GENERAL CONDITIONS OF USE OF THE WEBSITE
1.1. The website accessible at the following address: https://www.quicktext.im (hereinafter the "Website") is published by the company QUICKTEXT, a simplified joint stock company with a share capital of €120,000, registered in the Paris Trade and Companies Register under the number 488 865 619, and whose registered office is located at the following address: 64, Rue Jean -Pierre TIMBAUD - 75011 - PARIS (hereinafter the "Company")
1.2. The Company can be contacted by email at the following address: firstname.lastname@example.org or by telephone at the following number: 01 85 54 00 49.
1.3. The Director of the publication is: Mr. Daniel DOPPLER, in his capacity as President.
1.4. The Site is hosted by Microsoft France (Microsoft Azure), a simplified joint-stock company with a share capital of €4,240,000.00, registered in the Paris Trade and Companies Register under number 327 733 184, whose registered office is located at 39, quai du Président Roosevelt - 92130 - Issy-les-Moulineaux and whose telephone number is the following: 09 70 01 90 90.
2.2. The use of the Site implies full and unreserved acceptance of these GCU.
3.USE OF THE SITE
3.1. Prior to any use of the Site, the user (hereinafter the "User(s)") must ensure that he/she has the technical and computer means to browse and use the Site. He/she must also ensure that the computer configuration of his/her material/equipment is in good working order and does not contain any virus.
3.2. The Company reserves the right to modify, revise, delete, validate or change, in whole or in part, any content (hereinafter the "Content(s)") appearing on the Site or posted on it.
3.3.The Company may delete, change or modify the Site and/or the Content at any time
4. OBLIGATIONS OF THE USER
4.1 By using the Site, Users agree :
- to refrain from using the Site in an illegal manner, for any illegal purpose or in a manner incompatible with these TOS;
- not to use the Site for the publication of abusive, defamatory, harassing, libelous, obscene, pornographic or threatening remarks, and/or infringing on the privacy of others;
- not to sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the elements, information and Contents appearing on the Site and/or to allow any third party to use or have access to the Site for any purpose whatsoever or to decompile, reverse engineer, disassemble, modify, display in a form readable by the User, attempt to discover any source code or to use any software activating or comprising any part of the Site;
- to respect other Users;
- not to collect and store personal data relating to other Users, for any purpose;
- not to disseminate content that could constitute incitement to commit crimes or offences; incitement to discrimination, racial hatred, and more generally that could be contrary to the laws and regulations in force, to the present rules of use and to good morals and public order;
- not to disseminate information of an ideological, religious, political or ethnic nature;
- not to disseminate content likely to endanger minors, in particular the dissemination of messages of a violent or pornographic nature;
- not to attempt to mislead other Users by usurping the name or pseudonym of other persons;
- not to post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right of any party;
- post, email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials (including, without limitation, "spam" or any other form of solicitation);
- not to use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to access the Site in an unauthorized manner;
- not to denigrate the Site and/or the Company and/or other Users on social networks or any other means of communication.
4.2. If, for any reason, the Company considers that the Users do not respect the present TOS, it may at any time, and at its sole discretion, remove their access to the Site and take any measures including legal action against them.
5.ACCURACY AND LEGALITY OF INFORMATION
5.1. Each User agrees that all information provided by him/her, including information about him/herself, shall be adequate, accurate, current and complete.
5.2. The User acknowledges that the Company does not have the material means to verify the veracity of all the information on the Site. The Company cannot therefore be held responsible in the event of identity theft or the fact that the information mentioned is false or misleading.
5.3. The Company does not guarantee the timeliness, legality, probity or quality of the information transmitted by the Users.
6. INTELLECTUAL PROPERTY
6.1. By accessing the Site, Users expressly acknowledge that the Site and the Content made available to Users, in particular images, photographs, designs, graphics, drawings, models, layouts, logos, trademarks, texts, etc., are the exclusive property of the Company and are protected by the French Intellectual Property Code as well as by the applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they may not be reproduced without the express authorization of the Company, under penalty of civil and criminal prosecution.
6.2. The Company is the sole owner of all right, title and interest in and to the Site and the Content, including all intellectual property rights including, without limitation, all rights relating to copyrights, design rights, trademarks, trade names, company names, domain names, technology, know-how, processes, formulas, source codes and executable codes, data and similar rights, including information relating to any application, registration or renewal thereof that may be protected by the intellectual property laws, regulations or rules of any country.
6.3. The Company grants a non-exclusive license to Users to use the Site and the Content strictly in accordance with these TOU.
6.4. Any reproduction, representation, adaptation, exploitation, distribution, broadcasting, commercial use, translation, arrangement, transformation or any creation of derivative or composite works of all or part of the works and/or any other Content appearing on the Site on any medium whatsoever and by any process whatsoever, present or future, is expressly prohibited. These actions are likely to constitute acts of counterfeiting punishable under criminal and civil law, engaging the responsibility of their author.
6.5. The systematic and repeated extraction of information and Contents appearing on the Site is strictly prohibited and sanctioned under the intellectual property law and the sui generis right of databases. Any illicit extraction may engage the civil and penal responsibility of its author.
7.1. The Company declines all responsibility for any damage resulting from fraudulent intrusion by a third party, outside its control, leading to a modification or alteration of the information/Content appearing on the Site or having caused prejudice to any User of this Site; and more generally for any damage, whatever the causes, origins, nature or consequences, caused as a result of anyone's access to the Site or the impossibility of accessing it, outside its control.
7.2. The Company cannot be held responsible for technical problems or failures related to telephone networks, online computer systems, servers, Internet providers, computer equipment and/or software of Users.
8.1. The hypertext links established on the Site to other Internet sites or other Internet sources or content (hereinafter the "External Sources") do not engage the responsibility of the Company.
8.2. Insofar as the Company cannot control these External Sources, the User acknowledges that the Company cannot be held responsible for the availability of these External Sources, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these External Sources.
9. INFORMATION RELATING TO TRADEMARKS
9.1. QUICKTEXT SAS, and all other brands and logos of the Company are brands protected by French intellectual property law (hereafter collectively referred to as the "Brands"). Unless expressly authorized in writing by the Company, the User undertakes not to use or disseminate the Trademarks in any way whatsoever.
10. PROTECTION OF PERSONAL DATA
11. APPLICABLE LAW AND JURISDICTION
11.1. These GCU shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.
11.2. In the event of any dispute arising out of or in connection with the interpretation and/or performance of these GCU, the courts of competent jurisdiction shall be those designated in the Code of Civil Procedure.
12.1. The Company can be contacted at any time by email at the following address: email@example.com.
12.2. The Company can be contacted by mail at the following postal address: 64, Rue Jean-Pierre Timbaud - 75011 - Paris.
12.3. The Company can also be contacted by telephone at the following number: 01 85 54 00 49.