We ask you to carefully read these terms of use before completing your registration and using the Program. These terms of use contain the terms and conditions that govern your use of the Program.
These Terms of Use are supported by reasonable and valuable consideration, including without limitation your use of the Program, the receipt and adequacy of which you have acknowledged. You agree to be bound by these Terms of Use for the entire duration of your use of the Program.
You agree to the following:
You will choose a unique username and a strong password. You are responsible for maintaining at all times the confidentiality of all information relating to your user account, including your unique log-in particulars, and for restricting unauthorized access to your electronic device. You are solely responsible for all activities and actions occurring in your account. You agree that the use of your password constitutes a security procedure for accessing the Program and your profile, and is a commercially reasonable method of providing security against unauthorized access to or use of your account.
You will immediately contact us if you have reasons to believe that your password has been intercepted or compromised, or that there might be an attempted breach or unauthorized use of your account, password or any identifier used by you in relation to the Program.
You acknowledge that we will not be liable for any actions initiated under your account, even if you did not authorize such actions. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with your obligations under these Terms of Use, or for any acts or omissions by you or anyone else using your account or log-in credentials.
The use of a third-party service to create your account and log into the Program is subject to the terms and conditions of such third-party service and we assume no responsibility or liability in connection with your use of such service.
You agree to comply with the following rules of conduct as well as any directions or guidelines as may be disclosed to you at any time in regard to your use of the Program (together, the Rules of Conduct):
In order to prevent irregular use of the Program, we reserve the right to ask you to substantiate your compliance with these Terms of Use and you agree to respond to any such requests in full with reasonable transparency and without delay. You acknowledge that any breach of the Rules of Conduct will result in your immediate suspension and withdrawal of your user privileges.
We will use commercially reasonable efforts to provide reliable and secure access to the Program, but we do not guarantee a secure and reliable access to the Program at all times, including in the event of heavy Internet traffic, automated maintenance and upgrades, forced and emergency shutdowns, denial of service, or exceptional and unusual circumstances beyond our reasonable control.
You acknowledge that your access to, and the availability of the Program will be performed through wireless communication operating by the transmission of radio and signal frequencies, and as such may be interfered with by external sources or obstacles inherent in buildings, vegetation or terrain, or acts of nature, and for which we do not guarantee a continued or error-free transmission, both in terms of quality and availability.
You understand and acknowledge the risks associated with transmission of data through the Internet and wireless infrastructures. We do not warrant or guarantee a fault-free and uninterrupted service, and you acknowledge that we will not be liable for any damages that you may incur, directly or indirectly, as a result of any downtime, delay, loss of data, loss of business, expenses or any other circumstances relating to the above.
You are solely responsible for protecting your computer equipment, technical environment, hardware, mobile devices, software equipment and any other materials and equipment against viruses, malware including but not limited to computer worms, ransomware, spyware, adware, trojan horses, keyloggers, rootkits and other malicious software and to ensure that your devices are free from any such viruses and malware. We will incur no liability, including without limitation, for direct and indirect damages, for viruses or any malware that may affect or impact on your systems or devices, or viruses or malware resulting from your access to, or use of the Program.
You acknowledge that your access to and the availability of the Program, sources and referrals linked to the Program and third-party services and content, are contingent upon the services and content made available in a full and timely manner by third party providers and their ability to maintain necessary licenses or permissions, network capacity, connectivity, network coverage, quality and availability.
The Program and associated microsites or pages may provide links to other Internet sites or resources (Third Party Links). Such Third Party Links are provided for convenience only. You acknowledge that we have no control over such Third Party Links and you agree that we are not responsible for the availability of such external sites and resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, services or other materials posted on, or available from, such Third Party Links and we are not responsible or liable, directly or indirectly, for any inconvenience, damage or loss that may result from your use of, or reliance on, any such Third Party Links. We may remove such Third Party Links at any time in our entire discretion without prior notice.
