GENERAL TERMS AND CONDITIONS OF THE SERVICES “ADINTIME”

"Adintime" is a registered trademark at the French National Institute of Industrial Property as n°4131906

 

The company Adintime (hereinafter called the “Company") is a simplified stock corporation, headquarter 87 Avenue de Wagram, 75017 Paris, registered with the Paris Trade and Companies Registrar under number 808 943 583.

The Company’s main service is the concession of advertising and marketing of ad space via Internet.

These terms and conditions of use set out the legal framework for the use of the Service Adintime offered by the homonymous Company.

By concluding a contract with the Company, you unreservedly agree to these General Conditions of Use. You declare having understood and acknowledge, consequently, having read these General Conditions.

 

The website www.adintime.com is edited by the Company. It is hosted by OVH.

 

Mister Erick Gommeaux is the Publishing Director of the site.

 

These General Conditions are applicable throughout the entire use of the Service. Furthermore, you are informed that these General Conditions can be updated at any time.

 

The Company may modify, at any given time, the content of the functionalities offered on its Website.

 

The Company can be contacted at the address provided at the top of the present Condition, or by email at contact@adintime.com and by phone at +33 1 83 79 83 06.

 

Article 1. DEFINITION

 

In the present General Sale Conditions, the words or expressions starting with a capital letter have the following meaning:

 

-       Advertiser: means any individual, legal entity, agency offering to buy ad space on its behalf or on behalf of its clients;

-       Intellectual Property Rights: means all literary and artistic property rights (copyright and related rights), industrial property (trademark, design and model and patent) under the Code of Intellectual Property and International Treaties;

-       Personal Space: is the virtual space assigned to Users. This space is accessible by entering your login credentials.

-       Media: refers to all legal entities, companies or corporation governed offering to sell ad space

-       Service:  refers to all features accessible directly on the Website www.adintime.com

-       Press Titles:equally refers to both written press and digital;

-       Site: refers to all the elements structuring the Website accessible at www.adintime.com and all the created content including the graphics, frames, banners, flash animations and video, source code, HTML code and programming;

-       You or User: designates both the Advertiser and Media.

 

Article 2. SUBJECT MATTER AND SCOPE

 

Adintime is a matchmaking platform between Advertisers and Media allowing the users to buy and sell directly via the platform advertising space dedicated to paper and digital press.

 

The Company operates through the website www.adintime.com that allows Advertisers, based on the needs they formulate, to buy advertising space in France and abroad.

 

Before final confirmation, the Advertiser can access, at any time, a summary of the order. The order summary lists the selected advertising space(s) and includes any ancillary costs such as commissions in the case of matchmaking. The Advertiser has the possibility to modify his order and correct any errors before proceeding to the final confirmation of his order.

 

The Advertiser shall, before any final confirmation of his order, take note of the Terms of Sale.

 

The Company also offers advertisers a custom search service on a selection of Media in France and abroad. Browsing the website is completely free for Advertisers and requires no commitment by subscription.

 

Adintime also provides access to the Media wishing to increase their visibility with advertisers. The services offered by the Company to the Media will be directly accessible on the www.adintime.com site. Media will be able to access the SEO Service established by the Company under the terms of these Terms of Sale.

 

To benefit from all the features developed by the Company, the Media will purchase an affordable subscription according to the Terms and Conditions defined by the Terms of Sale.

 

The General Terms and Conditions are accessible by clicking on the following link:

 

By using the Site, You agree unconditionally with these General Terms and Conditions (hereinafter referred to as the "Terms"). You represent and agree, consequently, to have read and understood the provisions of these Terms.

 

These Terms are available at any time by clicking on a direct link at the bottom of each page of the Website. These Terms define the legal framework for the use of the Site by You and the relationship can be established between You and Adintime. These Terms also contain information regarding the rights of Advertisers and Media and restrictions to these rights.

 

Article 3. ENTRY IN FORCE – DURATION

 

These Terms are applicable throughout the duration of your navigation and access to the Site and for the duration of use of the Site.

 

The Company reserves the right to modify these Terms at any time. Any changes will take effect after publication. You agree to be informed of the update of the Terms by their publication on the Site.

