TERMS AND CONDITIONS

 
 
Version française
 
  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
 
 
 
 

1. Nature of the service

 
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.

 
  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.

 
 
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
 
     
 

2. Infrigement of rights of intellectual and industrial property

 

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.

 
     
 

3. Other infringements of rights of third parties

  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.  
     
 

4. Infringement of the public order, the public security and the morals

  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 :

 
 
  • Pass on by any way any Contents which is illegal, harmful, threatening, excessive, constituent of harassing, slanderous, vulgar, obscene, threatening for the private life of others, resentful, racist, or otherwise reprehensible; strike a blow in some way at the minor users;
 
 
  • Pass on any Contents which could be constituent, without that what follows is restrictif, of instigation in the realization of crimes and other offences; of provocation in the discrimination, in the hatred or in the violence because of the race, of the ethnic group or of the nation; of apology of the Nazism, the contestings of the existence of crimes against humanity, false report, as well as any Contents intended to show or to sell objects and\or speechless works; of infringement on the authority of the justice; of information relative to the adoption, to the lawsuit, to the suicide of minors, or to the individual fiscal situation; of distribution outside the authorized conditions of polls and simulations of vote relative to an election or a referendum; of defamation and insult; of infringement on the private life; Or acts putting in danger the minors notably by the manufacture, the transport, and the distribution of message with violent or pornographic or natural character seriously to strike a blow at the human dignity
 
  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.  
     
 

5. Links

  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.  
     
 

6. Responsibility of the customer

  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.  
     
 

7. Limited responsibility 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.

 
  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.

 
  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.  
     
 

8. Absence of declaration or guarantee and absence of damages

  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.  
     
 

9. Cancellation

  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.

 
  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.

 
  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.  
     
 

10. Modifications

  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.  
     
 

11. Regulation of the conflicts

  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.  
     
 

12. Complaints

  Any complaint should be formulated in writing and passed on to 1ER EURO RESEAU : 13 rue Edouard Manet, 93220, Gagny.  
     
 

13. Dispute

  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.