Terms and conditions of Bedouk Editions Web Sites usage and access25/01/2010
Bedouk Editions publishes the following information and professional services Web Sites : www.bedouk.fr www.bedouk.com www.salon.bedouk.com www.salon.bedouk.fr
Bedouk Editions is a French commercial company in the form of a "Société par actions simplifiée" with a capital of € 700,000 and head office located - Immeuble Parc II,10, place du Général de Gaulle, La Croix de Berny, 92768 Antony cedex - registered with the Trade and Companies Register of Paris under No. 326 068 822.
The Director of Web Site Publications is Mr. Christophe Czajka in his capacity of Chairman of Bedouk Editions
1- PURPOSE AND ACCEPTANCE OF THE GENERAL AND SPECIAL CONDITIONS OF BEDOUK EDITIONS WEB SITES AND THEIR SERVICES
Access to Bedouk Editions Web Sites is subject to the acceptance by the user of these general conditions of access and use (hereinafter referred to as the General Conditions). Therefore, they constitute an agreement between Bedouk Editions and the User, the terms and conditions of which may be modified by Bedouk Editions. The User is thus encouraged to regularly consult the latest updated version thereof, accessible at all times on the home pages of the above-mentioned Web Sites.
These General Conditions are designed for the purpose of defining the terms and conditions applicable to access and use of the services directly and indirectly offered by Bedouk Editions Web Sites and in particular, the rights and obligations of the Parties.
Some of the services offered via Bedouk Editions Web Sites are also governed by Special Conditions, determined based on the various offers. Access to and use of a given service are deemed to involve prior consultation and acceptance of these Special Conditions which, where applicable, constitute an integral part of this Agreement.
Unless otherwise specified, any upgrading of existing services or any new services shall be subject to these General Conditions Users who do not wish to accept these General Conditions or any of the Special Conditions applicable to the services offered are asked to refrain from any use of Bedouk Editions Web Sites.
These General Conditions and Special Conditions are the only to apply. Any tolerance regarding compliance may not be construed to be a waiver of any of the rights or obligations inherent in this Agreement.
2- CONDITIONS OF ACCESS TO SERVICES
Services are accessible via Internet, including inter alia, through the URLs referred to above. Bedouk Editions reserves the right to momentarily suspend access to Services or some of the Services without warning for maintenance purposes and without lack of availability of Services giving rise to any compensation whatsoever.
In addition, considering the very nature of Internet, the User hereby acknowledges and accepts that Bedouk Editions cannot be held liable for any interruption or alteration of access to its services that may be caused by the network itself, resources used by the User to connect or any other cause not attributable to Bedouk Editions.
It is hereby specified that all hardware and software required to use the Services are at the sole expense of the User.
Bedouk Editions Web Sites are free access and free of charge.
The use of some services requires users to identify themselves. Visitors register on the Web Site and select their identification data: user name and password.
The user must give real information about his identity, company and position in the company.
The subscription on the website implies the subscription to the newsletter. Although the user can decide not to receive it anymore by clicking on an hypertext link mentionned on the first newsletter he wil receive.
Users are solely liable for any use made of these codes and are solely responsible for keeping them confidential, as well as for all use of their accounts. Users agree to immediately inform Bedouk Editions of any unauthorised use of their accounts and any breach of confidentiality or security of Users' identification resources.
Bedouk Editions may in no event be held liable for any loss or damage resulting from failure to comply with the obligations set forth in this Article.
2.2 Registration Data
Users agree to supply true, correct, updated and full information on their identity, position, the identity of their company, together with all other information requested in the form.
In the event, users supply false, incorrect, outdated or incomplete registration data, Bedouk Editions shall have the right to suspend or shut down their accounts without notice and refuse them access to all or part of the Services immediately and for the future.
2.3 Personal Data
In compliance with the French Law on Information Technologies and Liberties dated 6 January 1978, customers have a right to access, correct and withdraw all personal data they have provided to Bedouk Editions. Customers may exercise their rights by sending an e-mail to the following address: email@example.com. In compliance with this Law, a declaration for the collection and the storage of personal data performed by Bedouk Editions has been filed with the French CNIL (Commission Nationale Informatique et Libertés).
