Terms of use

Please carefully read this privacy policy in order to understand how your personal data is gathered, processed and stored when you use our Services.

1. Legal Information

These terms of use (“Terms”) apply to your access to, and use of the Services of PACDIV (“PACDIV”, “we”, “us”, or “our”), company incorporated under the laws of France having its registered address at 1 rue Danielle Casanova, 94120 Fontenay Sous Bois registered within the commercial trade register of Créteil under number 828583286.

Our email address is: [email protected].

Our Services are hosted by Netlify, Inc having its registered address at 2325 3rd Street, Suite 296, San Francisco, California 94107.

The term “Services” refers to the use of the present website.

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

2. User Account

Access to our Services requires the creation of a user account which implies acceptance of these Terms and the provision of mandatory personal information. For more information about how we use the personal data collected when creating your personal account, please refer to our privacy policy here.

You are responsible for maintaining the confidentiality of your user account credentials created and enabling to log on to your user account. In case of fraudulent use of credentials, you are invited to inform PACDIV as soon as possible.

3. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while accessing or using the Services. You agree that you will abide by these Terms and will not:

  • Use or attempt to use another user’s account without authorization from such user and PACDIV;

  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any features or areas of the Services, except as expressly permitted under applicable law;

  • Develop any third-party applications that interact with User Content or the Services without our prior written consent;

  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Materials or functionality;

  • Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

4. User Content

The Services include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, user-generated content, articles, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, ”User Content”). In the event that you decide to share your User Content with others through the Services or third-party platforms, you understand that this User Content will be freely viewable by others.

You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services. By posting, uploading or otherwise submitting User Content, you represent and warrant that (a) such User Content is non-confidential; (b) you own all intellectual property rights (or have obtained all necessary permissions) to provide such content and to grant the licenses set forth herein; and (c) the User Content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.

We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

Except as otherwise provided in these Terms or in a separate agreement, we do not claim any ownership or control over your User Content. However, by uploading, posting or otherwise submitting User Content, you grant PACDIV, for the maximum period afforded under intellectual property laws, a non-exclusive, royalty-free, worldwide, transferable and fully sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content and your name, on the Services, on third-party sites and mobile applications, and in all other media or formats, whether now known or hereafter developed, for any purpose, including for PACDIV’ commercial purposes.

5. Use of our Materials

Unless otherwise indicated, all content and other materials contained on the Services, including, without limitation, our logos and all designs, text, videos, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Materials”) are the proprietary property of PACDIV or our licensors and are protected by national and international copyright, trademark and other intellectual property laws.

Except as expressly permitted by law or by PACDIV in writing, you will not reproduce, redistribute, sell, create derivative works or subsequent versions, decompile, reverse engineer or disassemble our Services (except in cases where you have the right to do so under applicable law), nor will you take any measures to interfere with or damage our Services.

Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of PACDIV.

6. Services availability

We procure our best efforts to offer an uninterrupted access to our Services, but we shall in no event be held liable in the event of impossibility of access our Services due to constraints inherent to the functioning of the Internet or any other event beyond our reasonable control.

In any event, PACDIV remains at all times free to interrupt or suspend access to the Services, in particular for maintenance or maintenance purposes. PACDIV cannot guarantee that our Services are free from defects, errors or bugs. Our Services may also contain technical inaccuracies and/or typographical errors for which PACDIV declines any responsibility.

The user remains fully responsible for maintaining the security and integrity of its data, hardware and software when accessing or using the Services. PACDIV shall not be liable for any computer virus, bug, intrusion, or unauthorized external intrusion into the computer system, fraud, or technical malfunction, or any other reason beyond its reasonable control.

7. Third party sites

Our Services may include hypertext links to third party sites. The links reproduced to these third-party sites do not imply any endorsement of these third party sites by PACDIV. PACDIV does not exercise any control over the information, products and / or services offered by third parties on the aforementioned sites and therefore assumes no responsibility in this regard.

8. General provisions

In the event that any part of these Terms were to be declared invalid or inapplicable under applicable law, including but not limited to the exclusions from warranty and the limitations of liability outlined above, the invalid or inapplicable provisions in question shall be deemed replaced by valid and applicable provisions that are the best approximation to the intention of the original provision, while the other terms of these Terms remain in force and fully effective.

PACDIV shall be entitled to assign, transmit, sub-contract or delegate its rights, duties and obligations under these Terms to a third party.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed and enforced in accordance with the laws of France without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

Any dispute arising out of these Terms shall be settled by the courts of France. As a consumer residing in the EEA, you will benefit from any mandatory provisions of the law of the country in which you reside. Nothing in the present Terms affects your rights as an EEA consumer to rely on mandatory provisions of the law of the country of residence and to bring any action in front of the courts in which you reside.

Users may also have recourse to an alternative dispute resolution process. The European Commission provides consumers with an online dispute settlement platform accessible at the following address: http://ec.europa.eu/consumers/odr/ .

Policy updated on 29th June 2021

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