| 1. Nature of the service 2 .Infrigement of rights of intellectual and industrial property 3. Other infrigements of rights of third parties 4. Infringement of the public order, the public security and the morals 5. Links 6. Responsibility of the customer 7. Limited responsibility of 1ER EURO RESEAU 8. Absence of declaration or guarantee and absence of damages 9. Cancellation 10. Modifications 11. Regulation of the conflicts 12. Complaints 13. Dispute |
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The company 1ER EURO RESEAU proposes to
its CUSTOMERS a service of posting advertising banners with links towards
pages containing the information of the customer.
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| The CUSTOMER may define himself the banner and
his pages of information (by respecting the rules defined by 1ER EURO RESEAU)
or can ask 1ER EURO RESEAU the realization upon order. |
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By using these services, the CUSTOMER recognizes
automatically the conditions such as stipulated below. If the CUSTOMER
does not accept the conditions stipulated below, he can not be authorized
to use the services. No other arrangement, notably general conditions
of purchase, emanating from the CUSTOMER would prevail over the present
Conditions
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2. Infrigement of rights of intellectual and industrial property |
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The CUSTOMER is only responsible for possible infrigements of rights of intellectual and industrial property of the third parties which could ensue from the posting of the advertising banners through the services of 1ER EURO RESEAU, and more particularly infringements on any pre-existent distinguishing feature: brand, trademark, registered company name, banner, etc. as well as in any copyright or distribution of information that he would have no right to diffuse by a legislative measure or a legal act. It is up as a consequence to the CUSTOMER to make any research for anteriority of distinguishing features, and more generally to make sure that its advertising banner as well as its pages of information do not strike a blow at these rights of intellectual and industrial property. |
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| The CUSTOMER is only responsible for possible infringements on the other rights of the third parties and in particular for infringements on the name and on the attributes of personality either violating any patent, registered trademark, trade secret or other right of property belonging to others, who could ensue from the posting of the advertising banners through the services of 1ER EURO RESEAU. It is up as a consequence to the CUSTOMER to carry out any diligence to make sure that its advertising banner does not strike a blow at these rights of the third parties. | ||||||||
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4. Infringement of the public order, the public security and the morals |
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| The CUSTOMER is aware that the Contents (nformation,
data, texts, software, musics, sounds, photos, the images, videos, messages
or all other materials) carried in the knowledge of the public, are under
the only responsibility of the person having emitted these Contents. 1ER
EURO RESEAU oes not exercise any control of the Contents passed on via ALLOVISA
and as a consequence does not guarantee the righteousness, the opportunity
or the quality of these Contents. In any hypotheses, 1ER EURO RESEAU can
on no account be considered as responsible for the Contents, notably for
the illegal character of the Contents towards the actual regulations, of
the infringement of the public order, the public security and the morals
which could ensue from the advertisement done through the services of 1ER
EURO RESEAU, for example : |
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| 1ER EURO RESEAU or every person or entity was appointed by this company, reserves the right, to its only discretion, to refuse any available advertisement via the Service. Besides, 1ER EURO RESEAU will be entitled to remove any advertisement which would violate the terms of the present and\or the regulations in force and\or would be reprehensible in quite other way. | ||||||||
| The CUSTOMER can supply links towards other Web sites or other Internet sources, which should be in accordance with the current regulations and laws and constitute links suitable to all the points of view to the site ALLOVISA. As far as 1ER EURO RESEAU can not control these sites and these external sources, the CUSTOMER recognizes that 1ER EURO RESEAU can not be considered as responsible for the putting at disposition of these sites and external sources, and can bear no responsibility as for the Contents, the advertisements, products, the services or quite other available material from these sites or external sources. Furthermore, the CUSTOMER recognizes that 1ER EURO RESEAU can not be considered responsible for any damages either losses turned out or adduced consecutive or in connection with the use or with the fact of having relied on the Contents, on the possessions or services available on these sites or external sources. | ||||||||