Pursuant to the French Law on Trust in the Digital Economy dated 21 June 2004, personal data of Bedouk Editions' customers may be used by Bedouk Editions for marketing purposes relating to similar products or services as those previously provided either free-of-charge or for a fee. These data may also be provided to third parties for marketing purposes in connection with customers' business activities.
Customers have the right at all times to oppose such use of data concerning them by sending an e-mail to the following address: firstname.lastname@example.org or by following the procedure indicated in every marketing-based e-mail that Bedouk Editions sends them.
3- USE OF SERVICES
3.1 Users' Obligations
Users agree to comply with the legal and regulatory provisions in force. In particular, they agree not to use Bedouk Editions Web Sites and Services to create, write or commit, transmit or communicate any message, information or content of any type whatsoever that is illegal, including inter alia, contemptuous, insulting, defamatory, abusive, violent, obscene or pornographic or inciting discrimination or hatred based on race, religion, gender or other, or inciting crimes and offences or vindicating crimes or of a nature that could alter the operation of computer systems in any way whatsoever.
Likewise, users agree to respect the rights of third parties, in particular the right of all individuals to privacy, and all intellectual property rights (copyright, rights related to copyright, rights to databases, rights to trademarks, rights to patents, designs and models, manufacturing secrets, etc.). In particular, Users agree not to disclose confidential or secret information of any type whatsoever that they may have access to via Bedouk Editions Web Sites or Services.
In addition, Users agree not to engage in any unauthorised assumption of any capacity, attribute or identification that could be misleading or create any confusion whatsoever as to their identity, the origin of messages or other contents they circulate or transmit and not to divert data or information they may have knowledge of or use such data or information to divert clientele or all or part of Services offered.
Users agree to comply with and have complied with all secured access and more generally, not to interfere with or disturb access and operation of the Services offered by Bedouk Editions and related technical resources.
Finally, Users agree not to transmit via Bedouk Editions Web Site Services unsolicited messages of an advertising or promotional nature, chain letters or other and to apply for the express and prior authorisation of Bedouk Editions to set up any link to or with the Services offered by Bedouk Editions.
3.2 Liability of Users
Users are solely liable for the use they make of the Services available through Bedouk Editions Web Sites and more generally, any use made via their accounts.
In particular, Users are solely liable for the use they make of information, messages or data of any type available via Bedouk Editions Web Site Services and are solely liable for decisions or action taken by them based thereon to the exclusion of any other liability of any other person.
Users have sole capacity to judge how exhaustive or useful contents consulted are for them. Consequently, Users agree to use Bedouk Editions Web Site Services with discernment and to bear all risks related thereto.
Users shall be held liable towards Bedouk Editions and third parties for any direct or consequential damages of any type whatsoever caused by contents or any other piece of information communicated, transmitted or circulated by Users on Bedouk Editions Web Sites or via the Services offered thereon, as well as any breach whatsoever of this Agreement.
Consequently, Users agree to indemnify and hold harmless Bedouk Editions, as well as its affiliated companies and partners, in the event of any legal action or court sentence on this account.
Users accept to comply with any measures implemented by Bedouk Editions pursuant to the laws in force.
4- LIMITATION OF LIABILITY
Bedouk Editions is under the obligation to make its best efforts to perform this Agreement ("obligation de moyen") and not to achieve certain results, as understood under French law.
4.1 Content transmitted
Bedouk Editions shall make its best efforts to ensure the quality of the information it transmits.
However, liability for messages, information and more generally, all content available via Bedouk Editions Web Site Services shall be borne solely by the author thereof or the person having issued them. Consequently, Bedouk Editions cannot be held liable for messages, information or content that it did not produce directly and in particular, for their truthfulness, relevance and generally speaking, for any error or omission they may contain. Consequently, Bedouk Editions cannot be held liable for any damages whatsoever that may result therefrom.
To the extent possible, authors or producers of content shall be identified on the Web Site as regards content relevant to them.
4.2 Relations with advertisers and partners
All correspondence, exchanges or relations of any type whatsoever and in particular, of a promotional or commercial nature established between Users and advertisers or partners of Bedouk Editions shall bind only the Users and the advertiser or partner concerned. In particular, any agreement between Users and partners or advertisers shall be binding solely on them.
