Terms of use

TERMS OF USE ACCEPTANCE OF TERMS FOR USE OF THIS WEBSITE. 

YOU MUST READ THESE ADELAHAYE STRATEGIC BRANDING WEBSITE TERMS OF USE CAREFULLY.

THESE ADELAHAYE STRATEGIC BRANDING, INC. WEBSITE TERMS OF USE ("TERMS OF USE") EXPLAIN THE CONTRACTUAL AGREEMENT BETWEEN YOU, THE PERSON USING THIS WEBSITE ("ADELAHAYE WEBSITE") AND ADELAHAYE STRATEGIC BRANDING, INC. ("ADELAHAYE," "WE", "US","OUR") REGARDING YOUR USE OF THE ADELAHAYE WEBSITE.

ADELAHAYE PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS, COLLECTIVELY "YOU," SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN ADELAHAYE AND YOU AND YOU ACCEPT THEM BY USING THIS WEBSITE IN ANY MANNER WHATSOEVER. IF YOU DO NOT ACCEPT THESE TERMS OF USE PLEASE DO NOT USE THIS WEBSITE.

This website, and all of its contents, are published solely for self-promotional, business-to-business purposes for the exclusive use of ADELAHAYE clients, prospects and employees, and is not intended for the casual viewing or entertainment purposes of the public. ADELAHAYE explicitly forbids the downloading or re-purposing of any text, audio, visual, programming or design data without prior written consent from ADELAHAYE.

BACKGROUND Welcome to the ADELAHAYE website.  With groundbreaking creative built on a strong strategic foundation, ADELAHAYE can help you transform your branding challenges into opportunities for share and volume growth.

Via the ADELAHAYE website, we provide certain information about our products and services and certain other third party information. We may add, delete or modify some or all of our services and information at any time. If at any time you are not in compliance with these Terms of Use, we have the right to terminate your rights of use and your access to the ADELAHAYE website and without any liability whatsoever to you whatsoever. We also have the right to terminate your use at our discretion, for any reason or no reason and without any liability whatsoever to you.

UPDATES TO TERMS OF USE We may amend these Terms of Use at any time by posting the amended Terms of Use on the ADELAHAYE website. Your continued use of the ADELAHAYE website after the posting of the amended Terms of Use constitutes automatic acceptance of the amended Terms of Use. You may only amend these Terms of Use with a writing signed by both of us.

INFORMATION POSTED ON THE ADELAHAYE WEBSITE Information on the ADELAHAYE website is provided "AS IS" and may contain inaccuracies or typographical errors. Accordingly, you as the user acknowledge that the utilization of such Information is entirely at your own risk. Information may be changed or updated without notice. ADELAHAYE may also make improvements and/or changes in the products and services described on the ADELAHAYE website at any time without notice. Any information contained on the ADELAHAYE website does not represent a commitment on the part of ADELAHAYE in the future.

We do not endorse any information posted by third parties on the ADELAHAYE website and we are not liable for any such information, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on the ADELAHAYE website, which we believe is appropriate in our sole discretion with respect to such information, including but not limited to removal of such information and/or termination of your rights of use.

SYSTEM INTEGRITY You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, denial-of-service attacks, other malicious code or repeated "hacks" or "attacks" on web server(s) intended to damage or interfere with the proper working of the ADELAHAYE website or to surreptitiously intercept or expropriate any system, data or personal information from the ADELAHAYE website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.

Further, you may not act in any manner that could damage, disable, overburden, or impair any ADELAHAYE server, or the network(s) connected to any ADELAHAYE server, or interfere with any other party's use and enjoyment of the ADELAHAYE website. You may not attempt to gain unauthorized access to any of ADELAHAYE’s accounts, computer systems or networks connected to any ADELAHAYE server or to any of the networks attached to such server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ADELAHAYE website.

LINKS The ADELAHAYE website may contain links to third-party websites not under the control or operation of ADELAHAYE. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site.

Unless you have a prior written agreement in effect with us that states otherwise, you may only provide a hypertext link to the ADELAHAYE website on another website if you comply with all of the following: (a) the link must be a text-only link clearly marked "ADELAHAYE" or "www.ADELAHAYEbranding.com"; (b) the link must "point" to the URL "http://www.ADELAHAYEbranding.com" and not to other pages within the ADELAHAYE website; (c) the link, when activated by a user, must display the ADELAHAYE website full-screen and not within a "frame" on the linking website; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking website. We reserve the right to revoke our consent to any link at any time in our sole discretion.

PRIVACY We recommend that you review our Privacy Policy, which is posted on the ADELAHAYE website and, which is a part of these Terms of Use. We may also amend the Privacy Policy from time to time. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to the ADELAHAYE website. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

Note, ADELAHAYE may collect and store personally identifiable information about persons who visit this site and voluntarily submit information in contacting ADELAHAYE. ADELAHAYE may also collect and store aggregate or anonymous information about user contact with and use of the site. We may use the information to contact you about our products and services or those of our clients from time to time. You may ask us to delete any information about you and cease further contact at any time by sending us via email using the email address set forth in the Notice section below.

