Terms and Conditions
Effective date: January 2019
Welcome to the Terms & Conditions (“T&C”) of privowny.io. They govern any use of privowny.io. Please read them carefully.
Privowny.io ("Website") is a website developed by Privowny France S.A.S. (“Privowny” or “we” or “us”). Privowny.io provides its users and visitors (“you”) with services such as a Contact Page, information about our company, our products and services, and our modules (“Service”).
1. Acceptation of our Terms & Conditions
By accessing and using the Website, you agree to be bound to our T&C which form a legal agreement between you and Privowny. These T&C do not create any third-party beneficiary rights. To access and use the Website you must be at least 15 years of age.
a. Use of the website
b. Prohibited activities
You agree NOT to engage in the following prohibited activities when accessing or using the Website:
a) Copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”;
b) Using any automated system, including without limitation robots, spiders, offline readers, etc, to access the Wesbite in a manner that sends more request messages to the Privowny servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Privowny grants the operators of public search engines revocable permission to use spiders to copy materials from the Privowny corporate website(s) or the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials) ;
c) Transmitting spam, chain letters, or other unsolicited email;
d) Attempting to interfere with, compromise the system integrity or security or decipher any transmission to or from the servers running the Website;
e) Taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
f) Uploading viruses, worms, or other software agents through the Website;
g) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity or conducting fraud;
h) Interfering with the proper work of the Website;
i) Accessing any content on the Website through any technology or means other than those provided or authorized by the Website;
j) Bypassing the measures we may use to prevent or restrict access to the Website, including without limitation of use of the Website or the content therein;
k) Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
l) Using this Website to engage in any advertising or marketing without our explicit consent;
m) Selling, sublicensing and/or otherwise commercializing any Website material;
n) Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.
c. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Privowny, its affiliates, directors, employees or its licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use or, or inability to use, this Website. Under no circumstances shall Privowny be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or the information contained therein.
To the maximum extent permitted by applicable law, Privowny assumes no liability or responsibility for any:
a) Errors, mistakes, or inaccuracies of content,
b) Personal injury or property damage, or any nature whatsoever, resulting from your access to or use of our Website,
c) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein,
d) Any interruption or cessation of transmission to or from the Website,
e) Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Website by any third party,
f) Any errors or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Website, and/or
g) User content or the defamatory, offensive, or illegal conduct of any third party
This section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Privowny has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to defend, indemnify, and hold Privowny, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, in any way arising from, related to or in connection with your use of the Website, your violation of these T&C or the posting or transmission of any materials on or through our Website by you, including, by not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
3. Warranty Disclaimer
The Website, including, without limitation, all content, function, and materials is provided “as is”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Privowny does not warrant that the Service or the content will be timely, secure, uninterrupted or error free, or that defects will be corrected.
Privowny makes no warranty that the Service will meet your expectations or requirements.
No advice, results or information, or materials whether oral or written, obtained by you through the Website shall create any warranty not expressly made herein. If you are dissatisfied with the Website, please stop using it.
4. Intellectual Property Rights
For the purposes of these T&C, “Intellectual Property Rights” mean all industrial design rights, patent rights, copyright rights, trade and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, all applications and registrations, renewals and extension thereof, under the laws of any state, country, territory or other jurisdiction.
Except for the data you may have used in the "Contact" page, the Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto (“Privowny Content”) belong to Privowny and/or their rightful owners. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content, including Privowny Content, accessible on the Website. To use the Privowny Content or materials on the Website for any purpose not expressly permitted by these T&C is strictly prohibited and may result in legal proceedings against you, unless otherwise provided by the applicable law.
5. Governing Law, Jurisdiction
FRENCH LAW (the “Applicable Law”) APPLIES TO THE WEBSITE.
These T&C are governed, construed, and enforced in accordance with the laws of France.
Any claim or dispute arising out of or in connection with these T&C shall be litigated exclusively before the courts of Aix-en-Provence, France.
Some areas of the Website may allow you to post feedback, comments, questions, reviews, and other information ("Content").
You understand and agree that you are solely responsible for the Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Website, and you agree that we are only acting as a passive conduit for the online distribution and publication of your Content. You understand that whether or not such Content is published, Privowny does not guarantee any confidentiality with respect to any Content.
You agree not to post Content on the Website that:
a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
b) may create a risk of any other loss or damage to any person or property;
c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
d) may constitute or contribute to a crime or tort;
e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
h) contains any information or content that you know is not correct and current.
You agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined in article 4 of these T&C), rights of publicity and privacy.
Privowny reserves the right to reject and/or remove any Content that Privowny believes, in its sole discretion, violates these provisions.
Privowny takes no responsibility and assumes no liability for any Content that you or any other user or third party posts on the Website. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you post is solely your responsibility, without limitation. Privowny shall not be responsible for any public display or misuse of your Content by third parties.
You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Privowny shall not be liable for any damages you allege to incur as a result of such Content.
You retain all your ownership rights in your Content. By posting any Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Privowny a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Privowny’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
You may not assign your rights or delegate your duties under the T&C, either in whole or in part without Privowny’s prior written consent. Any attempted assignment without consent will be void. Privowny may assign or otherwise delegate its duties and rights under the T&C to any other party, including any Privowny affiliated entity, or as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. The T&C will bind and inure to the benefit of each party’s successors or assigns.
8. Entire agreement, T&C updates
If any provision of these T&C is deemed invalid by a court of competent jurisdiction, the invalidity or such provision shall not affect the validity of the remaining provisions of these T&C, which shall remain in full force and effect.
These T&C constitute the entire agreement between you and Privowny regarding the Website and supersede any prior agreements.
In order to reflect changes in our Website (e.g. add or remove features or functionalities) or comply with our legal obligations, we may update our T&C. If the modification is substantial, we will notify you by displaying a notice on this Website. To continue using our Website after this update, you will have to agree to the new version of these T&C, which will be binding.