The purpose of the present General Conditions of Use (hereinafter the "GCU") is to determine the conditions of access and rules of use under which the Site offers access to several online services accessible via the following link: masteris.com.
Access to the Site is subject to compliance with the present GCU. Access to the Site is strictly reserved to the User as defined in the present GCU.
The Publisher reserves the right to unilaterally modify or update at any time the present GCU according to the changes or additions made, in particular in order to comply with any legal, jurisprudential, editorial and/or technical evolutions as well as any possible modifications to the general conditions of use of the Host's services.
The User must regularly consult the latest version of the GCU that is permanently available on the Site.
Within these TOU, words or expressions beginning with a capital letter will have the following meaning:
Cookie(s): refers to computer files, stored on the hard disk of the User's microcomputer.
Publisher: designates MASTERIS, Société par Actions Simplifiée à Associé Unique, with a capital of 200,000 Euros, whose registered office is 4, rue André Campra - 93200 SAINT-DENIS, registered in the BOBIGNY Trade and Companies Register, under number 501 537 831, and under SIRET number 501 537 831 00031, Tel 0185587983
Hosting: designates WEBFLOW Inc.398 11th Street, 2nd Floor, San Francisco, CA 94103, firstname.lastname@example.org
Information(s): refers to all Information and publications accessible on the Site.
Site: designates all the services offered by the Ed
User(s): designates any person having access to the Site, regardless of the location where he or she is located and the terms of connection.
The purpose of the Site is to provide Users with a presentation of MASTERIS' activities.
Any use of the Site will be made in compliance with the present GCU.
Access to the Site is possible from a computer, a tablet or a smartphone connected to a telecommunication network according to the communication protocols used on the Internet network.
The Editor grants the User the right to consult, use and access the Information on the Site.
Access to the Site is free and is not subject to subscription. All software and hardware necessary for the use or operation of the Site, Internet access or communication costs are the exclusive responsibility of the User outside his place of work.
Each User is entirely responsible for his or her connection data. In the absence of proof to the contrary, any connection to the Site, or transmission of data based on the User's connection information, shall be deemed to have been made by the User.
The User's access to the Site is for an unlimited period, without prejudice to the right of the User or the Editor to terminate unilaterally, at any time, without notice or reason or compensation.
The User acknowledges that, in the event of violation of the legal provisions and/or these Terms and Conditions of Use, the Editor may block and/or terminate access to the Site, without prior notice, with immediate effect.
In particular, the User agrees not to, without this list being restrictive:
- to use the Site for commercial purposes and, in general, to offer products and services remunerating him/her directly or indirectly;
- to "resell" or make the content of the Site available to a third party and/or other Users, in return for payment and/or free of charge;
- to use the Site in order to send, in any form whatsoever, unsolicited advertising or promotional material;
- to direct Internet users indirectly or directly, in particular by means of hypertext links, to other Internet sites that may not comply with the applicable legislation or the provisions of these GCU.
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of the Publisher.
The Publisher reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Site, in particular for maintenance operations and updates necessary for the proper functioning of the Site and related materials, or for any other reason, particularly technical.
The Publisher is under no obligation of result regarding the availability of the Site. The Publisher is in no way responsible for interruptions and the consequences that may result for the User, particularly when the interruptions come from those of the Host for maintenance or other needs.
The User is informed that the Publisher may terminate or modify the characteristics of the Site, at any time, without notice and without the User having any recourse against the Publisher.
Users are expressly informed that the content published on the Site is hosted and stored on the server of the company WEBFLOW.
In general, the User shall refrain from infringing the intellectual property rights (copyright, neighbouring rights, sui generis right of the database producer, trademark rights, domain names...) of the Publisher and/or the Hosting Company, and/or any third party.
The Publisher is the holder of all intellectual property rights on both the structure and the content of the Site (texts, logos, images, sound elements, software, icons, layout, database...) or has regularly acquired the rights allowing the exploitation of the structure and content of the Site, without any limitation.
Thus, it is forbidden for the User, in particular, to copy, reproduce, represent, modify and/or exploit, transfer in any way whatsoever and for any purpose whatsoever, all or part of the structure and content of the Site, except with the express, prior and written authorisation of the Publisher.
Any downloading is strictly forbidden, except with the express authorisation of the Publisher. Any abusive downloading that may be observed may result in the Publisher and/or any third party concerned taking appropriate sanctions.
The trademarks and logos reproduced on the Site are registered with the competent Offices by the companies that own them. Any reproduction of the names or logos, by any means whatsoever, without the prior authorisation of the holder concerned is prohibited.
Failure to comply with these prohibitions may in particular constitute an act of counterfeiting and/or unfair and parasitic competition engaging the User's civil and/or criminal liability.
Hypertext links contained on the Site may refer to other intranet/internet sites by any means.