 

By continuing to access or use the Site after the effective date of the Terms’ updates, You acknowledge having read and acceptedthe said updates. The present conditions govern potential conflicts that may arise before the date of the updates of the Terms takes effect.

 

The latest version of the Terms available online on the website prevails, if any, on any other version of these Terms.

 

Article 4. ADVANCE NOTIFICATION

 

This Site may contain hyperlinks to websites features or third-party or third application. The images and comments on the Site may also contain links to third-party applications. The site also includes third-party content that the Company does not control, does not handle and does not endorse.

 

The features of the Site may allow interactions between the Site and a Third Application, including the connection, mobile applications, the Site or your account on the Site to any Third Application. The Site may also include a feature allowing you to share content from the Site or its contents to third parties. This content can be found published on the website or application of the third-party.

 

The Company has no control over third-party websites and their contents, and can not, therefore, be held responsible for these features or third-party websites. 

 

Communication and business transactions with third parties found through the Site are solely You and third parties.

 

You can choose to use an application that connects to the Site or its profile on the Site to a third-party application. In this case, this third-party application may interact with your profile on the site, to connect it to collect information about it or deposit data.

 

By using such third-party applications, You acknowledge and agree that:

 

 

(i)             if You use a third-party application to share information, You consent that the data on your profile on the site are shared;

 

(ii)           Your use of third-party application may result in disclosure of information that identifies you personally or associating You with it, even if the Company has not provided this information itself;

 

(iii)         Using third-party applications on your own and at your own risk and you void the liability of the Company in case of problems related to activities related to third-party applications.

 

Article 5. CREATION OF A USER ACCOUNT

 

Browsing the site and access to information published here is free and requires no registration on the Site. However, to access the full functionality of the Site, you must create a user account.

 

During each use of the Site, you must always enter your username and password that you need to keep secrets. These username and password are non-transferable and for personal use only. You have to make sure they are not being used or likely to be used by third parties. As such, You agree to keep the various component elements your password separately.

 

By creating this account, you warrant that you will protect the information on your account and you will be fully responsible for all use of your account by you or any third party.

 

You need to definitely validate your account must provide the following information via your personal account:

 

-       First and Last Name

-       Email Address

-       Company

-       Creating a password

 

The professionals, Advertisers, or Media must also give the following information:

 

-       Corporate Name

-       Address of Head Office

-       SIRET Number

-       Phone Number

-       Currency you wish to use for transaction (€ or USD)

-       Timezone the company is located in;

-       VAT Number;

 

Once your definitively validated your user account, you will receive a confirmation email containing your username and password. You can then access the features of your account. The Company reserves the right to verify the information provided by the Media before definitively validate their user account.

 

In the event of a breach of any provision of these Terms, the Company reserves the right to modify or terminate access to the Site at any time without notice and without liability to the User. In this case, the content you publish and your information will not be accessible. 

 

Users have a right to oppose, access, rectify and delete personal data concerning them, as well as the right to oppose for legitimate reasons, they can exercise as provided by the law by sending an email to the Company at contact@adintime.com, stating their name, email address and, if applicable, company name, SIRET number.

 

By providing the necessary information to create a user account, you agree that:

 

-       You must be able to provide all the documents necessary in order to prove your identity

 

 

Article 6. DESCRIPTION AND OPERATION OF THE SERVICES DEDICATED TO ADVERTISERS

 

The User will be able to access the following functions:

 

  •       Search of one or more Media;
  •       Access to the search form;
  •       Compare the Media with selective criterion chosen;
  •       Following the Media plan;

 

6.1 ACCESS TO THE SEARCH FROM

 

The Advertiser can directly access it by typing the title of their choice on the search bar dedicated to this purpose. The Company, through its website, also offers the Advertiser to fill in a questionnaire to find the press titles based on selected criteria.

 

As such, the proper functioning of Adintime Service is conditioned by the actual filling of the questionnaire. This step is a prerequisite enabling the Advertiser to access the functionality of the Site. The information requested in the forms are necessary and give you access to the Securities bringing most of the selected criteria.