We are committed to respect and protect your privacy to the greatest extent possible. We believe personal data should only be used for a precise and predetermined purpose. We process your personal information that you provide to us when you complete your onboarding as a subscriber, in compliance with applicable data protection legislation.
Content. As between you and us, all content, data, graphics, images, audio, video, software, products, trademarks, service marks, trade names, components, information (collectively, the Content) accessible by means of the Program, and all Intellectual Property associated to the Program are proprietary to us and our exclusive property. The Content and Intellectual Property are protected by international intellectual property laws. Except as specifically provided for in these Terms of Use, you are prohibited from modifying, copying, reproducing, publishing, transmitting, distributing, posting, executing, interpreting, transferring, assigning, sharing, advertising, commercializing, leasing or selling any Content, in whole or in part, directly or indirectly, or from creating derivative works therefrom, without our specific prior written consent. The term Intellectual Property means any patents, registered designs, design rights, right to inventions, work product, any trade and business name, trademark, service mark, logo, trade dress or other name or mark that is owned or licensed and is protected or protectable under trade mark laws, regulations or conventions, including goodwill associated with same, trade secrets, copyright, moral rights, databases, rights in computer software, source code, object code, domain names, topography rights and utility models, records, documents, data or other intellectual property.
Brands and Trademarks. All brands, trademarks, logos, and product and service names are protected Trademarks, which are protected by international intellectual property laws. Third-Party Trademarks appearing on, or in connection with, the Program are trademarks of their owners. You are not permitted to use or incorporate any Trademarks or Third-Party Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. You are prohibited from removing, overprinting or defacing any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from the Program. The term Trademarks means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations we use in connection with products or services, and Third-Party Trademarks means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations third parties use in connection with their products or services. User License. As between you and us, we own and operate the Program, and all other applications and features that might be linked to the Program now or in the future. For the duration of your user account remaining active, we grant you a single user, personal, limited, non-exclusive, restricted, non-assignable, non-transferrable, non-sublicensable and revocable license to access and use the Program for your sole personal use and for the purposes as set out in these Terms of Use.
These Terms of Use will not be interpreted or deemed to transfer to you any right of ownership, license or otherwise, whether by estoppel, implication or otherwise, in or to the Program or any of the Programs, products, services, Content, data or information accessible through the Program. As between you and us, we are the sole and exclusive owner of all components of the Program and all features and applications linked to the Program and the use of the Program shall not pass to you any title to or other proprietary rights, such being expressly reserved to, and vested in us and our authorized licensors. Any improvements, developments, modifications, changes, supplements, augmentations or works that may be derived from, created or otherwise presented by you in connection with the Program and the features linked to the Program shall be our exclusive property and you irrevocably and forever assign to us all of your rights, title and interest which you may hold or claim in that regard.
User Content and Usage Data. Any and all information and related materials published, stored or uploaded by you to, or in connection with your use of the Program, as the case may be, now or in the future (User Content) shall remain your property or under your control. You hereby grant to us a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to copy, disclose, distribute, incorporate, modify, create derivative works and otherwise use the User Content for the purposes for which the User Content was uploaded and in accordance with these Terms of Use, subject to the rights of individuals and the protection of privacy and personal data. We will be in no manner responsible for your User Content.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use the User Content, or data relating to your use of the Program, for the purposes of providing this Program to you and to allow for its use, as well as for internal analysis, validation, verification, and quality assurance. We may collect, create, derive, use and publish aggregated anonymized data (Usage Data) relating to your and other users’ use of the Program, for the purposes of, amongst other uses, analytics, statistics, trendsetting, training, or developing or enhancing our products and services. We own all rights, title and interest, including copyright, in and to all such Usage Data.
You understand and agree that we are under no obligation to verify the accuracy or completeness of the information you provide and that we are not liable or responsible with respect to any errors or omissions made by you with respect to any information you provide or omit to provide.
