Article 1 : Definitions
Services: means all of the services offered by EPROFEEL to its Users and which are available on the www.eprofeel.us
Website: means the Website operated by EPROFEEL and which can be accessed at the following URL address: www.eprofeel.us
User: means any competent person of legal age using the Services offered on the www.eprofeel.us
Exhibitor: means any company or group of companies with an online interactive Stand on the www.eprofeel.us
Website and as such is publishing its own content under its own responsibility.
Exhibitor Account: means the tool made available to businesses to facilitate the creation and management of their virtual Stands.
Content: means all information, data, text, videos and photographs, etc. provided by EPROFEEL and/or third parties (Exhibitors and Advertisers), made available to Users on the www.eprofeel.us
Exhibitor Data: means the professional information that the exhibiting company has given during its registration to the various services offered by EPROFEEL.
Intellectual Property Rights: means trademarks, domain names, copyright, drawings and models, or other intellectual property rights used by EPROFEEL and which are necessary to its activities.
Hyperlink: means the referencing system that works using a word, an icon or a logo, allowing the User to move from one document to another on the same website or from a page of one website to another page of another website using a simple click of the mouse.
Article 2 : Purpose
The purpose of these General Terms and Conditions of Use ("GTCU") is to define the Conditions according to which the User may access and use the Services and Content offered by the EPROFEEL Website. They constitute the entire and only contract between the parties and supersede any prior agreement regarding the subject matters discussed herein.
Article 3 : Acceptance and Modification of these "GTCU".
Any use of one of the Services offered by EPROFEEL on the Website implies full acceptance by the User of these "GTCU" in force on the day on which the User accesses the Website or registers for the Services offered by EPROFEEL, and requires the User to adhere entirely thereto.
These "GTCU" shall be available on the registration form for the Website or in the section "Legal Information" on the Website's home page. Unless otherwise expressly agreed, any new service or modification of service shall be subject to these "GTCU".
EPROFEEL reserves the right to change the terms of these "GTCU" at any time. These changes shall bind the User as soon as they are placed online. Therefore, the User is responsible for regularly reviewing the "GTCU", which are always available on the Website. Any use of the Services following modification of the "GTCU" constitutes tacit acceptance by the User of the new "GTCU".
Article 4 : Personal Data Protection
EPROFEEL offers Users of its Website an introduction to its Exhibitors through the following services:
- Request for documentation;
- Questions by email;
- Specific instructions sent by e-mail, (e.g. registration to the Exhibitors' newsletters and the sending of samples or specific documentation, etc.);
- Webcallback (immediate free callback).
In these cases, by actively approaching an Exhibitor, the User is authorising EPROFEEL to pass any data necessary for the fulfilment of its request to the Exhibitor concerned.
The User authorises EPROFEEL to communicate its personal data to Exhibitors and can withdraw this authorisation at any time by sending an email to that effect to EPROFEEL.
Article 5 : Intellectual Property Rights
The User acknowledges that the content of the Site, including, but not limited to, text, photographs, illustrations, videos, software and programmes, sounds, music, formatting, graphic charter, logos, or any other information or media presented by EPROFEEL, the Exhibitors and/or advertisers are protected by copyright, a brand, a patent and other intellectual property rights accorded to them under the regulations in force.
No provision of these "GTCU" may be interpreted as transferring these intellectual property rights to the User.
EPROFEEL only concedes to Users a personal and private license to use the Content of the Site. This licence is non-exclusive, non-assignable and non-transferable, and revocable at any time by EPROFEEL, at its sole discretion, and allows Users to use the Services offered on the Website and to:
- reproduce the Content solely on their computers and for their strictly personal and private use;
- access the Content on their computers for strictly personal and private purposes.
Accordingly, any access, reproduction or extraction not authorised by EPROFEEL of the Website's Content is strictly prohibited under penalty of prosecution. The offender shall be subject to civil and criminal penalties, including the penalties provided for in Articles L. 335.2 and L. 343.1 of the French Intellectual Property Code.
Similarly, any use of the mark "eprofeel" and of all other marks, whether figurative or not, owned by EPROFEEL or third parties, without prior and express authorisation, shall constitute an infringement punishable under the French Intellectual Property Code.