 

In a case of failure of one or more information and/or entering incorrect information, the Company disclaims any responsibility whatever its nature and foundation. The Advertiser also recognises that it has no liability action against the Company and this whatever the foundation.

 

6.2 COMPARING MEDIA TITLES

 

The Company, through its website, offers a comparison tool for the available Media. Based on the information transmitted through the questionnaire, the Advertiser will access directly to a page listing on the Site of Media Titles according to his choice.

 

The Advertiser is informed that Adintime agrees to compare the independent press titles based on the information obtained. However, Adintime does not compare all the Media available media. The Media subjected are essentially those of registered Media or recorded by the Company.

 

The User therefore fully aware the visible Media do not represent all of the shares on the market. Therefore the Advertiser has no recourse and can not make any claim in cases where it would  not find available a Media on the Site.

 

6.2.1 PRESENTATION AND CLASSIFICATION OF MEDIA

 

Once the form completed by the Advertiser, the Media title will appear classified according to the criteria selected. The Advertiser has the option to display results according to other proposed criteria. The criteria related to:

 

-       A geographical area of diffusion of the Media title;

-       A periodicity of broadcasting;

-       A socio-professional category of readership

-       The gross price per colour page

-       Readership gender

-       A broadcast of the number of copies

-       At the readership on title

 

The User acknowledges and agrees that Adintime is not responsible for errors or omissions contained in an offer or referenced media profile and the Company is not responsible for any false information provided by Media .

 

However, the Company agrees to regularly query the media on the development of services offered.

 

6.3 OBTAINING QUOTES, NEGOTIATING, AND CONCLUSION OF CONTRACT

 

Once the title selected, the Advertiser can request quotes directly through the platform. The Media can directly emit a quote online to the Advertiser who made the request. This particular quote specifies the unit price schedule and details of the advertising campaign.

 

The Company provides its Users with a space of dialogue allowing them to contact, communicate and negotiate the amount of an advertising campaign. At the request of the Advertiser, the Company will send to Media contact to the Advertiser. The Company undertakes not to transmit the coordinates of the Advertiser without its prior agreement.

 

The Advertiser may directly validate the online quote by clicking on "validate quote." The final confirmation of the estimate by the Advertiser is definitive conclusion of the contract.

 

In the absence of definitive validation of the quote by the Advertiser within 15 days, the quote shall be considered terminated. The Company is not a party to the contract between the Advertiser and the Media, cancellation, delay in performance, failure of a Party may be charged to the Company.

 

The Company acts as an intermediary transparent Users. The transparent intermediary's only role is to link an Advertiser with one or more media through the Site.

 

The liability of the Company can be searched or questioned in this regard and the User agrees to hold the Company free of payment of all costs, charges, convictions, allowances, fees or other under the relationship between Advertiser and Media .

 

From a contractual point of view, the Advertiser and the Media, therefore, contract directly with one another. Advertiser and Media acknowledge that the Company is a provider and can not as such take part in the contract concluded between an Advertiser and Media. Under these conditions, the Company is not a party to any contract between the issuer of an offer and an Advertiser.

 

Finally, the User expressly acknowledges that Adintime can not be responsible for the sudden refusal of an Advertiser or Media perform its contractual obligations.

 

6.4 FAVORITES _                                                                     

 

A "Favourites" space is offered to the Advertiser so that he can have an access to the Media that he has selected on the Site. The Advertiser will be able to directly access the Media without having to go through the search form.

 

6.5 MONITORING AN AD CAMPAIGN


Adintime provides Advertisers with an interface allowing them to organise and track an ad campaign. The Advertiser may visualise the evolution of a campaign and can access an interface gathering all the statistics for this campaign.