We will apply a zero-tolerance approach in regard to any communications linked to the Program, including through media and social media, of any unlawful, infringing, disrespectful, controversial, libelous, defamatory, or otherwise inappropriate material, or any material that may result in a breach of confidentiality or serve to identify or impact the natural rights and safety of individuals.
You undertake to refrain from advertising, issuing opinions or commentaries regarding the Program, or any of its users and other parties, in any public forum and on any media, including social media.
While we make every reasonable effort to ensure the quality and accuracy of the Program and all linked features and services, the Program and all its components and contents are provided without any warranty, representation or condition whatsoever, express or implied.
WE DISCLAIM ANY WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, IN RESPECT OF THE PROGRAM AND ALL LINKED FEATURES, ITS COMPONENTS AND CONTENTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES, REPRESENTATIONS, CONDITIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PROGRAM OR ANY INFORMATION OR OTHER CONTENT AVAILABLE ON, OR IN CONNECTION WITH, THE PROGRAM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE PROVIDE THE PROGRAM, INFORMATION AND OTHER CONTENT THEREON ON AN "AS IS", “WHERE IS” AND “AS AVAILABLE” BASIS, IN RELIANCE ON INFORMATION AND DATA SUBMITTED SOURCED THROUGH THIRD PARTIES, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, PROTECTION FROM CYBER RISKS, NON-INFRINGEMENT OR TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THIS PROGRAM, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU USE THE PROGRAM AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT, NOR WARRANT, THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, AND YOU ASSUME THE RESPONSIBILITY FOR EVALUATING YOUR NEEDS, SELECTING AND USING THE PROGRAM WITH A VIEW TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACKNOWLEDGE THAT YOU HAVE CONDUCTED AND WILL CONDUCT ALL INDEPENDENT INQUIRIES IN THAT REGARD TO YOUR ENTIRE SATISFACTION AND THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE FULL COMPLIANCE WITH REGULATORY AND INDUSTRY BEST PRACTICES.
No advice or information, whether oral or written, regarding the Program will create any warranty not expressly stated in these Terms of Use.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PROGRAM. IN NO EVENT SHALL WE, OUR PROVIDERS OR PARTNERS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF BUSINESS OR OPPORTUNITY, REPUTATIONAL LOSS, LOSS OF DATA, CORRUPTION OR COMPROMISED ELECTRONICALLY TRANSMITTED DATA, OR OTHER ECONOMIC ADVANTAGE RESULTING OR ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE PROGRAM OR ANY OTHER FEATURE, COMPONENT OR MATERIAL RELATING TO THE PROGRAM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PROGRAM, THE UNAUTHORIZED ACCESS OR ALTERATION OF YOUR INFORMATION, THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATING TO THE PROGRAM OR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE PROGRAM, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, REGARDLESS OF WHETHER WE, OUR PROVIDERS, PARTNERS OR ANY THIRD-PARTY WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PROGRAM OR ANY INFORMATION PROVIDED BY YOU OR ANY OTHER THIRD PARTY PROVIDING RELEVANT INFORMATION WITH RESPECT TO THE PROGRAM. WE WILL NOT BE LIABLE FOR ANY VIRUS OR OTHER DAMAGE TO YOUR ELECTRONIC DEVICE RESULTING FROM YOUR ACCESS OR USE OF THE PROGRAM OR DOWNLOAD OF ANY CONTENT FROM THE PROGRAM. WE BEAR NO RESPONSIBILITY FOR EXPOSED DATA IN CASE OF THEFT, LOSS, CORRUPTION OR COMPROMISE OF YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR CHANNELS OF COMMUNICATIONS USED TO ACCESS THE PROGRAM. ANY MATERIAL DOWNLOADED BY YOU OR OTHERWISE OBTAINED THROUGH THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, EQUIPMENT OR SOFTWARE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR THE PROGRAM NOT BEING COMPATIBLE WITH, OR FUNCTIONING PROPERLY OR WITH LIMITED ABILITY ON, YOUR ELECTRONIC DEVICE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE PROGRAM, AND YOU AGREE THAT YOU WILL NOT MAKE A CLAIM AGAINST US FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST OPPORTUNITIES, LOST BUSINESS OR GOODWILL, REPUTATIONAL RISK, OPPORTUNITY COST AND ANY OTHER LOSS, EXPENSES OR DAMAGES RESULTING FROM YOUR USE OF THE PROGRAM OR OF ANY CONTENT OR INFORMATION ACCESSIBLE THROUGH, OR IN CONNECTION WITH, THE PROGRAM.