OWNERSHIP & USE RESTRICTIONS The ADELAHAYE website and all intellectual property rights included in, or related to, the ADELAHAYE website (including but not limited to present and future copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in the ADELAHAYE website and the intellectual property rights remain our property (or the property of the respective Licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the ADELAHAYE website. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the ADELAHAYE website or its content. Visual Building Blocks®, Equity Power®, Surround Branding™, ADELAHAYE Strategic Branding Inc & Design ® CSB ADELAHAYE STRATEGIC BRANDING & design and the ADELAHAYE logo are trademarks or service marks of ADELAHAYE Strategic Branding, Inc. You may not utilize such marks, any new marks of ADELAHAYE or any marks confusingly similar thereto.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, provided by the ADELAHAYE website.

THE IMAGES OF PRODUCTS, LABELS AND TRADEMARKS OF OUR CLIENTS ARE SUBJECT TO PROTECTION UNDER OUR COPYRIGHT LAWS. USE OF SAID IMAGES ON OUR WEBSITE DOES NOT MEAN THAT THE IMAGES ARE IN THE PUBLIC DOMAIN OR OTHERWISE AVAILABLE FOR USE WITHOUT PRIOR WRITTEN CONSENT FROM OUR CLIENTS.

LAWS AND REGULATIONS
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the ADELAHAYE website; and (ii) release of information to and retrieval of information from the ADELAHAYE website. To the extent that any applicable taxes apply to your use of the ADELAHAYE website, you are responsible for the payment of such taxes.

TERMINATION OF USE We may immediately terminate any or all of your rights of use if you breach any of these Terms of Use, or if we are unable to verify or authenticate any information you release to us.

OUR RELATIONSHIP The ADELAHAYE website is only a site providing information about ADELAHAYE and its products and services. No agency, partnership, joint venture, employee-employer, franchisor-franchisee or licensor-licensee relationship or contractual relationship is intended or created by these Terms of Use between you and ADELAHAYE. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party. Nothing contained in this website shall be deemed in any way an offer by us to perform any service whatsoever for you.

GOVERNING LAW AND JURISDICTION The ADELAHAYE website (excluding linked sites) is operated by us from our offices in London, Singapore and Jakarta and is governed under each respective territory or International law for those excluded.

ADELAHAYE makes no representation that materials on the ADELAHAYE website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Furthermore, any controversy or claim brought by you against ADELAHAYE arising out of or relating to these Terms of Use or the ADELAHAYE website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Alternatively, ADELAHAYE may in its sole and absolute discretion commence a law suit regarding such controversy or claim in the Federal District Court for the Southern District of New York. You hereby agree to the jurisdiction and venue of such court with respect to such suit and waive any objections to such jurisdiction and/or venue of such court. You further agree that the breach by you of the terms of this agreement will irreparably injure ADELAHAYE such that ADELAHAYE will be entitled to a preliminary injunction to prevent the continuance of such injury. Further, should ADELAHAYE prevail in any law suit or arbitration with you it shall be entitled to all of its attorneys fees and costs.

NOTICE Except as explicitly stated otherwise or required by law, you shall provide any notices to ADELAHAYE by email to us at info@adelahaye.com.

NO WARRANTY WE PROVIDE THE ADELAHAYE WEBSITE AND OUR SERVICES "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE ADELAHAYE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE ADELAHAYE WEBSITE AT YOUR OWN RISK.
LIMITATION OF LIABILITY.

In the event that you have a dispute with one or more users of the ADELAHAYE website, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the ADELAHAYE website or such disputes. You waive the provisions of any law or regulation limiting or prohibiting a general release.

Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of the ADELAHAYE website caused by our supplier’s performance or lack of performance of the maintenance work to keep the ADELAHAYE website operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, misdeliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the ADELAHAYE website.

IN NO EVENT SHALL ADELAHAYE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL ADELAHAYE'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED USD$500.

The limitations of liability provided in these Terms of Use inure to the benefit of ADELAHAYE, our affiliates and to all of our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.

INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys fees) resulting from your use of the ADELAHAYE website, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.

OTHER GENERAL PROVISIONS
a) If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

b) The provisions of these Terms & Conditions shall be binding on the parties’ respective heirs and assignees.

c) ADELAHAYE’s policy is not to accept or consider any unsolicited ideas or materials of any kind. Do NOT submit any such materials at any time. If you violate this prohibition, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you

d) This site is offered in the English language and is intended for use in the U.S. and in other areas where that language is spoken. If you require information in other languages about ADELAHAYE, please contact us through our website under "Contact." . Use of this site is limited to persons over the age of 18.