| The CUSTOMER will be only responsible for activities that he can exercise on Internet through any Web site accessible through the services of 1ER EURO RESEAU. | ||||||||
| 1ER EURO RESEAU not being technically capable
of exercising some control on the CUSTOMER's Internet sites accessible through
its services, can not be considered as responsible for infringements aimed
at paragraphs 2 , 3 , 4 and 5 this above. 1ER EURO RESEAU incurs no responsibility
because of the behavior of the CUSTOMER, the nature of the information which
it publishes or messages which he could send or receive. |
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| 1ER EURO RESEAU incurs no responsibility because
of the loss of information of the CUSTOMER on its server or the direct or
indirect consequences, whatever they are, of the any damage which would
affect the CUSTOMER. |
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| Besides, 1ER EURO RESEAU would not be considered responsible for the difficulties of access or the momentary impossibility of accesse dues to the disturbances of the network, the telecommunication, the CUSTOMER declares to have been informed about the constraints and about the complexity of the world networks, and the influx of the users of Internet, at certain hours. In that case, the CUSTOMER can not require any reparation payment. | ||||||||
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8. Absence of declaration or guarantee and absence of damages |
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| All the services offered by 1ER EURO RESEAU to the CUSTOMER, which are subjected to the present conditions are without guarantee of any sort. 1ER EURO RESEAU declines any express or tacit guarantee. 1ER EURO RESEAU can not be considered as responsible in case of consequential damage, special or accidental, including any loss, loss of earnings, interruption of exploitation or not authorized access to the information. 1ER EURO RESEAU can not be considered a responsible to the CUSTOMER for an amount superior to the amount effectively received from the CUSTOMER by 1ER EURO RESEAU for one or several published advertisements. | ||||||||
| According to the Law N 78-17 of January 6, 1978,
said Computer Law and Freedom, the CUSTOMER has a right of consultation,
modification and retreat of any particulars carried in the knowledge of
1ER EURO RESEAU during the use of the Service. The CUSTOMER can at any time
cancel any insertion of ordered advertisement, as far as this cancellation
intervenes in writing. The CUSTOMER will pay to 1ER EURO RESEAU, in thirty
( 30 ) days following the cancellation of the advertisement, all the due
sums (according to the raw current rates) in conformance with the supplied
services. |
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| By the use made by the Service, the CUSTOMER
accepts: i) to supply true, exact information, up to date and complete on
itself and ii) to maintain and to update regularly this information to keep
them true, exact, up to date and complete. In the hypothesis where the CUSTOMER
supplies false, inaccurate, out-of-date or incomplete information, 1ER EURO
RESEAU would be entitled to suspend or to cancel its account and to refuse
at once and for future the access to all or any of the Services. |
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| 1ER EURO RESEAUis at any time authorized to interrupt, to refuse or to cancel any Order of Insertion of advertisement, with or without motive, having notified the CUSTOMER of it. In case of cancellation, the CUSTOMER will only have the right to the repayment of any prepayed sums exceeding amounts due to 1ER EURO RESEAUfor the services supplied in thirty ( 30 ) days following the cancellation by 1ER EURO RESEAU. This liberation of the commitment of the CUSTOMER constitutes the unique appeal of the CUSTOMER. 1ER EURO RESEAU is in no way indebted to the CUSTOMER. | ||||||||
| The on-line general conditions prevail over the printed general conditions.1ER EURO RESEAU can by rights modify or stop at any time its service without other formality than to publish these modifications in the on-line general conditions. | ||||||||
| In case of conflict, contentious or pre-contentious, about the advertising banners or the accessible Internet sites through these banners, the CUSTOMER will be only responsible for the regulation of this conflict, by putting, if he wishes it, in work the "administrative" procedures current within the national and international, public or private bodies, authorized to deliver a pre-contentious or contentious regulation with the competent national jurisdictions by getting in touch with any council of his choice. In no way, 1ER EURO RESEAU will intervene in the regulation of such a conflict which is left by the only responsibility of the CUSTOMER. | ||||||||
| Any complaint should be formulated in writing and passed on to 1ER EURO RESEAU : 13 rue Edouard Manet, 93220, Gagny. | ||||||||
| The present general conditions are governed by the French Law. Any dispute concerning the services of 1ER EURO RESEAU covered by these general conditions, will be of the competence of the Court, in the area of which 1ER EURO RESEAU installed its head office, and it even if this office should move and whatever is the place of use of the service and the place of residence of the defendant. | ||||||||