 

Advertiser has indeed access to the following information:

 

-       number of issues per title on a defined timescale;

-       a vision of the entire downloadable PDF media plan;

-       precise details of each issue (original location negotiated and issued initial and final gross price etc)

-       Visual real-time availability from the downloadable publication in PDF;

-       Tables, receipts, invoices and purchase orders;

 

This service will be charged according to the terms defined in the General Conditions of Sales accessed by clicking the following link:

 

Article 7. PRESENTATION OF SERVICES DEDICATED TO THE MEDIA

 

Creating a user account and a subscription gives you access to all of the following features:

 

  •       Premium SEO
  •       Visibility of Media on the Site according to the criteria sought by the Advertisers;
  •       Increased visibility of Media based on the supply of selected visibility
  •       Linking with advertisers who requested you or your Media titles for a quote
  •       Quote Management and quote directly to your user space;
  •       Highlighting Titles available directly on the website's home page;

 

7.1  BASIC SEO

 

Adintime provides the Media with a referencing service on the Site. The basic SEO included includes a short description of Media offered and the creation of a media sheet. 

 

This listing is completely free for Media and assumes no subscription.

 

7.2 PREMIUM SEO

 

Premium SEO Service costs include:

 

-       A description and a cover photo of the proposed Media;

-       Creating a Media file;

-       The posting of an extract of the proposed Media;

-       Creating an optimised  SEO page;

-       A presentation of the Media on the media sheet presented to advertisers allowing more characters than the description included in the basic SEO

-       A cover photo of the choice of title to illustrate the Media in question

-       The ability to highlight in more criterion in the search advertisers

-       The possibility of adding an extract of the title available for download by the Advertiser

-       A listing which will be optimised by SEO Adintime technical service 

-       Transmission of requests for quotes priority compared to the securities referenced in basic

-       The ability to specify the editorial calendar for each title (dates and descriptions of special numbers)

-       Integration of the link to the digital media kit on editor's website

-       A dedicated landing page, with a customized URL to be shared on any digital media by the Media

 

Article 8. INDEPENDENCE

 

The Company has no equity stake in any Media company, mediate or another establishment which would be the subject of a comparison on the site. No registered Media hold any direct or indirect way, a capital participation in the Company.

 

Article 9. REMUNERATION OF THE COMPANY

 

The Company is paid directly by the Media. Except for the advertising campaign tracking service which subscription is optional, the service is totally free for Advertisers.

 

In a case of a conclusion of implementation of a contract between an Advertiser and Media for the Premium SEO service, a monthly subscription of 90€ Tax Excluded per month will be billed to the Media. The fees are billed annually.

 

Article 10. LINKING

 

Adintime offers the possibility, based on the selected tracks, to link the Advertiser with one or more media. Adintime informs its users that no information will be passed without first obtaining their express consent.

 

The User acknowledges, therefore, that the Company is not responsible for the failure of a relationship between an Advertiser setting a Media or the inability to get a quote from a Media for any reason it would be.

 

Article 11.  OBLIGATIONS

 

Users and Professionals subscribers undertake while using the service Adintime to respect the laws and regulations and do not infringe the rights of others or to public order. They are solely responsible for the information transmitted. As such, the responsibility of the Company shall in no case be engaged. To this end, the User agrees: 

 

-       to not transmit and distribute any photos, video whose content may be considered obscene, pornographic, indecent, detrimental or offensive to the dignity of every human being;

-       not to publish any content, messages or  rude information, abusive or encouraging any activity punishable by law or regulation in force;

-       not to publish any photos or video protected by legislation on Intellectual Property unless they hold the rights thereto or the necessary consent to its operations;

-       not to publish any content containing a corrupted file;

-       not to publish any content that violates the rights of third parties.

 

In particular, the Professional is solely responsible for compliance with legislation applicable to intellectual property. You also agree not to transmit:

 

-       incorrect or false information,

-       any information sensitive to a racial or ethnic origin or on political, philosophical or religious, a trade union membership, sexual life or health, contrary to morality and the law.

 

In a case of breach or contravention of these rules due to the transmission of this information, we reserve the right to remove the offending contents without notice and possibly your personal space.

 

You must ensure that all information you provide on the Website are correct and you agree not to create or use of the Site without authorization, other areas under your own User ID and/or that of a third, it being understood that any identity theft is subject to prosecution and penalties, finally the violation of this commitment may result in immediate suspension without notice of your User Space.

