General Terms Of Use
IMPORTANT - this is a legal agreement between you ("You") and Sporoptic Pouilloux SA and its subsidiaries (together, "SPO" or "We"), as owner of (the "Website"). SPO is a registered company in France, under the VAT number FR55 309 552 008, with a share capital of 4 378 430,00 euros, registered at the Register of Companies of Paris under the number 309 552 008 R.C.S Paris, having its registered office 29 rue Taitbout, 75009 Paris, France. Please read carefully the following General Terms of Use ("GTU") which govern your use of the website. These GTU may be amended by SPO at any time without prior written notice by SPO by posting amended GTU on the Website. By using the Website, you agree to the GTU at the time of such use. Your use of this website is conditional upon your acceptance of these GTU. I - LICENSING SPO hereby grants You a personal, revocable, limited, non exclusive and non transferable license to use the Website solely for Your personal use, which does not include activities related to any commercial, business or professional activity, provided You comply with the terms and conditions of these GTU. Notwithstanding the foregoing, You may not modify, translate, decompress, create derivatives of, copy, distribute, disassemble, broadcast, transmit, publish, delete or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, privately label, grant a security interest in, or use the Website in any manner not expressly permitted herein. II - USER DECLARATIONS By accessing or using the Website, You represent that You are at least (18) years of age. If you are under that age, please consult your parent or guardian regarding these GTU. Minors are only permitted to use this Website if a parent or guardian agrees to these GTU on their behalf. In addition, You agree to comply with all applicable laws and regulations governing your use of the Website. III - PROPRIETARY RIGHTS These GTU permit only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that SPO does not transfer any ownership or intellectual property interest in the Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, illustrations, computer code (including html code), programs, software, products, information, and materials, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of all content appearing on or available through the Website, unless otherwise specified, are owned, controlled and licensed by SPO. Vuarnet, the Vuarnet logo(s), and all other names, logos, and icons identifying Vuarnet and its products and services are proprietary marks of SPO and any use of these marks, including, without limitation, as domain names, account identifiers, or search terms, without express written consent is strictly prohibited. Other product and company names or logos mentioned or appearing on the Website may be the trademarks and/or service marks of their respective owners. IV - CONTENT PROVIDED BY YOU From time to time, We may provide bulletin boards, chat rooms, comment areas, forums, news groups, publication sections or similar communication facilities on this Website. Comments on our Website are welcome in these instances. However, any notes, messages, comments on boards, ideas, suggestions and other content You submit to SPO ("User-Published Content") must not harass, slander, libel, threaten or otherwise violate the rights of others and must not contain any content that is obscene, indecent, pornographic, defamatory, unlawful or otherwise objectionable to us. In addition, User Posted Content must not violate any intellectual property, privacy, publicity or other proprietary rights of any person or entity. By posting any User-Posted Content, You grant SPO an exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, modify, alter, publicly perform, publish, transmit, broadcast, distribute or otherwise use the User Posted Content in such a way that SPO is entitled to use such User Posted Content for any purpose, including promotional and advertising purposes, in perpetuity, in any and all media now known or hereafter devised, without compensation to You. You expressly waive all rights, remedies and actions regarding inspection and approval of the finished product that may be produced and used in connection with the User Posted Content. By submitting any User Posted Content, you represent and warrant that you have all right, title and permission to use such User Posted Content and that your posting of such content on the Website does not and will not violate any third party rights, including, without limitation, intellectual property rights or privacy rights. V - RESTRICTIONS You agree not to modify, distribute, disclose or create any work based on the Website or any portion thereof. You may not (nor may you authorize others to) sublicense, rent, lease, sell, distribute, disseminate, provide, transform, decode, decompose, disassemble, reverse engineer, create derivative works from, modify or translate the Website, or in any way reproduce, copy, use or provide the Website, or any portion thereof, in any other manner except as expressly provided herein or as permitted by mandatory law. You acknowledge and agree that the acquisition of any content or data through the use of the Website is your sole responsibility and that you are solely responsible for any system damage or loss of data caused by using the service, even if indirectly. VI - PRIVACY POLICY SPO is dedicated and committed to protecting your privacy in compliance with legal requirements, including the General Data Protection Regulation which entered application May 25, 2018 in the member states of the European Union. Please refer to the Privacy Policy for a summary of how personally identifiable data and practices for the use of SPO are collected and secured. VII - AVAILABILITY AND CONTINUITY OF SERVICE You acknowledge and agree that SPO reserves the right, in its discretion, on a temporary or permanent basis, to (i) suspend or discontinue the Website, and/or (ii) disable any access to the Website. VIII - LINKS TO OTHER SITES The Website may facilitate access to other online Website or social networks or pages for your convenience. These websites, networks, or pages have not necessarily been reviewed by SPO and are maintained by third parties over whom SPO has no control. Therefore, SPO expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of products or services provided by, available through, or advertised on such third party sites. In addition, these links do not imply any endorsement of any Third Party Website or any products or services provided by any third party. IX - COMPENSATION By using this application, You agree to defend, indemnify and hold harmless SPO and its affiliates, and their directors, employees and agents, from and against any and all losses, damages, liabilities, costs, expenses (including legal fees) claimed by any third party resulting from: (i) your use of and access to the Website; (ii) any User Posted Content; (iii) a breach by you of these GTU; and (iv) a breach by you of the rights of third parties, including, without limitation, any proprietary, privacy or intellectual property rights. This indemnification shall survive the duration of your use of the Website. X - EXECUTION You acknowledge that any threatened or actual breach of these GTU will cause irreparable harm to SPO, such harm will not be quantifiable monetary damages and SPO will never have an adequate legal remedy. You therefore agree that SPO will be entitled, in addition to other available remedies, to seek and obtain injunctive or other equitable relief from a court of competent jurisdiction to prevent any threatened or actual breach of your obligations under any provision of this GTU. XI - DURATION AND TERMINATION These GTU shall immediately and automatically cease to be effective, upon service by us, if You fail to comply with Sections: 1, 4, 5 and 10 above. Termination will be effective upon service by us. You may also terminate this GTU at any time and cease to use the Website. XII - WAIVER & AUTONOMY OF CLAUSES Failure to insist upon strict performance of any of the terms and conditions of this GTU shall not constitute a waiver of rights for any subsequent default or non-performance. If all or any part of this GTU is determined to be void or unenforceable under applicable law or court order, including, without limitation, the warranty limitations and liability limitations set forth above, then the void or unenforceable provision shall be deemed superseded by a valid, enforceable provision that clearly conforms to the intent of the original provision and the remainder of this GTU shall remain effective. XIII - APPLICABLE LAW This Agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of France, excluding its conflict of laws rules, and without prejudice to your rights under an applicable law that cannot be excluded. XIV - SECURITIES Titles are provided for convenience only.