Terms and Conditions of Use of the Institutional Website
General Terms and Conditions of Use last updated on: November 5th, 2018 LEGAL INFORMATION Website editor: Neocase Software SAS Registration number: 433 538 782, Nanterre Trade and Companies Register Share capital: €4,919,962 VAT identification number: FR06433538782 Registered office: 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 | Definitions
For the purposes of these General Terms and Conditions of Use: “Content” means all information available on the Website, including but not limited to software, photos, videos, documents, files, text, images, music, sound, questions, creative suggestions, messages, comments, feedback, ideas, formulas, notes, sketches, articles and other materials available on the Website. “Neocase” means Neocase Software SAS. “Website” means Neocase’s website, available at: https://www.neocasesoftware.com “General Terms and Conditions of Use” or “Terms & Conditions” means these terms and conditions of use, which shall apply to any use of the Website. “Personal Data Protection Policy ” means the document available at: https://www.neocasesoftware.com/privacy-policy/, which sets out the rules governing the processing of your personal data by Neocase.
2 | Purpose
Neocase has created and maintains the Website, on which you can inter alia obtain and share information about our products and services. Use of the Website and all Content is governed by these General Terms and Conditions of Use. By visiting, downloading or using the Website and/or any Content, you unreservedly agree to comply with the General Terms and Conditions of Use and the Personal Data Protection Policy. If you do not agree with any aspect of the General Terms and Conditions, you should stop using the Website immediately.
3 | Modification of the General Terms and Conditions of Use
We reserve the right to change, modify, add to or delete any part of the General Terms and Conditions of Use at any time, at our sole discretion, without prior notice or the express communication of information on our part. We therefore recommend that you check the General Terms and Conditions of Use on a regular basis. Any use of the Website after the General Terms and Conditions of Use have been modified shall signify acceptance of such modifications, irrespective of whether you are aware of them. If you do not agree with all or any of the modifications made to the General Terms and Conditions of Use, you should stop using the Website immediately.
4 | Authorised use of the Website
You are authorised to access the Website and use its Content solely for your personal, non-business use, and for information purposes, in compliance with the General Terms and Conditions of Use and the applicable laws. To that effect, we grant you a non-exclusive, non-transferable right, limited to accessing and using the Website and its Content solely for your personal, non-business use, provided you comply fully with the General Terms and Conditions of Use. Any other use without Neocase’s prior, written consent is prohibited and may incur your liability. The Content is provided for information only, and will not incur our liability. None of the information provided on the Website is intended as a substitute for personal research.
5 | Intellectual property
The Website and its Content are protected by intellectual property rights, and are the sole property of Neocase. Use of the Website in no way grants any intellectual property rights to the Website or the Content. You acknowledge that the Website contains Content that is protected by intellectual property rights such as copyright, sui generis database rights, patents, trademarks, trade secrets and/or all other proprietary rights, and that these rights are valid and protected in all forms and on all media existing at this moment in time or that may be developed in the future. Our business partners, customers, suppliers, advertisers, sponsors, licensors, contracting parties and other third parties may also hold proprietary rights to the Content they make available on the Website. In view thereof, you may not modify, publish, transmit, distribute, sell, create derivatives works of, or exploit in any way, all or part of the Content either directly or indirectly. Use of the Content for any purpose other than using the Website in compliance with the General Terms and Conditions of Use is strictly prohibited, unless you have obtained our prior, written authorisation.
6 | Indemnification
You agree to indemnify and hold Neocase and our officers, directors, employees, shareholders, agents, representatives and partners harmless against all claims, liability, damage, loss and expenses, including all reasonable lawyers’ fees and disbursements, resulting from (i) your access to or use of the Website, (ii) your breach of the General Terms and Conditions of Use and/or the Personal Data Protection Policy , (iii) your violation of any third party’s rights, including but not limited to any intellectual property rights, in particular rights to trademarks, copyright and rights to personal data.
7 | Limitation of warranty
All content, services, products, materials, etc. that are available on the Website are provided “as is” and without any warranty whatsoever. Neither Neocase nor any of our partners warrant that the Website or any of the functions it contains will be available without interruption and are free of inaccuracies, errors, omissions, viruses or other similar problems. All Content downloaded or otherwise obtained through the use of the Website is downloaded or obtained at your sole risk, and you shall be solely responsible and liable for any loss or damage resulting from your use of the Website. Neocase in no way guarantees any results derived from use of software available on the Website.
8 | Limitation of liability
Neocase will not be liable for any indirect damage or any indirect loss or harm or, in any case, any lost profit or lost income, business interruption, lost opportunities or lost data arising out of or in connection with the use of the Website or the inability to use the Website, or associated with any material available on the Website.
9 | Links to third-party sites
The Website may contain links to third-party websites. You should be aware that these third-party websites may collect, use or transfer your personal data in accordance with personal data protection policies that are not identical to Neocase’s Policy, and that we have no control over these websites, their content or the processing of your personal data by such websites. Neocase cannot be held liable in connection therewith.
10 | Waiver and severability
In the event Neocase chooses not to rely on all or any part of the General Terms and Conditions of Use at any time, this shall not signify that Neocase waives in any way its right to rely on all or any part of the General Terms and Conditions of Use at a later date. If any provision in the General Terms and Conditions of Use is found to be null and void or inapplicable, the invalidity of that provision shall not signify that the remaining provisions of the General Terms and Conditions of Use are also null and void.
11 | Governing law and jurisdiction
The General Terms and Conditions of Use are governed by French law. THE PARIS COMMERCIAL COURT (TRIBUNAL DE COMMERCE) SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR ALL CLAIMS ARISING OUT OF OR RELATING TO THE GENERAL TERMS AND CONDITIONS OF USE, SUBJECT TO MANDATORY LEGAL PROVISIONS TO THE CONTRARY.