You also agree on :

-       being the sole owner of the content that you post on the Site, to be able to proceed with their publication and entitled to grant us a license to broadcast,

-       not to violate your publication any of the rights protected, be it human rights or those provided by the Civil Code and the Code of Intellectual Property (Copyright, neighbouring rights, trademark, patents, image rights etc.),

-       not to publish any false information,

 

Article 12. RESPONSIBILITY - COMPLAINT

 

The Company can not be held responsible for content posted by Users on any medium or platform whatsoever, and gives no warranty, express or implied, in this regard.

 

Users are solely responsible for their use of the Website and the direct or indirect consequences of that use. They belong to them to make use complies with current regulations and the recommendations of the French National Commission for Data Protection and Liberties (C.N.I.L.)

 

The Company is also under no obligation to screen, monitor, modify information published by Users. The Company is not responsible for the choices made by the Advertiser. The choice of Media falls within its responsibility.

 

In no event the Company, its subsidiaries or affiliates, or any of their employees, officers, directors, agents, resellers, partners, third party content providers or licensors, or any of their officers, directors, employees or agents be liable for any indirect, incidental, special, punitive or indirectly arising out of or relating to:

 

-       your use of the Site or Services;

-       inability to use the Site or Services;

-       modification or deletion of content transmitted through the Services or these Terms.

 

In no event shall the Company in connection with services not exceed the value of money it has collected. You agree that any complaint of the Site or the Services or in connection must be made within one (1) year from the event for the complaint it-foreclosure due to that complaint. Some countries do not allow limitations on the duration of an implied warranty, it is possible that some or all of the limitations mentioned above do not apply.

 

In addition, the Company can not be held responsible for the non-operation of a lack of access or malfunction of the services of access Users provider, to those of the Internet. It will be the same for all other reasons outside the Company. Indeed, although the Company makes every effort to prevent malicious use of the site. www.adintime.com, the Company can not be held liable for any damages resulting from transmission of a virus or any other element likely contaminate your computer equipment and programs.

 

Finally, any contract is concluded directly between the Advertiser and the Media, the Company is not a party to said Agreement. Therefore, you acknowledge that any claim that the user wishes to make must be submitted directly to its direct counterparty.

 

Article 9. INTELLECTUAL PROPERTY RIGHT

 

«Adintime» is a trademark  registered at the National Institute of Industrial Property.

 

The Company is the exclusive owner of the intellectual rights to the website including all texts, commentaries, articles, illustrations, videos and images, whether visual or sound, reproduced on the Site as well as databases which it is the producer.

 

All these intellectual creations are protected under copyright law, trademark law, patent law, the sui generis database and image rights, and for the world.

 

As such and in accordance with the Intellectual Property Code, only the use of the Site for private use subject to different rules even more restrictive code of what is permitted.

 

Any other use constitutes infringement and is punishable under the Intellectual Property Code without prior authorization of the Company.

 

Any form of total or partial copy, extraction and reproduction of the database produced and operated by the Company on the Website is strictly prohibited without the prior written consent.

 

The Company does not own the content published on the Site. By using the Site, you grant to the Company a nonexclusive, royalty-free, perpetual, transferable, irrevocable and may be under a license to use the content you publish on the Site.

 

 

Under this license, You authorise us: 

 

-       to freely use all or part of your published content, to represent, distribute and reproduce them on the Site.

-       to freely reproduce and distribute a favourite covers corresponding to the visible tracks on the Site.

 

The Company thus remains free to disseminate the contents of users in a promotional framework, advertising and non-through communications to a public or B2B partnership. This spread can be by any means.

 

Therefore, you represent that:

 

(i)             You own the content that you post on the Site or through it, or that you are authorised to grant the rights and licenses mentioned in these Terms;

 

(ii)           publication and use of your content on the Site or through do not break, do not turn away and does not violate the rights of third parties, including but not limited to, the life of respect private rights, advertising rights, copyrights, trademarks and other intellectual property rights;

 

Article 10. PROTECTION OF PERSONAL DATA

 

The giving of information collected as part of these Terms is mandatory. This information is necessary for treatment, offering the Services. The absence of information prevents the proper functioning of our online services offered.

 

You acknowledge and agree that personal data can be transferred or stored outside of the countries where the Company and/or Authorized Users are located in order to perform the Services under these Terms.

