Last modification : 10.09.2021

BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THIS WEBSITE IN ANY MANNER.

PLEASE READ THESE TERMS CAREFULLY BEFOREHAND. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, DO NOT ACCESS THE WEBSITE OR USE ANY SERVICES PROVIDED THEREON.

This website : https://shop.pokmi.com/ (the “Website”) is operated by INNOVATIVE CLOUD TECH SAS., 14 rue Charles V 75004 PARIS d/b/a RarePorn, a company organised under the laws of France, (the “Company”). Throughout the Website, the terms “we”, “us” and “our” refer to the Company. The Company offers this Website, including all information and Services available from this Website to you (the “User(s)”, “you”), conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

The Website offers access to an online store (the “Online Store”) hosted on Shopify Inc, i.e. an online e-commerce platform that allows us to sell our products (the “Products”) to you (the “Purchaser” and/or “you”). The terms and conditions of Shopify Inc. (available at : https://www.shopify.com/) apply where applicable.

By visiting the Website (“Visitor(s)”) and/or purchasing Product(s) from the Online Store, you agree to be bound by the following terms and conditions (the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all Purchasers and Visitors of the Website.

By agreeing to these Terms, you represent and warrant that you are of legal age to access this Website as a Visitor and use the Online Store as a Purchaser pursuant to the laws of your jurisdiction.

 

Your consent is given once you tick the box in the pop-up window which appears upon your first connexion and which says “This website uses cookies to ensure you get the best experience on our website. By continuing to use our website, you agree to our Cookies Policy”. By giving your consent, you confirm that your level of English is sufficient to understand the meaning of the Terms as well as all the commitments, warranties, waivers and obligations contained therein.

If you are browsing the Website on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

Any new features of the Website and Products which are added to the current Online Store shall also be subject to these Terms.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 1 - WEBSITE USE          

The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Website and its content for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen or on other devices (such as smartphones or tablets), subject to your compliance with these Terms and our other policies. All other uses are prohibited without the Company’s prior written consent. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

 

By using the Website, you agree to only use the Website for legitimate and legal purposes.

 

Any information or personal data you provide us through the Website with will be dealt with subject to the conditions established in the Privacy Notice. By using this Website, you agree to the treatment of this information and data, and declare that all the information you provide us with is correct and accurate.

 

SECTION 2 - ONLINE STORE

The Online Store offers you the possibility to order Products. These Products are available exclusively online through the Online Store.

 

The Products offered in the Online Store are available for sale in the countries listed in Annex 1 to these Terms. These Terms are valid for Products purchased by Purchasers established in countries where the Product is locally available for sale. Any offer for any Product made on this Website is void where prohibited by local law.

The information set out in the Terms and the details contained in the Online Store do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any Products shall exist between you and us until your order has been expressly accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.

 

Whilst we will make our best efforts to always process all the accepted orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.

 

We reserve the right, but are not obligated, to limit the sale of our Products per person, per household or per order, or to limit it per geographic region, or jurisdiction.

 

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise this right on a case-by-case basis.

 

We besides reserve the right to refuse our Products to anyone for any reason, at any time.

 

By using the Online Store, you agree and warrant:

•  Not to make any speculative, false, or fraudulent orders. If we are reasonably of the opinion that any such order has been made, we shall be entitled to cancel it and inform the relevant authorities.
•  Not to use our Products for any illegal or unauthorized purpose pursuant to the laws in your jurisdiction (including but not limited to copyright laws). Section 8 hereunder on Prohibited Uses further applies.
•  To provide us with correct and accurate email, postal and/or other contact details, and acknowledge that we may use these details to contact you in the event of it proving necessary (see our Privacy Notice). If you do not provide us with all the information that we need, we may not be able to complete your order.

We will not be liable to you or any other third party by reason of our refusal of your order, refusal to process an accepted order or of our withdrawing of any Product from the Online Store, whether it has been sold or not, removing or editing any contents on this Website.

 

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made.

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Online Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more information, please refer to our Orders and Returns Policy.

 

You understand that your account information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

SECTION 3 - PRODUCTS AND PRICES

Reference to “Product” in these Terms means the Pokmi-branded items and third party items bundled therewith.

All descriptions of Products are subject to change at any time without notice, at the sole discretion of the Company.

 

We make every effort to display as accurately as possible the colors and images of the Products that appear on our Online Store. We, however, cannot guarantee that your computer monitor's display of any color will be accurate.

