1. Use of the Site
You may use the Site and the information, graphics, writings, images and/or other works that you see, hear or otherwise watch on the Site (individually or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Avandis. No right, title or interest in any Content is transferred to you, as a result of downloading such Content or otherwise.
2. Intellectual Property Rights
Any and all intellectual property rights (“Intellectual Property”) associated with the Site and the Content are the sole property of Avandis, its affiliates or third parties. The Content is protected by copyright and other laws in France. Elements of the Site are also protected by trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Site are trademarks, service marks or trade names (“Marks”) of Avandis, its affiliates or other entities that have granted Avandis the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of Avandis. Except as otherwise expressly authorised by these Terms, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative work, upload, transmit, and/or distribute the Intellectual Property of the Site in any way without Avandis’s prior written permission or that of an appropriate third party. Except as expressly provided herein, Avandis does not grant to You any express or implied rights to the Intellectual Property of Avandis, its affiliates or that of any third party.
Avandis hereby grants You a limited, personal, non-transferable, non-sub-licensable, revocable licence to (a) access and use only the Site and the Content only in the manner presented by Avandis, and (b) access and use the Avandis network services offered within the Site (the “Avandis Systems”) only in the manner expressly permitted by Avandis. Except for this limited licence, Avandis does not convey any interest in or to the Site, the Content, the Avandis Systems, or any other Avandis property by permitting You to access the Site. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Avandis.
All trademarks and product names mentioned in the Site constitute trademarks of Avandis, except for trademarks owned by third parties. All logos and trademarks of Avandis cannot be used or reproduced without the prior express written consent of Avandis.
You agree you will: (1) not use any automatic device, or manual process to monitor or copy the pages of the Site or the Content contained herein without the prior express written permission of Avandis; (2) not use any device, or software to interfere or attempt to interfere with the proper working of the Site; and (3) not take any action that imposes an unreasonable or disproportionately large load on Avandis’s infrastructure.
5. Links to other Internet Sites
The Site may contain links to other internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that Avandis, to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, product, or service available on such other sites.
6. Downloading Files
Avandis cannot and does not guarantee that files available for downloading through the Site will be free of viruses, other harmful computer code, files or programs.
Any software available for downloading via the Site is the copyrighted work of Avandis and/or its licensors. You may use of such software by the terms of the end user license agreement that accompanies or is included in the software. Downloading and/or installing any such software indicates your acceptance of the terms of the end user license agreement.
Avandis does not accept ideas, concepts or techniques for new products through the Site (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Avandis and its affiliates are under no obligation to keep such information confidential, and (c) Avandis will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
The E.U. legislation for the protection of personal data governs the use of information collected from or provided by You at the Site. With respect to any individual whose personal information is provided by You to Avandis, You represent to Avandis that You have obtained all necessary consents for the processing of such personal information.
Avandis reserves the right to modify, suspend, or discontinue any portion of the Site and the Content, at any time, with or without notice. Avandis reserves the right to modify any part of these Terms at any time. Any modifications shall be effective upon loading on the Site. You agree to review these Terms periodically so that you are aware of any such modifications. Your continued use of the Site after such modifications have been loaded shall be deemed to be your acceptance of any modifications to the Terms. If, at any time, the Terms are not acceptable to you, you should immediately cease use of the Site.
Avandis sometimes use “cookies”. A “cookie” is a small text file that can be stored on your computer’s hard drive. It may be stored and updated at various times as you access the Site. Each time you visit the Site, the server may deliver certain customised information to your computer based on the data stored in your “cookie”. You are not obliged to accept a “cookie” and you may modify your browser so that it will not accept “cookies”. We never use “cookies” to retrieve information from your computer, which was not originally contained in the “cookie”.
Whenever we obtain your personal information we take reasonable precautions to protect it from unauthorised access or disclosure, but we cannot act as guarantors of the security of your personal information transmitted over the internet. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
13. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any content that is not intended for you. You agree not to use the Site in a manner that might interfere with the rights of third parties.
14. Limitation of Liability
14.1. To the maximum extent permitted by applicable law, in no event shall Avandis, its affiliates, licensors, suppliers or any third parties mentioned at the Site be liable for any direct, or indirect, or consequential damages of any kind, including personality impairment , deriving from or as a result of this Site or from any use of it or from any other website or any other source linked to this Site, reference, or possibility of access through the current Site, or for the use, download or possibility of access to any data, information, products or services, including as an example and not exhaustively, any loss of income, loss of software programs, even in the case where Avandis has been explicitly warned for the possibility of such damage.
14.2. The information contained in the Site may not always be up to date and for this reason, information is provided on an “as is” and “as released” basis. The use of information received or saved by or through this Site relies exclusively on the judgment of the user and is his/her responsibility. The user accepts that he/she must evaluate the contents and that he/she is responsible for any risk that may be induced by the use of any contents.
14.3. Avandis does not guarantee, directly or indirectly, that the Site and the Content will be at all times up to date, secure, with no errors, will meet the users demands and that the results, which will emerge from its use will be reliable, accurate and with no errors.
14.4. The Content of the Site does not provide advice and it does not make any recommendations nor must be considered as a suggestion for any decision or action, invitation for investment or generally for participation in shares or other securities of Avandis.
You understand and agree that you are personally responsible for your behaviour during your visit to the Site. You agree to indemnify and hold harmless Avandis, its subsidiaries, affiliated companies, joint venturers, business partners, suppliers and licensors, their respective officers, directors, employees, agents and their affiliates, and each of them from any third-party claims, liabilities, losses, damages (including, but not limited to, direct, indirect, incidental, and consequential damages), and reasonable legal fees arising out of or related to Your use, misuse, or inability to use the Site or the Content; Your failure to comply with these Terms; Your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.
16. Governing Law / Jurisdiction
These Terms pertaining to the Content are governed by and interpreted by the laws of England and Wales. To the fullest extent permitted by law, you hereby expressly agree that any proceedings arising out of or relating to your use of the Site and the Content shall be addressed in the courts of England and Wales, and you expressly waive any objection that you may have now or hereafter to the venue of or to the jurisdiction over any such proceeding. You agree that any claim arising from or related to your use of the Site and/or the Content must be filed within one (1) year from the date on which such claim was born.
17. General Provisions
17.1. If any provision of these Terms shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
17.2. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Avandis reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Avandis does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.