign?
Participating is easy! Hashtag campaigns will include instructions more specific to each campaign so be sure to read carefully!
Generally, absent instructions specific to a particular campaign, the guidelines for social media participation are as follows: take a photo of your favorite Christophe Danhier jewelry, tag it with #christophe_danhier or the applicable hashtag(s), and share it on the specified social media platform, including but not limited to Twitter™, Instagram™, Facebook™, g+™, Google+™, YouTube™, and Pinterest®. By using the applicable hashtag(s), including but not limited to hashtags such as #christophe_danhier in connection with your social media post, you acknowledge and give your consent to Christophe Danhier that your photos(s) and your name and likeness may be used by Christophe Danhier or danhier.com
You further represent that you are at least eighteen (18) years old, and that you agree that your photo, name, social media handle, and any associated caption will be considered a "Submission" and that you have the right to post or have obtained the rights to post any third party images, likenesses, names, social media handles and associated captions that may appear or be included as part of your Submission. Any Submission constitutes a representation that you are authorized to or have obtained authorization to bind yourself and any third parties potentially related to your Submission, to all of the terms in our USER GENERATED CONTENT POLICY, including the grant of rights in a submission as described in that policy, and our TERMS & CONDITIONS and that you agree, on behalf of yourself and any third parties potentially related to your Submission, to be bound by such rules, regulations, and policies.
Don't forget: You need to be 18 years or older to share your photo with us!
So, what can’t I share?
We want to encourage the responsible use of social media so please don't share anything vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory. Same goes for content that would constitute a criminal offense or promotes alcohol, drugs, tobacco, firearms/weapons. For the full list of what you shouldn't share, check out our USER GENERATED CONTENT POLICY below.
I've shared my Submission, but I don't see it posted anywhere. What's the deal?
First, you should check to see if your social media account is public. If it's private, we can't see you or your pictures! Make sure you've used the correct hashtag(s) #christophe_danhier. All photos are subject to an approval process and won't be posted until they have been approved. If we can't identify the product, no longer carry the product, if you are under 18, or we feel like your photo doesn't comply with our requirements, we won't be able to post it. In the end, Christophe Danhier has the final say on whether we will use your Submission.
What if I want to have my Submission removed?
Please contact danhier@gmail.com to send a request to have your Submission removed. Be sure to include all relevant information so that we can find your Submission and ensure it is properly taken down! Once we receive your request, and confirm it, we'll remove your Submission.
Who owns my Submission?
If you shared the photo, you own it. However, once you tag your photo with #christophe_danhier or the applicable hashtag(s) and share it, you are agreeing to our Legal Notice and our User Generated Content policy and granting Christophe Danhier permission, among other things, to use the photo and your name, social media handle and any accompanying caption on our website, emails, in advertising or in any other marketing material. For more specifics, check out the full TERMS & CONDITIONS and our USER GENERATED CONTENT POLICY.
Other important details
Your use of any social media platform, including Instagram™, Twitter™, and Facebook™, is governed by the terms and conditions of those sites. Instagram™, Twitter™, Facebook™ and other similar social media forums are registered trademarks of their respective companies and not affiliated with Christophe Danhier's enterprises or danhier.com. Any Submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.
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