 

Prices for our Products are subject to change without notice, upon the Company’s sole discretion.

 

We reserve the right to limit the quantities of any Product that we offer, to discontinue any Product at any time and to remove or edit any materials or content related thereto on the Website.

 

We shall not be liable to you or to any third-party for, including but not limited to, any modification, price change, suspension or discontinuance of the Products.

 

We do not warrant that the quality of any Product will meet your expectations. For more information, please refer to our Orders and Returns Policy.

 

SECTION 4 - THIRD-PARTY LINKS

The Website may include materials from third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 5 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send us or post on the Online Store, including but not limited to, ideas, comments, feedback, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, the “Comments”), you agree that we may, at any time, without restriction, including but not limited to, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are, including but not limited to, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 6 - MARKETING MESSAGING

We are using a text message platform to send you text marketing messages. Your consent is given once you tick the box in the pop-up window which appears upon your first connexion in the checkout page and which says “By opting-In for our text marketing messages and notifications, you hereby agree to the applicable Terms and Conditions”.

By giving your consent, you confirm that your level of English is sufficient to understand the meaning of the Terms as well as all the commitments, warranties, waivers and obligations contained therein.

By entering your phone number in the checkout section of the Website and initialising an order, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (related to your order, including but not limited to, abandoned cart reminders) and text marketing offers. You acknowledge that your consent is not a condition for any purchase or order.

If you wish to unsubscribe from receiving text marketing messages and notifications, you shall reply with “STOP” to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out.

For any questions please text “HELP” to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

 

Your submission of personal information through our text message platform  is governed by our Privacy Notice.

SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate, including but not limited to, to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Products is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Products or on any related website, including without limitation, pricing information, except as required by law.

No specified update or refresh date will be indicated to inform when an information has been modified or updated.

 

SECTION 8 - PROHIBITED USES

You are entitled to use the Website only in conformity with the laws of your country of residence and of the country from which you access this Website. You may solely make a legal use of this Website and any illegal or inappropriate use of the Website is banned. In particular, you agree to browse the Website lawfully and without any violation of these Terms or any applicable law and agree not to do any of the following actions in connection with your use of the Website:

1. a) access or use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Website, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behaviour or content;
2. b) access or use the Website for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other terms or policies provided in connection with the Website;
3. c) intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
4. d) damage, disable, overburden or impair the functionality of the Website in any manner;
5. e) distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
6. f) upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Website or the interests or property of the Visitors, the Users or of the Company;
7. g) export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
8. h) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Website or to extract data or information from the Website;
9. i) commercialize any application, code or any information or software associated with such application and/or the Website without the prior consent of the Company;
10. j) upload, post, transmit, distribute, store or otherwise make publicly available on the Website any personal data of Users, Visitors or of any third-party without the person’s prior explicit consent;
11. k) harvest or otherwise collect information or data about Visitors or Users without their consent or use automated scripts to collect information from or otherwise interact with the Website;
12. l) upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable, misleading or which restricts or inhibits any other person from using the Website, or which may expose the Company or its Visitors or Users to any harm or liability of any type;
13. m) upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence;
14. n) copy, modify, distribute, sell, or lease any part of the Website;
15. o) reverse engineer or attempt to extract the source code of the Website;
16. p) interfere or attempt to disrupt the Website in any way;
17. q) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Website, or third parties;
18. r) infringe upon or violate the rights of the Company, the Visitors, the Users or any third-party; and
19. s) facilitate or assist another person to do any of the above acts.

We reserve the right to terminate your use of the services or any related website for violating any of the prohibited uses.

SECTION 9 - INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights and all other proprietary rights in relation to the content available on the Website (including but not limited to software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement) (hereinafter: the “Website Content”) are the exclusive property of the Company or its licensors. Our rights to the Website Content include rights to (i) the Website; and (ii) all designs, layouts, software, displayed and technical information associated with the Website. All intellectual property rights in the Website Content not expressly granted herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions.

Any other use of the Website Content, including without limitation distribution, reproduction, modification, making available, communicating to the public, publicly performing, frame, download, display or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.

The Company, together with its licensors expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of the Website including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without prior consent of the Company.

