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Version en-1.0 date 01/05/2020
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The purpose of these general conditions is to define the terms and conditions of use of the services offered on the site (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.
They are notably accessible and printable at any time.
They may be supplemented, if necessary, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.
The Services are operated by the company Zappik sas (hereinafter: "The company").
The company can be contacted using the form at the bottom of the page
The Services are accessible, subject to the restrictions provided on the site:
- to any natural person with full legal capacity to commit under these general conditions. The natural person who does not have full legal capacity can access the Site and the Services only with the agreement of his legal representative;
- to any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
The acceptance of these general conditions is materialized by a check box in the registration form. This acceptance can only be full. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these general conditions must not use the Services.
The use of the Services requires that the User browses the site using software provided for this purpose, which he uses under his sole responsibility
The User has access to the Services described on the site, in a form and according to the functionalities and technical means that The company deems most appropriate.
The User expressly acknowledges and accepts:
1) that the data collected on the site and on the IT equipment of the company is proof of the reality of the operations carried out within the framework of the present;
2) that this data constitutes the only method of proof accepted between the parties, in particular for the calculation of the sums due to The company.
The User can access this data in his Personal Space.
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:
1. The User undertakes, in his use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. He is in particular solely responsible for the proper completion of all formalities, in particular administrative, fiscal and / or social and all payments of contributions, taxes or taxes of all kinds which are incumbent upon him, if any, in connection with his use of the Services. The responsibility of the company can in no case be engaged in this respect.
2. The User acknowledges having read the characteristics and constraints, including technical, of all of the Services on the site. He is solely responsible for his use of the Services.
3. The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
4. The User is also solely responsible for the relationships that he may establish with other Users and for the information that he communicates to them within the framework of the Services. It is incumbent upon him to exercise appropriate prudence and discernment in these relationships and communications. The User also agrees, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
5. The User undertakes to make strictly personal use of the Services. He therefore refrains from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party, in any way whatsoever.
The User guarantees The company against any complaints, claims, actions and / or any claims that The company may suffer as a result of the violation by the User of any of its obligations or guarantees hereunder general conditions.
He undertakes to indemnify the company for any damage it would suffer and to pay it all the costs, charges and / or sentences that it may have to bear as a result.
It is strictly prohibited to use the Services for the following purposes:
1. the exercise of illegal, fraudulent activities or activities which infringe the rights or security of third parties,
2. breach of public order or violation of applicable laws and regulations,
3. intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of the computer system of a third party, violate its integrity or security,
4. sending unsolicited emails and / or prospecting or commercial solicitation,
5. manipulations intended to improve the referencing of a third party site,
6. assistance or incitement, in any form and in any way, to one or more of the acts and activities described above,
7. and more generally any practice diverting the Services for purposes other than those for which they were designed.
8. It is strictly forbidden for Users to copy and / or divert for their purposes or those of third parties the concept, technologies or any other element of the site of The company.
9. The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Company systems, (iii) any diversion of system resources of the site, (iv) all actions likely to impose a disproportionate burden on the latter's infrastructures, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and interests financial, commercial or moral of the company or the users of its site, and finally more generally (vii) any breach of these general conditions.
10. It is strictly prohibited to monetize, sell or grant all or part of the access to the Services or the site, as well as to the information which is hosted and / or shared there.
In the event of a breach of any of the provisions of these general conditions or more generally, of violation of the laws and regulations in force by a User, The company reserves the right to take any appropriate measure and in particular to:
1. suspend, terminate access to the User Services, author of the breach or offense, or having participated in it,
2. delete all content posted on the site,
3. publish on the site any information message that the company deems useful,
4. notify any relevant authority,
5. take legal action.
1. The company undertakes to provide the Services diligently and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which Users recognize and accept expressly.
2. The company is not aware of the Content posted by Users as part of the Services, on which it does not make any moderation, selection, verification or control of any kind and in which it only intervenes 'as a hosting provider.
Consequently, the company cannot be held responsible for the Content, the authors of which are third parties, any possible claim must be directed in the first place to the author of the Content in question.
Content prejudicial to a third party may be notified to The company in the manner provided for in article 6 I 5 of law n ° 2004-575 of June 21, 2004 for confidence in digital economy, The company reserves the right to take the measures described in article 12.
3. The company declines any responsibility in case of possible loss of the information accessible in the Personal Space of the User, the latter having to save a copy and not being able to claim any compensation in this respect.
4. The company undertakes to carry out regular checks in order to verify the functioning and accessibility of the site. As such, the company reserves the right to temporarily interrupt access to the site for maintenance reasons. Likewise, the company cannot be held responsible for temporary difficulties or impossibilities of access to the site which would originate from circumstances which are external to it, force majeure, or which would be due to disturbances in telecommunications networks.
5. The company does not guarantee to Users (i) that the Services, subject to constant research in order to improve in particular performance and progress, will be completely free from errors, vices or defects, (ii) that the Services, being standard and in no way offered to the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
6. In any event, the liability likely to be incurred by The company hereunder is expressly limited to only proven direct damage suffered by the User.
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by The company within the site are protected by all intellectual property rights or rights of producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of the company are strictly prohibited and may be subject to legal action.
The company practices a policy of protection of personal data.
The company can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User would access via the site. < / p>
The company accepts no responsibility for the content, advertising, products and / or services available on such third-party websites and mobile applications, which are reminded that they are governed by their own conditions of use.
The company is also not responsible for transactions between the User and any advertiser, professional or trader (including any partners) to which the User is directed through the site and cannot in no case be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are bound.
The company reserves the right to modify these general conditions at any time.
The User will be informed of these modifications by any useful means.
The User who does not accept the modified general conditions must unsubscribe from the Services in the manner provided for in article 18.
Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, unless there are imperative rules of procedure to the contrary.
These general conditions are in force on the date of 01/05/2020 .