The words below, with the first letter capitalised, will be defined as follows in this document:
Personal information : “information that in any way whatsoever, directly or otherwise, allows the natural persons to whom it applies to be identified” (article 2 of law no. 78-17 of 6th January 1978). In the context of this document, these provisions also apply to a corporation or any other legal entity. This includes the IP address of the User.
Complementary Personal Information : name, mail and email address and phone number of the User.
French Regulation : Regulation (law and all regulatory framework) in force in France.
User : : Internet surfer connecting to and/or using the Internet site. User can be registered or not.
Validity of information supplied by the User
If the User supplies information, he agrees to:
- provide genuine, accurate information that was up-to-date when it was input on the service registration form, and in particular not to use false names or addresses, or names and addresses that he is not authorised to use;
- keep the registration data up-to-date to ensure that it is always genuine, accurate and up-to-date;
- not make available or disseminate information that is illegal, objectionable (e.g. defamatory or obscene) or otherwise harmful, such as viruses;
- dono provide illegal information.
If these provisions are contravened, AMMed will be entitled to suspend or terminate the User’s access to the service, for which the User will be held to be exclusively to blame.
The User may access the site 24/24 and 7/7 unless otherwise stated.
AMMed cannot be held responsible if connection is technically unavailable, whether this is due in particular to force majeure, maintenance, update, site modification, operation by the hosting organisation, an internal or external strike, network failure, an electricity power cut or alternatively incorrect configuration or use of the User’s computer.
Use of data of the Website
Information about the AMMed included in the web site cannot be used by a third party in a commercial purpose.
According to the French Regulation, User is not allowed to broadcast through the site illegal messages or opinions, in particular those that could be considered as racist, defamatory or libellous.
Limitation of liability:
The User expressly accepts that he uses the site at his own risk and on his exclusive responsibility.
The information provided to the User by the site is for information and in the state that it is at that time. It may be modified at any time without notice.
In any event, AMMed can in no circumstances be held responsible for:
- any direct or indirect damage, particularly relating to loss of profits, loss of earnings, loss of customers or data that could, among others, arise from use of the site, or, conversely, from not being able to use it;
- malfunctions, lack of access, incorrect use or incorrect configuration of the User’s computer, or use by the User of an uncommon browser;
- the content of Deposited Files, advertisements and other outside links or sources that can be accessed by the User from the site.
Site publicity and sponsor
The site may contain advertising. In no circumstances can the site be held responsible either for the advertising content or for the consequences of any contractual relationship between the User of the site and the person who disseminated the advertising.
If a Webmaster wishes to set up a link from his site to the site, he must obtain express prior authorisation by making an application to e-mail address email@example.com. In any event, the Webmaster setting up a hypertext link agrees not to use deep linking, by which pages from the site are embedded in the pages of the Webmaster’s own site.
A User who is redirected to a third party’s Internet page by a hypertext link on the site acknowledges that AMMed has no control over the content of the sites to which he is redirected. Consequently, AMMed can in no circumstances be held responsible for any direct or indirect damage resulting from the use of sites that can be accessed via hypertext links in the site.
Copyright and intellectual property
All elements of the site (directory structures, formatting, programming, etc.) apart from specific disclosure are the exclusive intellectual property of AMMed.
Accordingly, they must not be represented, reproduced, embedded, disseminated or broadcast, wholly or in part, in accordance with the provisions of article L.122-4 of the French Code de la Propriété Intellectuelle. Any person who does so and who cannot provide evidence of prior, express authorisation from the holder of these rights incurs the penalties for infringement provided for in articles L.335-2 & seq of the French Code de la propriété intellectuelle.
Any authorized copy of any element of the website should disclose “Copyright, AMMed all right reserved”.
Marks and logos found on the site are registered by AMMed or one of its partners. Accordingly, any person who represents, reproduces, embeds, disseminates or broadcasts them incurs the penalties provided for in articles L.713-2 et seq of the Code de la propriété intellectuelle.
Contrôle de l’accès aux mineurs
Tout mineur est soumis à l’autorité parentale de ses parents ou tuteurs qui décident et surveillent la façon dont le mineur utilise le site.
Validity of all the contractual clauses
Applicable law – Attribution of jurisdiction
If the User is a professional, as defined by the French Regulation, Courts and Tribunal of Paris will have competency to hear such dispute.
Last Update :2011-05-08.