SECTION 10 - POKMI TRADEMARKS

Pokmi™ is a registered trademark and www.pokmi.com as well as www.shop.pokmi.com a domain name owned and controlled by INNOVATIVE CLOUD TECH SAS. The trademark Pokmi™ together with the other graphics, logos, layouts, designs, page headers, button icons, scripts and service names on the Website and on the Products are the trademarks or trade dress of INNOVATIVE CLOUD TECH SAS or its licensors (hereinafter: the "Marks"). INNOVATIVE CLOUD TECH SAS or its licensors reserve the right at any time and without notice to update and/or modify the domain names owned and controlled by INNOVATIVE CLOUD TECH SAS.

No trademark or service mark license is granted in connection with the materials contained on the Website or on Products. Access to the Website or purchase of Products does not authorize anyone to use any name, logo or mark in any manner whatsoever.

You may not use the Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that INNOVATIVE CLOUD TECH SAS or its licensors endorse any product or service. You may not reproduce or use the Marks without the prior written permission of INNOVATIVE CLOUD TECH SAS or its licensors.

Any goodwill accruing out of the use of INNOVATIVE CLOUD TECH SAS or its licensors and the Marks, trade and business names and service marks will vest in INNOVATIVE CLOUD TECH SAS and its licensors, as the case may be.

SECTION 11 - RESERVATION OF RIGHTS

The Company may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of the Company, as well as close or interrupt the Website. The Company reserves the right to terminate your right to access and use the Website if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Company.

The Company reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms.

SECTION 12 - AVAILABILITY

The Website and content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Website and content in certain territories and jurisdictions.

SECTION 13 - DOWNTIME

Since the Website is web-based, it might be subject to temporary downtime.

From time to time we also update or maintain the Website, which will result in the Website not being available for a certain period of time. We do not warrant that the Website operates uninterrupted or error-free.

We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Website or suspension of your access to the Website.

SECTION 14 - DISCLAIMERS AND LIMITATION OF LIABILITY

You expressly acknowledge and agree that your access to and use of the Website is at your sole risk. As between you and the Company, to the maximum extent permitted by applicable law, the Website, Product and/or services are provided on an “as is” and “as available” and “under development” basis and the Company expressly disclaims all representations, warranties and conditions (express or implied, oral or written), including any implied warranty of merchantability, fitness for a particular purpose and non-infringement.

All content available on the Website are made available for informational purposes only and should not be contractual or binding in any way for the Company. You should not rely upon this content in any way. The Company does not give any warranty in relation to the Website, the software and content nor with any Product and/or services, information published or available on the Website, should it be its availability, accuracy or lawfulness. The Company shall not verify, update or correct such information.

The Company does not warrant that the Website will be available at all times and expressly reserves the possibility to discontinue the Website without notice. In addition, the Company does not represent or warrant that (a) the operation of the Website will be secure, uninterrupted, error-free or virus-free, or (b) any defects in the Website will be corrected. No oral or written information, guidelines or advice given by the Company will create a warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law.

The laws of some states or jurisdictions do not allow the disclaimer of implied warranties, so some or all of the disclaimers in this section may not apply to you. You agree that the entire risk arising out of your use of the Website remains solely with you. You agree that neither the Company nor its affiliates is/are responsible for the fitness or conduct of any Visitor and/or User. Neither the Company nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of any Visitor and/or User.

Any warranty, condition or other term arising out of or in connection with the Website which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Website or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. If you have a dispute with one or more Visitor(s), User(s) and/or third-part(y/ies), you agree to release the Company (including our affiliates, and each of its respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any Products procured using the services, or for any other claim related in any way to your use of the services or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content (or Product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 15 - FORCE MAJEURE

The Company cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - DISCLOSURE OF USE

The Company may disclose any information we have about you according to our Privacy Notice.

SECTION 19 - TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or condition or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us (the “Parties”) and govern your use of the Website and the Online Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

SECTION 21 - GOVERNING LAW

These Terms and your use of the Website, as well as all matters arising out of or in relation to them (including non-contractual disputes or claims and their interpretation), shall be governed by the laws of France, with the exclusion of conflicts of laws rules. Any claim or dispute regarding these Terms or in relation to them shall (including for non-contractual disputes or claims and their interpretation) be subject to the exclusive jurisdiction of the Courts of Paris, France, subject to an appeal at the French Court.

In case of dispute, you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the litigation or related to the dispute(s) therein.

SECTION 22 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of these Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes by you.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms should be sent to us at : shop@pokmi.com.

ANNEX 1

Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Switzerland, Sweden.