Legal Notice
The Legal Notice is intended to govern the conditions for browsing the Website and its functions as well as the actions of any User on the Website.
LEGAL NOTICES
Last updated: October 01, 2023
The FLUIDION website, accessible on the address www.fluidion.com is the exclusive property of:
FLUIDION SAS
231 Rue St Honoré
75001 Paris, France
Registered at RCS Paris 752 898 700
Email: [email protected]
Telephone: +33 (0)1 82 390 290
Publishing Director
Dan Angelescu, in his capacity as CEO.
Host
IONOS
IONOS Inc.
2 Logan Square
100 N 18th St., Suite 400
Philadelphia, PA 19103
1-484-254-5555
VAT ID: 74-3093319
IONOS Cloud Inc.
200 Continental Drive, Suite 401
Newark, DE 19713
1-267-481-7983
DEVELOPER
FLUIDION SAS
231 Rue St Honoré
75001 Paris, France
Registered at RCS Paris 752 898 700
Email: [email protected]
Telephone: +33 (0)1 82 390 290
Copyright
The information and the content available on the Website cannot be used for commercial or advertising purposes. Any reproduction of all or part of the pages on the Website or the works on the Website is strictly prohibited.
Please see the General Terms and Conditions of Use for further information.
Access to the website is subject to the acceptance of and compliance with the General Terms and Conditions of Use and the Privacy Policy.
General Terms and Conditions of Use
- Definitions
Capitalised terms and expressions have the meaning given below, whether in the singular or the plural:
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"General Terms and Conditions of Use"
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Means these General Terms and Conditions of Use. |
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"Contract"
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Means the contractual whole composed in particular of the following documents: the General Terms and Conditions of Use and the Privacy Policy. |
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"Customer Data"
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Refers to any content, data, Personal Data and information of which the User is the owner and that they provide, collect or process as part of their use of the Website. |
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"Personal Data"
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Refers to personal data, as defined by article 4.1 of the General Data Protection Regulation 2016/679 of 27 April 2016 or the “GDPR”. |
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"Website" |
Refers to the FLUIDION website that is available at www.fluidion.com or any other URL that may be added or used as a substitute. |
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"FLUIDION" |
Refers to the company FLUIDION SAS, the publisher of the Website. |
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"User" |
Refers to any person browsing on the Website. |
- Purpose
The Website www.fluidion.com is published by FLUIDION, which has its registered office at the following address: 231 Rue St Honoré, 75001 Paris, France
Access to the Website, browsing it and using it are subject to the acceptance and compliance with the General Terms and Conditions of Use. If the User does not accept all or part of the General Terms and Conditions of Use, they must desist from any use of the Website.
The General Terms and Conditions of Use apply without any restriction or reservation to the whole of the Website or any version or extension of the Website. The General Terms and Conditions of Use may be printed by the User and remain accessible on the Website at any time via a direct and permanent link.
The General Terms and Conditions of Use enter into force on the date on which they are put online and shall be enforceable on the date of the first access to and/or use of the Website by the User.
The General Terms and Conditions of Use are enforceable throughout the whole period of access to or use of the Website, until new General Terms and Conditions of Use replace said version. Any new connection to the Website following the release of a new version of the General Terms and Conditions of Use shall equate to acceptance of said new version, it being specified that any new use of the Website following said connection shall be subject to the version of the General Terms and Conditions of Use then in force.
FLUIDION reserves the right to make any amendment to the General Terms and Conditions of Use that it deems necessary and useful without any notice. Users of the Website shall be informed of such amendments by any appropriate means. Said amendments may not be enforceable on Users in a retroactive manner.
The General Terms and Conditions of Use apply to the exclusion of any other document.
If any of the stipulations of the General Terms and Conditions of Use is void in view of a regulation or definitive legal ruling of a competent jurisdiction, it shall be deemed unwritten, but this shall not result in the General Terms and Conditions of Use becoming void in their entirety not have any impact on the other stipulations.
Users are therefore advised to consult the General Terms and Conditions of Use with care and regularly.
These General Terms and Conditions of Use are intended to govern the conditions for browsing the Website and its functions as well as the actions of any User on the Website.
- Services on the Website
3.1. Description of the Services
The aim of the Website is to present the products, services, case studies, publications and technologies of FLUIDION.
The Website offers access to the Services offered by FLUIDION, in particular:
- providing information on the Services of FLUIDION
- submitting any request for information to FLUIDION by means of contact forms;
- receiving the FLUIDION newsletter.
3.2. Scope of use
The Services must be used subject to the terms of the General Terms and Conditions of Use for the User's own needs. Any use that is not expressly authorised by FLUIDION under the General Terms and Conditions of Use is illegal.