You agree and undertake to indemnify and hold us harmless, our affiliates, representatives, agents, licensors, successors and assigns, and their respective directors, officers, employees and representatives, from and against any action, claim, proceedings loss, damages, liabilities, fines, penalties, orders and judgments, reasonable legal fees on a solicitor-client basis, expenses, costs, injuries and any other liability that we or they may incur in relation to your wrongful or negligent use of the Program, the User Content provided by you, your breach of the Rules of Conduct, your breach of these Terms of Use or of the conditions of use of the Program, the activity related to your account carried out by you or any other person with access to the Program by using log-in credentials associated with your account, and all circumstances stemming from your use of the Program.
You may, at any time and at your entire discretion, request deactivate your account. For clarification, you will remain responsible for any and all activities in or through your account, although you may have ceased to use actively your account or have left your account dormant, and this until such time as your account has been deactivated permanently.
We reserve the right, in our entire discretion, to suspend, interrupt, limit, remove or cancel your access to the Program, without prior notice, in the event of a breach or suspected breach of these Terms of Use. We reserve the right, without being under an obligation to do so, to suspend or deactivate your account in event of suspected irregularities or detected threats to the system. We may suspend and terminate your account and deny your access to the Program, with immediate effect, in the event of your breach of, or your being suspected of breaching economic sanctions laws and regulations.
We reserve the right to discontinue the Program at any time at our entire discretion. We will of course inform you in due course before doing so.
You acknowledge that you will receive no compensation in the event of a withdrawal or discontinuance of the Program, or the deactivation, suspension, interruption or cancellation of your account and/or access to the Program, in whole or in part.
The features of the Program and the contents of these Terms of Use may be amended or supplemented by us, and we reserve the right to and to make modifications to the Program or any of its features (including removing features permanently), at any time and at our entire discretion, by posting a notice to that such effect on the landing page of the Program or any other reasonable means of communication. You will be responsible for remaining current and knowledgeable of any changes. You shall be deemed to have consented to all changes and amendments made to the Program and these Terms of Use by your continued use of the Program. You agree that each time you access and use the Program, your usage will be subject to the Terms of Use as they are then expressed, and your continued use of the Program will serve as your confirmation that you have read, understood and agreed to be bound by same.
The failure to require the strict performance of any provision of these Terms of Use or any failure to assert any rights we may have under these Terms of Use shall not be interpreted as a waiver of our right or recourse. The conduct of business practices or of the business relations between you and us shall not be deemed to modify these Terms of Use. All recourses are cumulative.
The section titles in these Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
Should any provision of these Terms of Use be found invalid or unenforceable, such provision shall be amended or stricken only to the extent required to comply with the applicable legislation and the validity of the remaining provisions of these Terms of Use shall not be affected.
The provisions in these Terms of Use regarding intellectual property rights, protection of personal data and privacy, disclaimers of warranty, limitation of liability, indemnification and recourses shall survive the expiration of termination of your account and use of the Program.
These Terms of Use constitute the entire agreement between you and us governing your access to and use of the Program and supersedes any discussions, representations or undertakings respecting your account and use of the Program.
You agree that these Terms of Use and all matters as between you and us will be governed by and construed in accordance with the laws of France, without reference to choice of law principles. Except as provided below, you irrevocably agree to submit to the exclusive jurisdiction and venue of the courts sitting in Lyon, France.