 

With regard to users in the European Economic Area ( "EEA"), You acknowledge and agree that personal data can be transferred or stored outside the EEA in order to perform the services provided by these Terms of use.

 

You must ensure that you have the right to transfer the personal data concerned us so that we can, legally, use, process and transfer it to your account in accordance with the Terms.

 

You must ensure that third parties have been notified of said use, said treatment of the transfer, and they consented, as required all legislation applicable to data protection.

 

The Company collects personal data only in accordance with the terms of these Terms and any lawful and reasonable instruction you give us any time.

 

Each party will take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data or loss or destruction or accidental damage.

 

In accordance with Law No. 78-17 of 6 January 1978 on computers, files and liberties, the treatment of personal information collected on the Site have been declared to the National Commission Computing and Liberties under number 1843727v0.

 

10.1 USE AND HANDOVER OF PERSONAL DATA

 

To ensure the operation of the Site, we must proceed with the necessary processing of your personal data. Data processed are directly transmitted in the manner and for the following purposes:

 

-       Creating an account

-       Publishing and Sharing Content

-       Management of an advertising campaign

 

The giving of personal information collected for these purposes is mandatory for confirmation and validation of your user account. Otherwise, the services cannot be supplied.

 

The Company may also use this data to application processing of the user and to reinforce and personalise the communication including letters/e-mail information, and finally to customise the platform based on the preferences of the users.

 

The Company may also provide its partners with consolidated statistics on users, these statistics do however contain any personal data.

 

These data can be transmitted to our technical service providers with the only purpose of the performance of the Services, or our suppliers such as payment solution providers. You agree that we share information about you to ease your use of accessible platform at www.adintime.com

 

10.2  Adintime Newsletters

 

According to the choice of the User, he can be the recipient of the Adintime Newsletter.

 

10.3 ACCESS, MODIFYING, OPPOSITION AND CANCELLATION RIGHT

 

In all cases, you have a right to access, modify, oppose and delete personal data by writing to the following address: contact@adintime.com  stating full name, email and address.

 

According to the regulations, an application must be signed and accompanied by a photocopy of an identity card bearing your signature and the address to be achieved by the response. A response will then be sent within two months of receipt of the request.

 

The personal data given by the User will be destroyed within six months after account deletion. The Company reserve the right to retain certain data in order to justify, if necessary for the perfect performance of its contractual or legal obligations. The data stored shall be limited to what is strictly necessary.

 

10.4 USE OF COOKIES

 

Accordance with the deliberations of French National Commission for Data Protection and Liberties n ° 2013-378 of 5 December 2013, the Company informed, moreover, that cookies record certain information stored in the memory of his hard drive. This information is used to generate statistics of the audience of the Site and to provide services as services that they have already selected during their previous visits. An alert message in the form of a banner may ask each person visiting the site in advance if it is to accept cookies. These cookies do not contain confidential information about You.

 

Users and Professionals visiting the homepage or another website page directly from a search engine will be informed of the following?

 

  •       Clear targets cookies used;
  •       the opportunity to object to these cookies and change the settings by clicking on a link in the banner;
  •       and that the further navigation is an agreement to deposit cookies on this device. 
  •       To ensure the free, informed and unequivocal Users and Professionals visiting the Site, the banner will not disappear until it has not continued its navigation.
  •       Unless prior consent, filing and reading cookies will not be made:
  •       if the user visits the website (homepage or directly on another page of the site from a search engine, for example) and not continuing its navigation: a simple lack of action can not be Indeed treated as a manifestation of will;
  •       or clicks on the link in the banner allowing it to set cookies and, if appropriate, refuse the filing of cookies.

 

Article 13. FORCE MAJEURE

 

Any event outside the scope of control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and suspend as such obligations of the parties, such as but not limited to: strike or technical failure (electric, ERDF, telecommunications operators, ISPs or hosting, etc.), a power supply stop (such as electricity), failure of electronic communications network which depends on the Company and/or networks that would replace it.

 

The Company will not be liable or deemed to have breached its obligations under these Terms, for any failure related to a case of force majeure as defined by law and the French courts, provided that the notifies the other party first, and make it possible to minimize the damage and run as fast as his obligations after termination of force majeure on the other hand.