Consequently, all resulting terms, conditions, warranties, statements, payments or deliveries whatsoever shall bind solely the Users and the partners or advertisers and Bedouk Editions shall in no way be held liable therefor. Bedouk Editions may not be held liable for any loss or damages whatsoever resulting from offers made by advertisers or partners or agreements and services related to such offers.
4.3 Bedouk Editions Web Site Services
Bedouk Editions agrees to make its best efforts to offer reliable services. Services shall be provided "as is" to Users who shall use them at their own risk. Services shall be accessible based on their availability
Bedouk Editions does not guarantee that any of these Services, without limitation, shall perfectly meet Users' expectations, will not be interrupted or will be relevant, exhaustive or free of error.
Likewise, Bedouk Editions does not guarantee that any product, service, data or information obtained by Users via the Services shall meet the expectations of users.
Bedouk Editions may in no way be held liable for any breakdown, interruption of commercial offers, loss of clientele or profits, or loss of data and more generally, for any damages suffered, including inter alia, to Users' computers following use or impossibility to use the Services, acquisition, receipt or downloading of information when Services are used or unauthorised access to Services by another User or third party or modification of information or data bases regarding Users or any other terms and conditions applicable to the use of Services.
More generally, Users accept that to the extent permitted by the laws in force, Bedouk Editions cannot be held liable for any damages whatsoever, either direct or consequential, tangible or intangible and in particular, for any loss of profit or data following the use of the Services offered via the Web Sites or a visit to Bedouk Editions Web Sites.
Bedouk Editions Web Sites and its partners' or third party Web Sites may offer hyperlinks to other Web Sites or other resources available on Internet. Insofar as Bedouk Editions does not control these sources, it may not be held liable for any damages of any type whatsoever resulting from the content of these Web Sites or external sources and in particular, from the information, products or services they offer or any use that may be made thereof.
5- INTELLECTUAL PROPERTY
Users agree to respect all intellectual property rights held by Bedouk Editions or any third party, including inter alia, rights to trademarks, rights to patents, copyright and rights related to copyright, as well as rights of database producers.
The use users may make of components of the Services protected by intellectual property rights, either software or other components, is naturally on a non-exclusive basis and strictly limited to their personal use and the duration of this Agreement. Users have no right to transfer to any party whatsoever the right to use the Services and components protected that they contain and are not authorised to perform any decompilation of software components. Users are not authorised to use all or part of any of these protected components to create or exploit derivative works based on these components.
It is hereby specified that the use granted to Users under this Agreement shall not imply, nor include any transfer to their benefit of any type whatsoever of any intellectual property rights whatsoever to the components used, including the Web Site itself and its content. All of these rights shall remain the exclusive property of Bedouk Editions unless covered under a separate, special agreement.
Any full or partial exhibition of this Web Site and its content using any process whatsoever without the prior, express authorisation of Bedouk Editions is prohibited and shall constitute infringement punishable under Articles 335-2 et seq. of the French Intellectual Property Code.
Bedouk Editions trademarks displayed on the Web Site are registered trademarks. Any full or partial copying of these trademarks without the express authorisation of Bedouk Editions is therefore prohibited.
Users shall have no right to transfer all or part of their rights and obligations under this Agreement to a third party without having obtained the express, prior consent of Bedouk Editions.
7 - NOTICES
All notices given pursuant to this Agreement may be sent via e-mail. However, Bedouk Editions reserves the right to also send notice via telefax or by regular mail based on the identification information given by users at the time of registration.
8- DURATION AND TERMINATION
This Agreement has been entered into for an unspecified duration as of the date validation is given by the User or for the duration provided for in the Special Conditions.
Any failure by the user to comply with any of the provisions contained in this Agreement shall lead to the immediate termination of this Agreement and likewise, the prohibition to use Bedouk Editions Web Site Services by way of simple notice provided by Bedouk Editions to the user.
9- GOVERNING LAW AND JURISDICTION
These General Conditions are governed by French law.
Any disputes that may arise and that cannot be settled on an amicable basis shall be heard by the Commercial Court of Paris (Tribunal de Commerce de Paris).
This last clause shall not apply in the event the user has the capacity of a consumer.
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