TERMS & CONDITIONS

 

The www.nocturne.us website (the "Website") is operated by NOCTURNE S.A.S, doing business as Nocturne, a limited liability company duly organized under the laws of the Paris, France, under Business License Number FR85917757247, whose registered address is 14 Rue de Dunkerque CS 2001, Paris, France, which maintains this website (the "Website") ("Platform") ("Nocturne", "us", "we", "our").

The Site is provided to you for your personal use, subject to these Terms and Conditions and any other rules posted on the Site (including our Privacy Policy) (the "Terms and Conditions"). By visiting the Website, you agree to be bound by, and to comply with, the practices described in these Terms and Conditions, which govern your access and use of the Website and all content and features available on the Website (or any of our other websites and related microsites accessible through the URL www.nocturne.us and related domain names) (the "Services").

If you wish to use our services, you must read and agree to be bound by our policies relating to those services. In particular, your attention is drawn to our Terms of Use and our Privacy Policy. If you are a minor and/or under the age of 18, you must inform your parent or guardian of our Privacy Policy before registering to use this Website or any of the Services.

We grant you a non-transferable and revocable personal license to use the software provided to you by us as part of the Website for the sole purpose of enabling you to use and enjoy the benefits of our Services as provided by Nocturne in the manner permitted by the Terms. Commercial use or use on behalf of any third party is prohibited unless expressly permitted by us in writing in advance. Any breach of these Terms and Conditions will result in the immediate termination of the license granted in this paragraph without notice to you and without prejudice to any other rights of Nocturne and without prejudice to any other rights of Nocturne.

REGISTRATION

Certain services and related features, such as but not limited to newsletters, that may be made available on the Site may require registration or subscription in order for you to use them. If you choose to register or subscribe for such services or related features, you agree to provide complete, accurate and current information about yourself and to promptly update such information if it changes. We may change our registration or subscription requirements from time to time. As a user of the Site, you are solely responsible for maintaining the confidentiality of passwords and other account identifiers. If you use the Site, you are entirely responsible for all activities that occur under any password or account. You must notify us immediately of any unauthorized use of your password or account. Nocturne will not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of or in connection with your failure to comply with this paragraph. You may be liable for our or others' losses resulting from such unauthorized use.

Please see our Privacy Policy for information about how we use your information.

YOUR CONTENT

You are responsible for your use of the Site, for any information, text, graphics, photographs or other materials that you upload or post to the Site (collectively, "Your Content"), and for any consequences thereof. Most of the Content you submit, post or display through the Site is public by default and can be viewed by other users and through third-party services and websites. You should only post Content that you are comfortable sharing with others in accordance with these Terms and Conditions. When posting Your Content, You agree not to make any comments that are not factual in nature, including, without limitation, racist comments, use of profanity, abuse of another user, disrespect for another culture, or any other derogatory or inappropriate comments. We cannot monitor or control Your Content, and we assume no responsibility for Your Content. Any use of or reliance on Your Content or content provided by parties other than Nocturne (such as other users) ("Other Content") or obtained by you through the Site is at your own risk. Your Content may be moderated and may take up to 48 hours to appear, but Nocturne makes no commitment to review all of Your Content or Other Content and will not be liable for doing so. If you have a complaint about any post, please contact our customer support. Nocturne reserves the right, in its sole discretion, not to publish or to remove any of Your Content or Other Content that it deems to be unlawful, defamatory, racist, libelous, inciting hatred or violence, harmful to persons, institutions, religions or people's privacy, harmful to minors, infringing on trademarks, patents and copyrights, containing personal data or improperly using the medium to promote and advertise businesses.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Other Content, or endorse any opinions expressed through the Site. You understand that by using the Site, you may be exposed to Other Content that may be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that are mislabeled or otherwise deceptive. Under no circumstances will we be liable in any way for your Content or any Other Content, including, but not limited to, for any errors or omissions in your Content or any Other Content, or for any loss or damage of any kind incurred as a result of the use of your Content or any Other Content posted, emailed, transmitted or otherwise made available on the Site or posted elsewhere.

You retain all rights in Your Content. By submitting, posting or displaying Your Content on or through the Site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any media or distribution method (now known or later developed). You agree that this license includes the right for Nocturne to provide, promote and improve its services and to make Your Content available to other companies, organizations or individuals who partner with Nocturne for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to our terms and conditions for the use of Your Content. Such additional uses by Nocturne or other companies, organizations or individuals who partner with Nocturne may be made without any compensation to you with respect to Your Content.

We may modify or adapt Your Content for transmission, display or distribution over computer networks and in various media and/or make changes to Your Content as necessary to conform and adapt Your Content to the requirements or limitations of any network, device, service or media. We reserve the right (but have no obligation) at any time to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve and disclose any information we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Nocturne, its users and the public.

While accessing or using the Site, you may not do any of the following: (i) access, interfere with or use nonpublic areas of the Site, our computer systems or our providers' technical delivery systems; (ii) probe, scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (iii) access, probe or attempt to access or probe the Site by any means (automated or otherwise) other than through the currently available, published interfaces provided by us (and only pursuant to the Terms), unless you have been specifically permitted to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Site in any way to send forged, misleading or false source-identifying information; or (v) interfere or disrupt (or attempt to interfere or disrupt) the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or scripting the creation of your content in a manner that interferes or imposes an unreasonable burden on the Site.

ELIGIBILITY

The purchase of products through the Website is strictly limited to parties who are legally able to enter into and perform contracts on the Internet under the laws of the United Arab Emirates. In order to make purchases on the Website, you must provide your personal information, including your real first and last name, valid mobile phone number, alternate contact phone number, valid email address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details provided by you are valid, complete and correct and confirm that you are the person referred to in the billing information provided.

The Website is only available to persons who meet Nocturne's eligibility requirements, who hold a valid credit/debit card from a bank acceptable to Nocturne, and who have authorized us to charge their credit/debit card for the total purchase price of the product(s) they purchase. Products purchased are for personal or gift use only and may not be resold, used for commercial purposes or for any other commercial benefit. Nocturne reserves the right to limit multiple quantities of any item shipped to any one customer or shipping address.
By submitting an offer to purchase product(s), you expressly authorize Nocturne to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties in order to authenticate your identity, validate your credit/debit card, obtain initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you to conduct appropriate anti-fraud checks and that such personal information may be disclosed to a credit reference or fraud prevention agency which may keep a record of such information.

Please see our Privacy Policy for information about how we use your information.