Terms of Use

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE NEOCASE WEBSITE CAREFULLY.

LEGEAL TERMS

Website editor:
Neocase Software SAS,
Registration number: RCS Nanterre 433 538 782
Share capital: €4,919,962
Address: 91, Boulevard National, 92250 La Garenne-Colombes, France
Telephone number: +33(0) 1 73 60 01 10

Publishing Director: Alain Ries

Hosting provider: WP Engine, 504 Lavaca St #1000, Austin, TX 78701, United States. Phone: +1 512-459-1544

 

1. Scope

 

Neocase created and maintains the Site where you may in particular obtain and share information about Neocase products and services.  The Terms and conditions govern your use of the Site and any Content contained in it.

By accessing and browsing the Neocase website or by using and/or downloading any content from same, you agree to be legally bound, and to abide by (i) these terms and conditions of use and (ii) the privacy policy https://www.neocasesoftware.com/privacy-policy as if you had signed a written agreement.  In case you do not agree with all or part of these Terms and Conditions and/or the Privacy Policy, you should not use and immediately stop using the Site.

 

2. Definitions

For purposes of these Terms & Conditions,

Content” means any information available on the Site including without limitation any software, photos, video, document, file, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, and other materials available on the Site.

Neocase” is Neocase Software SAS.

Site” means Neocase website available at www.neocasesoftware.com.

Terms & Conditions” means these terms and conditions of use which apply to your use of the Site.

Privacy Policy” means the document available at https://www.neocasesoftware.com/privacy-policy  which provides the terms and conditions applicable to the processing of your personal data by Neocase.

 

3. Modification of the Terms & Conditions

 

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time, and without prior notice or liability.  You should check these Terms & Conditions from time to time for changes. By using in any way the Site after we post any changes to these Terms & Conditions, you agree to accept those changes. If you do not agree to all or part of any changes to the Terms & Conditions, you should stop using the Site.

 

4. Permissible Use of the Site

 

You are permitted to access the Site and use the Content only in compliance with the Terms & Conditions, and applicable law, solely for your personal, informational, noncommercial purposes.  We grant you a non-exclusive, non-transferable, limited right to access, use and display the Site, and the Content provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions.  Any other use without the Neocase prior written consent is prohibited.

 

5. Intellectual Property

 

All Content is provided for informational purposes only and shall not engage our responsibility.  No information provided on this Site shall be considered as a substitute for your independent search.

The Site, and its Content, are protected by intellectual property rights, and are the exclusive property of Neocase.  Using the Site does not provide you ownership of any intellectual property rights in the Site or any of the Content that you may access.

You acknowledge that the Site contains Content that are protected by rights such as copyright, data base right, patent, trademark, trade secret and/or any other proprietary right, and that these rights are valid, and protected in all forms, media and technologies existing now or hereafter developed.

Our commercial partners, customers, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Site.

You may not modify, publish, transmit, distribute, sell, create derivative works of, or in any way exploit, directly or indirectly, any of the Content, in whole or in part.  The use of the Content for any other purpose than using the Site in compliance with the Terms & Conditions, is strictly prohibited unless you receive our prior written consent.

 

 

6. Indemnisation

 

You agree to defend, indemnify, and hold Neocase, and our officers, directors, employees, stockholders, agents, representatives, and partners harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, to reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site; (ii) your violation of these Terms & Conditions, and/or the Privacy Policy or (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right.

 

7. Limitation of Warranty

 

Any Content, services, products, materials, etc. available on the Site are provided “as is”, and without any warranties of any kind.

Neither Neocase nor any of our partners warrant that the Site, or any function contained in it, will be uninterrupted, or free of inaccuracies, errors, omissions, viruses and like.

Any Content downloaded or otherwise obtained through the use of the Site is done at your sole risk, and you will be the sole responsible for any damage resulting from your use of the Site. Neocase does not warrant any results derived from the use of any software available on the Site.

 

8. Limitation of Liability

 

Neocase shall not be liable for any indirect damage or any indirect loss or harm, and in any case of any loss of profits or revenues, business interruption, loss of opportunity, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in the Site.

In any event, Neocase liability for direct damages arising out of or in connection with the use, inability to use or reliance on any Content shall not exceed the amount of €50,000 per event.

 

9. Third-Party Websites

 

The Site may contain links to third-party websites.  You should be aware that these third-party websites may collect, use or transfer your personal data under different privacy policies, and Neocase has no control over those websites nor any responsibility or liability for processing of your personal data by such third-party websites.

 

10. Waiver and Severability

 

No failure by Neocase to enforce any right hereunder shall constitute a waiver of such right.

To the extent that any provision in this Terms & Conditions shall be found to be unenforceable, the invalidity of that specific provision shall not be held to invalidate the remaining provisions of this Terms & Conditions.

 

11. Applicable Law and Competent Court

 

These Terms & Conditions are governed by French law. All claims arising out of or relating to these Terms & Conditions will be ligated exclusively in the Commercial Court of Paris.

 

Last modified: 30th January, 2016