All Users of the Services and Content undertake to respect the integrity thereof and to refrain from any action likely to threaten this integrity.
Article 6 : Liability
EPROFEEL shall take as much care as it deems necessary when creating the Content placed online on its Website. However, EPROFEEL does not provide any guarantee as to the accuracy, quality, completeness and reliability of the Content made available to the User via the Services offered on its Website.
In this respect, the User acknowledges that it uses the Content provided on the Website at its own risk. EPROFEEL accepts no liability relating to the use of Services, and in particular in the event of loss(es) or damage of any kind suffered by the User, such as loss of savings or profits, loss of data and delays and omissions in the transmission of Content.
The Website contains hyperlinks to websites operated by third parties. EPROFEEL has no control over these sites nor can it assume any liability for their content in the event that such third party sites fail to meet current or future legal and regulatory provisions, and EPROFEEL cannot be held liable for the consequences of such a failure. The insertion of these links does not signify that EPROFEEL approves the content of these sites. By clicking on the hyperlinks contained in the Website, the User will be redirected to other sites and EPROFEEL declines all liability or obligation as to the accuracy or the content of the information provided on these sites or any other aspect of them.
Similarly, Users use the Services at their own risk, including with respect to the downloading of data, files or software that may damage their computer. In particular, EPROFEEL shall not be held liable for any loss of data, viruses, computer bugs or damage affecting their computers.
EPROFEEL does not guarantee that the Services offered on the Website will meet the Users' expectations and requirements or that access to the Website will be uninterrupted, secure and fully compatible with the Users' hardware and software.
Furthermore, it cannot be held liable for a failure to adhere to the response time given by the Exhibitors within the context of a service request or for a lack of response (webcallback, request for documentation and email response, etc. .).
EPROFEEL does not guarantee the quality of content not created by EPROFEEL and/or its compliance with the Law, including the content and opinions placed online by Users in blogs or discussion forums. Finally, Users acknowledge that they publish information in blogs and discussion forums at their own risk.
Article 7 : Accessibility to Services
EPROFEEL shall seek, wherever possible, to ensure that its Website is accessible 7 days a week, 24 hours a day, 365 days a year, but may temporarily suspend access for maintenance and upgrade operations, or for any other reason, including technical reasons. EPROFEEL shall not be held liable in any event for these interruptions and the resulting consequences for Users.
Similarly, EPROFEEL reserves the right to suspend, discontinue, modify or terminate one or more of the Services offered on the Website, at any time and without notice, without having to give reasons. In this case, EPROFEEL shall not be held liable in any way whatsoever.
Article 8 : Links to the Website
EPROFEEL authorises hyperlinks to its Website to be placed on all websites, other than those disseminating polemic, pornographic or xenophobic information or, more generally, information that may be deemed offensive to the general public.
The Website should appear in a new window.
The pages of the Website may in no event be embedded into the pages of another website.
In all cases, EPROFEEL reserves the right to request the removal of a link if it considers that the target site does not meet the above rules.
Article 9 : Internet Limits
Users state that they are familiar with the specificities of the Internet, its characteristics and its limits, and particularly the fact that the reliability of data exchange over the Internet cannot be guaranteed and that data is being exchanged via heterogeneous networks offering different technical characteristics and capabilities, which sometimes causes overloading and interruptions.
EPROFEEL cannot be held liable for any loss or alteration of data, loss of profit, turnover, opportunity, time or direct or indirect damage, caused by malfunctions, network interruptions or errors in the exchange of data over the Internet or rerouting or unauthorised entry relating to these data.
Article 10 : Severability
Should any part of the "GTCU" is found to be illegal, invalid or unenforceable, the term or terms in question will be removed from the "GTCU" and the remaining terms will remain in force, retain their full effect and continue to be applicable.
Article 11 : Applicable Law - Jurisdiction
These "GTCU" are subject to French law. The courts of Avignon shall enjoy exclusive jurisdiction over any dispute relating to the interpretation and performance of these conditions that cannot be resolved out of court.