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LEGAL TERMS & CONDITIONS

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Lucien web sites located at www.lucienelements.com and www.maisonlucien.com, collectively, the “Site”. The Site is the property of Lucien Co., Ltd. (“Lucien”).

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Lucien reserves the right to update portions of all of these Terms of Use, at any time. It is your responsibility to check these Terms of Use from time to time for changes. Your continued use of the Site will mean that you accept and agree to the changes. Provided that you comply fully and unreservedly with these Terms of Use, Lucien grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user and visual interfaces, photographs, trademarks and logos, sounds and music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Lucien, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Lucien’s express prior written consent.

You may use information purposely made available by Lucien for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Lucien reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server operated by Lucien or its licensees, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Lucien, including any Lucien account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Lucien’s systems or networks, or any systems or networks connected to the Site or to Lucien.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Lucien on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Lucien or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Lucien’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Lucien may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Lucien makes no commitment to update the materials on the Site with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Establishing an Account/Profile

In order to purchase products or services from the Site or to access or use certain features on the Site, you may be required to establish and use a profile or account. When you register for an account or establish a profile, you may be asked to create a user ID and choose a password. You are responsible for keeping your user ID and password secret and confidential and restricting access to that information. You agree that you are solely responsible for all activities that occur using your user ID and password.

Privacy

Lucien respects the privacy of visitors to our Site. To review information about the privacy policy applicable to the Site, please visit our Privacy Policy. The Privacy Policy explains how Lucien collects and handles personally identifiable information provided by you on or through the Site.

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links

The Website may contain links to websites operated by other companies. Lucien does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. Lucien is not responsible for the content or policies of linked websites and you access such websites at your own risk.

Disclaimers

IN NO EVENT, SHALL LUCIEN, OR ANY OF ITS AFFILIATES, AND ITS AND THEIRS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, (WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE (EVEN IF LUCIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) YOUR USE OF THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE WEB SITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE WEB SITE, (C) YOUR INABILITY TO USE THE WEB SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE WEB SITE, (D) THE DELETION, CORRECTION, ACCESS TO THE WEB SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR (H) ANY OTHER MATTER RELATING TO THE WEB SITE.

Any reference to any product or service which has been or may be provided by Lucien or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.

Lucien takes all possible steps to ensure the accuracy and timeliness of the information included on the Site but cannot absolutely guarantee the accuracy, completeness or timeliness of the information provided on the Site.

However, Lucien reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Lucien shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.

Limitation of Liability

LUCIEN SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER USERS OF THE SITE (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A LUCIEN EVENT OR ANY USER GENERATED CONTENT, EVEN IF LUCIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST LUCIEN FOR USE OF THE SITE OR ANY CONTENT, IS TO STOP USING THE SITE. THAT SAID, IF LUCIEN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS, WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, LUCIEN'S LIABILITY SHALL NOT EXCEED US$101.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Lucien, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your user generated Content, your use of Content, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of these Terms of Use, any law or the rights of any third party.

Violation of These Terms of Use

Lucien may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Lucien’s rights or property, or the rights or property of visitors to or users of the Site, including Lucien’s customers. Lucien reserves the right at all times to disclose any information that Lucien deems necessary to comply with any applicable law, regulation, legal process or governmental request. Lucien also may disclose your information when Lucien determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Lucien may preserve any transmittal or communication by you with Lucien through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Lucien determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Lucien, its employees, users of or visitors to the Site, and the public.

You agree that Lucien may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Lucien, for which monetary damages would be inadequate, and you consent to Lucien obtaining any injunctive or equitable relief that Lucien deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Lucien may have at law or in equity.

You agree that Lucien may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Lucien does take any legal action against you as a result of your violation of these Terms of Use, Lucien will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Lucien. You agree that Lucien will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

These legal statements have been drawn up in accordance with French law and in particular the provisions of Law N°2004-575 dated 21 June 2004 "for confidence in the digital economy" and of Law N°78-17 dated 6 January 1978 on "Freedom of Information and Technology" amended by Law N°2004-801 dated 6 August 2004 "regarding the protection of natural persons with regard to processing of data of a personal nature". French courts shall exercise jurisdiction over any and all disputes arising from the use of the Site subject to contrary provisions arising from the Brussels Regulation dated 20 December 2000 concerning court jurisdiction and the application of rulings.

Void Where Prohibited

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use in all geographic locations. Lucien reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Lucien with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Lucien with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Lucien, Lucien will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Lucien’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Lucien of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Lucien and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Lucien provides access to Lucien international data and, therefore, may contain references or cross references to Lucien products, programs and services that are not announced in your country. Such reference does not imply that Lucien in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Lucien shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Lucien Co., Ltd.

Last Updated on August 2011.