Users of the Website undertake in particular to refrain from:
- breaching the applicable rules and the rights of third parties;
- storing, distributing, transmitting or accessing any content that:
- is illegal, harmful, threatening, defamatory, shocking or obscene, in breach of rights or harassing, or that is insulting with regard to a race or ethnicity;
- contains computer viruses;
- facilitates an illegal activity;
- encourages illegal acts;
- is discriminatory in terms of race, nationality, ethnic origin, gender, colour, religious beliefs, sexual orientation, handicap or relates to any other illegal activity;
- contains words or images aimed at harassing, threatening or embarrassing other people, which condones war crimes or crimes against humanity, incites racial hatred, violence or the committing or an offence, crime or an act of terrorism;
- harms people or property of any kind;
- distributes information in breach of intellectual and industrial property rights or that offers to make files subject to copyright available for download without the authorisation of the rights holders;
- represents, distributes or markets the Services, either free of charge or for payment;
- makes any use of the Services in any manner for the purposes of designing, creating distributing or marketing similar services or software, which are equivalent or substitutes, or in competition with the Services;
- uses the Services to provide services to third parties, other than to the extent expressly stipulated on the Website;
- grants a licence, sells, rents, leases, transfers, assigns, distributes, presents, discloses or exploits the Services in any other manner, for commercial purposes or makes them available to third parties in any other manner, including photographs of the creations or even excerpts of the creations, which are protected by copyright;
- attempts to obtain, or assists third parties in obtaining, access to the Services in a manner other than that which is provided for by the General Terms and Conditions of Use;
- is in direct or indirect competition with FLUIDION or its business;
- uses the Services for a process that is not authorised by FLUIDION.
- Access to and use of the Website
The Website is available, free of charge, to any User with access to the Internet from the following terminals: a computer, tablet computer or smartphone.
Users acknowledge that they have the skills and resources needed to access and use the Website, and that they have verified that the computer configuration used by them does not contain any virus and is in good operating condition. It is recalled that the User remains liable for the cost of use of the remote communication technique used as determined by their telephone and/or internet subscription, and their means of access (computer, tablet computer or smartphone). The User acknowledges that they have ensured that the browser offers secure access to the Website.
FLUIDION cannot guarantee that the Website shall operate without interruption and declines liability for any error. FLUIDION cannot be held liable for any direct or indirect losses that may result from the use of the Website, regardless of the cause; in particular, FLUIDION cannot be held liable for any alteration or fraudulent access to data and/or any accidental transmission due to a virus.
In the same manner, FLUIDION cannot be held liable for any breakdown and technical issues with regard to the hardware, programs and software or the internet network that give rise to any malfunctions and/or the definitive or temporary interruption in the Website.
- Intellectual Property
The Website, and all of the content presented thereon including the documents, information, text, graphics, images, photographs, brands, designs, models, logos, reproductions of architectural creations / design or any other content shown on the Website are the exclusive property of FLUIDION, or of entities that legally allowed FLUIDION to display the material on the Website. They cannot therefore be reproduced, exploited or used in any manner of any kind.
These General Terms and Conditions of Use do not entail the transfer of any Intellectual Property Rights to the User in respect of either the structure or the content of the Website. Therefore, the User undertakes to refrain from using the documents, information, text, graphics, images, photographs, brands, designs, models, logos or any other content shown on the Website in a manner that may breach the rights of FLUIDION and that any such use shall not constitute fraud or unfair or parasitic competition.
Any extraction, integration, compilation or use for commercial purposes of the information contained in the data bases accessible from the Website, and any use of robots, data mining systems and other tools for collecting data are strictly prohibited.
The fact that FLUIDION does not take action as soon as it becomes aware of any such unauthorised use may not be interpreted as acceptance of said uses or that it waives taking legal action.
- Protection of Personal Data
The Parties all undertake to comply with the regulations in force regarding protecting personal data, in particular the General Data Protection Regulation of 27 April 2016 regarding computing, files and civil liberties as amended.
FLUIDION may have cause to collect and process Users' Personal Data, pursuant to the Privacy Policy.
- Limitation of liability
è Clause not applicable to consumers
FLUIDION cannot be held liable for any direct or indirect losses that may result from the use of the Website, regardless of the cause, in particular, FLUIDION cannot be held liable for any fault, breakdown, difficulty or interruption in operation that prevents access to the Website or to any of its functions.
The User is solely liable for the connection hardware used and undertakes to take all appropriate measures to protect their hardware and their own data, in particular against attacks by viruses via the Internet. FLUIDION cannot be held liable for any tangible damage related to the use of the Website or any errors on the Website. The User undertakes to access the Website using recent hardware, not containing viruses and with an updated latest generation browser.
FLUIDION makes its best efforts to make the Website constantly available, subject to maintenance operations on the Website or the server on which the Website is hosted. Users are warned of the technical hazards that are inherent to the Internet, and the interruptions to access that this may entail. Consequently, FLUIDION may not be held liable for any unavailability or latency of the Website for this reason.
