The present Chart (hereinafter called the “Chart”) defines the general terms and conditions of the Web Site’s use accessible by the User, as hereafter defined on the following address: http://www.services.zodiac.com, (hereinafter called the “Web Site”) edited by Zodiac Services Europe, having its head office located, 2 Rue Maurice Mallet, 92130 Issy les Moulineaux and its main place of business located 7 avenue de Parana, 91943 Les Ulis Courtaboeuf.
Except in some specific cases, the following Chart of Use shall apply to all users of the Web Site, without regard to their status or function in the company. Indeed, this Chart of Use shall bind members of the executive board as well as any of its employees, temporary workers or interns (hereinafter collectively called the “User”).
This Web Site shall provide a consultation online and also accommodate the download of information and data. In order to have access to the Web Site and its functions, the User will receive a login and a password. The User is responsible for maintaining the confidentiality of the login and password information, and for restricting access to the User’s computer. The User agrees to accept responsibility for all activities that occur under the User’s login and password.
The User may use the Web Site, and the information, writings, images and/or other works seen, heard or otherwise experienced on the Web Site (singly or collectively, the “Content”) solely for a non-commercial, personal purposes and/or to learn about Zodiac Services products and services. No right, title or interest in any Content is transferred to the User, whether as a result of downloading such Content or otherwise. Zodiac Services Europe reserves complete title and full intellectual property rights in all distribute, transmit, or derive another work from and Content obtained from the Website, except as expressly permitted by the Chart of Use.
The User agrees to use the Web Site only for lawful purposes. The User agrees not to take any action that might compromise the security of the Web Site, render the Web Site inaccessible to others or otherwise cause damage to the Website or its Contents. The User agrees not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for the User.
ZODIAC SERVICES EUROPE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE, OR THE CONTENT. ZODIAC SERVICES EUROPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEB SITE AND ITS CONTENT. ZODIAC SERVICES EUROPE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEB SITE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
The User agrees that the User is personally responsible for the User’s conduct on the Web Site. User agrees to indemnify, defend and hold harmless Zodiac Services Europe, its parent company, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Web Site, or the Content, or any violation by you of this Chart of Use.
Zodiac Services Europe has the right to suspend at any moment the User’s access to the Web Site, to delete the User’s login and password, to withdraw any content diffused and cancel any User’s subscription therefore he did not respected one or any of the Chart’s disposition.
IN NO EVENT WILL ZODIAC SERVICES EUROPE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEB SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE AND/OR THE CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA, OR; (5) ANY OTHER MATTER RELATING TO THE WEB SITE AND ITS CONTENTS EVEN IF ZODIAC SERVICES EUROPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE USER IS DISSATISIFIED WITH THE WEB SITE AND/OR THE CONTENTS, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
Zodiac Services Europe is the holder of intellectual property rights or rights of use/diffusion related to the elements contained in the Web Site, such as, but not limited to trademarks, logo, graphics, illustrations, images, articles, and/or data base (hereinafter collectively called the “Elements”).
The User shall not exploit directly or indirectly, in a commercial purpose, all or a part of the Elements, as well as all right access to the Web Site. Except the case where a previous written authorization is given by Zodiac Services Europe, the User shall not change, sale, reedit, communicate and/or diffuse online all or a part of the Elements.
The User commits to use elements only for a private or professional use which contains a right for reproduction in order to stock information, reproduce, save copies. This right reserved to the User’s exclusive use is personal and non-transferable.
According to the French Law n°78-17 enacted January, the 6th 1978, the User can, at any time, have access to its personal information and ask for their modification, suppression, correction or their update by sending a mail to the following address : email@example.com