 

Unless otherwise provided in these Terms, the correspondence exchanged between the Users and the Company are provided by email through the Site.

 

In accordance with articles 1316 and following of the Civil Code and, where appropriate, Article L.110-3 of the Commercial Code, the parties state that the information delivered by email are valid between the parties as long as no written contradictory certified and signed, coming to question this computerised information is produced.

 

Items such as the time of receipt or issuance, and the quality of the data received authentic priority as contained in the Company's information systems, or as authenticated by computerised procedures Adintime except has documentary evidence to the contrary and by Users.

 

Article 14. INTEGRALITY

 

The provisions of these Terms constitute the entire agreement between the Users, Professional and Society. They supersede all other proposals or exchange of letters before and after the conclusion hereof, and any other provision contained in the documents exchanged between the parties relating to the subject of the Terms, except amendment duly signed by representatives of both parts.

 

Article 15. NO WAIVER

 

The fact that a party to these Terms did not require the application of any clause, either permanently or temporarily, shall under no circumstances be considered a waiver of the rights of that party arising of that clause.

 

Article 16. SECURITY

 

16.1 Generalisation

 

The User agrees to take all reasonable precautions to preserve the confidentiality of its Login to access the Site. In this respect, the User agrees to:

 

-       Not write anywhere and in any case his identifiers, even in encrypted form;

-       To protect its identifiers safe from prying eyes and ears;

-       Refrain from composing his Credentials to third parties;

 

It is also strongly recommended to the User to change at regular intervals, the password required for access to the Website, by accessing his account, "My Account" tab, "my password", then "edit".

 

When he changes his password, the user must ensure that the password does not consist of easily identifiable combinations such as his name, date of birth, or those of a loved one (spouse, child, etc.), a password used for other purposes (eg for personal email, etc.).

 

The User shall particularly be sure to choose a sufficiently long password made and whenever possible, a combination including both letters, numbers and uppercase and lowercase characters.

 

The Company may, at its discretion, impose an expiration date of the User's password beyond which he can not access the Site and Services without making a prior change their password.

 

The User also agrees not to store on his computer, smartphone and/or the digital pad, its identifiers or to send them via unsecured communication channels such as email, texts...

 

Under normal conditions, the Services are accessible through the Site. The User must connect to the website for a period of limited time and is committed to disconnecting as soon as he has finished using the Services. Disconnecting the Site is not automatic, once connected, the user remains connected to the site until the disconnection is done by clicking the disconnect indication of the Site.

 

16.2 MODIFICATION AND END OF SERVICES

 

Users can unsubscribe from Services at any time by sending a request to this effect to the Company, exclusively by electronic means. The company then sends the User electronically confirm unsubscribing User Services, its deregistration beginning on the date of confirmation by the Company.

 

The Company reserves the right to change or stop offering any of the Services at any time, in its unfettered discretion. The User is informed of these changes and/or stop by any useful means, within fifteen (15) days.

 

The end of the Services, for any reason whatsoever, causes the deletion of User's Account, which then no longer access to his account.

 

Article 17. INVALIDITY

 

If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation or following a definitive decision of a competent jurisdiction, the remaining provisions of these Terms remain in full force and effect.

 

If appropriate, the Company will immediately remove and replace the clause with a legally valid clause.

 

Article 18. TITLE

 

In the case of difficulty of interpretation between the title and the chapter of one of the articles and any clauses, the titles are considered non-written.

 

Article 19. LEGAL JURISDICTION - GOVERNING LAW

 

The present Terms are governed and interpreted in accordance with French Law, without taking into account of the principle of conflicting law.

 

In the event of a dispute regarding the interpretation and/or the execution of the present Terms and in relation to the present Terms, the parts can decide to pursue the dispute through a conventional mediation or any alternative mode of settlement for dispute. The User or Professional can contact the Paris Mediation and Arbitration Center, 39 Avenue Franklin Roosevelt, 75008 Paris, +33 1 44 95 11 40, email :cmap@cmap.fr

 

In the event of the procedure failing, the Paris Trade Court will have the competence to judge on the dispute.