FLUIDION cannot be held liable in the event that the User breaches these General Terms and Conditions of Use.
FLUIDION is not liable for any damage caused by a User to themselves, to third parties and/or to their hardware due to their connection or use of the Website, and the User shall refrain from taking any action against FLUIDION for this reason.
If FLUIDION were to be subject to out-of-court or legal proceedings due to the use made of the Website by a User, it may seek compensation from the User for all the losses, sums, sentences and costs that may result from such proceedings.
FLUIDION cannot be held liable for any delay or breach of its contractual obligations that are the result of an occurrence that is beyond its reasonable control or related to any inaccuracy in the information provided by a User of the Website or any information that has been kept secret or hidden or provided in error.
- Hyperlinks, social media plug-ins and cookies
Users may only use hyperlinks to all or part of the Website with the express, written and prior authorisation of FLUIDION, by submitting a written request by email to the following address: [email protected]
FLUIDION is free to refuse this authorisation without in any manner justifying its decision. In the event that FLUIDION grants authorisation, this shall in any event only be temporary and may be withdrawn at any time, without any obligation for FLUIDION to justify its decision. In any event, any link must be withdrawn by the User at the first request of FLUIDION.
The Website may contain hyperlinks that take the User to third-party websites that are not published by FLUIDION. Users are advised to refer to and to carefully read the rules applicable to the use of the information provided on these websites. As FLUIDION cannot carry out continuous checks of these links on the Website, it may not be held liable for any reason for the content of these websites.
Browsing the Website may cause the installation of one or more cookies on the User's computer. A cookie is a small file that does not make it possible to identify the User, but records information about how a computer browses a website. The data obtained in this way is intended to facilitate subsequent browsing on the Website, and is also intended to enable various measurements of visitor numbers.
The cookies used on the Website are technical cookies, which are used to keep the User's session open, functional cookies and analysis, performance and audience measurement cookies.
A refusal to install a cookie may make it impossible to access certain services. Users may however configure their computer to refuse the installation of cookies by using the parameters of their browser.
Users can use the contact form available on this link if they have any questions on this issue.
- Newsletter
Users may sign up for the FLUIDION newsletter. To do so, the User must provide their email address and Confirm the subscription.
To unsubscribe from the newsletter, the User may click on the "Unsubscribe" link at the bottom of the newsletter to be withdrawn from the distribution list. Users can also contact FLUIDION by writing to: [email protected]
- Force Majeure
The parties may not be held liable for any failure to perform the obligations provided for in the Contract if this failure is due to an occurrence of force majeure, it being understood that the parties undertake to limit the negative consequences for the other party to the greatest extent possible. It is specified that only events that are actions, legal positions or facts, including any unforeseeable circumstances that are beyond the parties’ control and that make it impossible to perform any of the aforementioned obligations shall be considered as acts of god or force majeure.
To benefit from the exemption due to force majeure, the party that suffers the effects must notify the other party within five (5) business days from the occurrence of the event, by registered letter with acknowledgement of receipt. In the event of an occurrence of force majeure, the performance schedule shall be extended by a period at least equivalent to the delay incurred. However, the parties undertake to take any action necessary to minimise the delay. The parties shall consult each other to determine any provisions that may be taken to reduce the consequences and the duration of the occurrence of an event of force majeure. In the event that the duration of the occurrence of force majeure is greater than thirty (30) calendar days, either party may terminate the Contract after serving notice to the other Party by registered letter with acknowledgement of receipt.
- Miscellaneous provisions
If any of the stipulations of the General Terms and Conditions of Use is void in view of a rule of law, a in law in force or a definitive legal ruling of a competent jurisdiction, it shall be deemed unwritten, but this shall not result in the General Terms and Conditions of Use becoming void in their entirety nor have any impact on the other stipulations. In such an event, the parties shall replace the invalid or void clause with a new clause that is as close as possible to the original intention of the parties.
Should either of the parties not react in response to any breach by the other party of any of the obligations stipulated in the General Terms and Conditions of Use, such inaction shall not be interpreted for the future as being a waiver of the obligation in question.
The titles given to the articles in the General Terms and Conditions of Use are given with the sole aim of facilitating referencing and may not be used to impose an interpretation on these articles or assign a meaning. Therefore, in the event of any difficulties in the interpretation of any of the titles of any clause in the General Terms and Conditions of Use, these titles shall be declared not to exist.
- Applicable Law – Competent Jurisdiction
12.1. Applicable law and disputes
The General Terms and Conditions of Use shall be governed by and interpreted in accordance with French law.
In the event of any dispute, the User may first contact FLUIDION:
(i) By calling: +33 (0)1 82 390 290 from 9 am to 1 pm and 2 pm to 5 pm
(ii) by email to: [email protected]
12.3. Competent jurisdiction
If no out-of-court settlement can be reached, jurisdiction shall be awarded to the competent courts.