The user is informed that the personal data processed within the framework of the Site, coming from the contact forms are subject to computerized processing under the responsibility of the Marketing & Communication Manager who can be contacted at the email address email@example.com. The purpose of the processing of this data relating to civil status, identity, professional life and identification data is to enable Users to receive information relating to the activity of MASTERIS and will be communicated to the relevant Masteris department. This data is collected with the consent of the Users. Masteris will keep the data for the duration necessary for the pursuit of the purposes of processing and/or compliance with legal and regulatory obligations. This information will not be used for commercial purposes and will only be communicated to the competent authorities who would request it. In any event, this data shall remain strictly confidential. In accordance with the provisions of Law No. 78-17 of 6 January 1978 as amended, known as the Data Protection Act and the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, each person concerned by the processing of personal data has the right to request access to the data from the data controller, the rectification or erasure of such data, or a restriction on the processing, as well as the right to object to the processing and the right of portability, the right to lodge a complaint with a supervisory authority, the right to define the conditions of use, storage and communication of one's personal data in the event of death. In this respect, any person who can prove his or her identity may exercise his or her rights by sending a request to the following e-mail address: firstname.lastname@example.orgSi If exchanges with Masteris have not been satisfactory, the person exercising his or her rights has the possibility of lodging a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory authority responsible for ensuring compliance with obligations in terms of personal data in France.
The User undertakes, when using the Site, not to contravene the legislative and regulatory provisions in force, the good use of the Intranet and netiquette, and these GCU.
The User is informed that any violation of the provisions of the GCU is likely to lead to legal proceedings and sanctions against him/her.
Under the same conditions, the User also undertakes to respect the internal rules and practices relating to the use of the Publisher's information systems and networks.
The User undertakes to act diligently to respond to any claim.
The User is liable to the Publisher and/or third parties for any material and/or immaterial, direct and/or indirect damage of any nature whatsoever caused by the User, and/or its employees in the event of use that does not comply with these Terms and Conditions of Use.
The User indemnifies the Publisher, as well as its parent, sister or affiliated companies, its representatives, employees, partners and the Host, against any request, claim, demand and/or recourse of any kind, resulting from any violation of the said provisions.
The User shall indemnify them, at any time and upon first request, against any damage and/or against any request, action, complaint from third parties resulting from any violation of the said provisions.
This guarantee covers both the damages and interests that may be paid, whatever their direct or indirect origin, and the legal fees, expert's fees, court costs...
The Publisher undertakes to make its best efforts to implement technical and organizational measures to protect the Information circulating on the Site.
The User declares, nevertheless, that he or she is fully aware that the data is not protected against any form of intrusion, including by means of hacking.
The User acknowledges that it is impossible to guarantee the total security of the data transmitted. Consequently, the Publisher cannot be held responsible for any incidents that may arise from this transmission.
It is up to the User to implement all useful means to preserve the confidentiality of the data transmitted.
Each User of the Site expressly undertakes to do so:
- not to use any software or process intended to copy the Information on the Site without the express and prior authorisation of the Publisher;
- to expressly renounce the use of software or devices likely to disturb the proper functioning of the Site, nor to take any action likely to impose a disproportionate burden on the Publisher's infrastructure;
- not to alter or modify or even create derivative works from the Information on the Site without the express and prior consent of the Publisher;
- not to make short quotations, analyses and reproductions intended for press reviews or other uses expressly authorised by the law except within the limits and conditions set by the latter and subject in particular to quoting the names of the authors and the source;
- not to extract or re-use, including for private purposes, without the prior written authorisation of the Publisher, a substantial or non-substantial part of the content of the databases and archives constituted by the Site;
- not to collect information on third parties, including e-mail addresses, in order to use them for sending commercial or equivalent solicitations, or to integrate them within a referencing service or equivalent, free or paying, or to carry out a competitive watch.
- to set up systems likely or of a nature to hack the Site in whole or in part, or of a nature to violate the present GCU;
- to inform the Publisher as soon as it becomes aware of any infringement whatsoever (in particular to the intellectual property rights of the Publisher) in particular of any illicit or non-contractual use of the Information on the Site and this, whatever the method of distribution used.
For any question relating to the operation of the Site and the TOS by email at the following address "email@example.com ".
The nullity in whole or in part of one or more provisions of these GCU, under the terms of a legal or regulatory provision or a court decision that has become final, shall not entail the nullity of the other provisions or the part of the provision not vitiated by nullity.
The present GCU are subject to French law.
In the event of disputes relating to the interpretation, validity or execution of the present GCU, the User and the Publisher agree to make their best efforts to settle the dispute amicably.
In the event that an amicable agreement is not reached, any possible dispute relating to the interpretation or execution of the present GCU will be subject to the jurisdiction of the Paris courts.
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