SUPERBIEN, a limited liability company with share capital of €8,000.00, registered with the Paris Trade and Companies Register under number B 518 001 730, having its registered office at 14, rue Crespin du Gast, Paris (75011) France, has created and operates the Internet website [to be completed by the last address of the website] (hereinafter, the “Website”), of which it is the publisher (hereinafter “SUPERBIEN”).
2. Coming into force
The present GTU come into force on the date they are published. They are binding on the User as from the date of the first use of the Website, during the entire duration of its use, until the modification of the present GTU.
3. Access to the Website
Access to the Website is free for any User with Internet access. The User is solely responsible for the proper functioning of his computer equipment and his access to the Internet. The service is available 24 hours a day, 7 days a week. However, Superbien reserves the right, without prior notice or compensation, to temporarily close the Website or access to one or more of the services of the Website, includes, but is not limited to, carrying out maintenance or update operations or changes in the hours of accessibility, without this list being restrictive. Superbien will not be held liable for the unavailability of the Website for any reason whatsoever.
4. Obligations and liability of the User
The User is forbidden to communicate information:
- That is false, inaccurate or misleading;
- That is defamatory or slanderous;
- That infringes the copyright, patent rights, trademark rights, trade secrets, other intellectual property rights, the right of disclosure or the privacy of third parties;
- That violates French law and/or applicable law;
- That contains viruses, Trojans, worms, time bombs, cancelbots or any other computer program designed to damage or compromise any computer system, data or personal information;
- That attempts to mislead other users by impersonating or damaging the identity or corporate name or the image or reputation of others and/or poses as a third party or as an employee, authorized department or affiliate of SUPERBIEN;
- That disrupts, slows down, blocks or alters the normal flow of data exchanged through the Website;
- That fraudulently accesses, maintains, hinders or disrupts SUPERBIEN’s information systems and, in particular, the servers or networks connected to the Website, or refuses to comply with the requirements, procedures, general rules or regulatory provisions applicable to the networks.
The User agrees to comply with the relevant legal provisions applicable to information circulating on the Internet and/or the Website and shall in any event remain solely liable for any infringement of the rights of third parties that may result from his/her use of the Website.
The User is the sole judge of his/her ability whether legal, contractual and/or judicial, to access and/or use the Website. In this respect, by using the Website, the User acknowledges that he/she is not in breach of any legal, contractual or statutory provision. The User agrees to use the Website and its services for purposes consistent with public policy, public security and morality and shall in any event remain solely liable for any breach of public policy, public security and morality that may result from his/her use of the Website.
In general, the User guarantees SUPERBIEN against any claim, action and/or demand to which it may be subject in this respect and assumes responsibility for all sums, damages, costs, attorneys’ fees and expenses to which SUPERBIEN may be ordered as a consequence.
The general structure, as well as the software, texts, images, whether animated or not, sounds, know-how, and all other elements that the Website is composed of, are the exclusive property of SUPERBIEN or its partners.
Any total or partial reproduction and representation of the Website and its elements without the prior written authorization of SUPERBIEN is prohibited and constitutes an infringement punishable by Articles L. 335-2 et seq. of the French Intellectual Property Code.
SUPERBIEN’s trademarks and its partners’ trademarks, as well as the logos appearing on the Website, whether semi-figurative or not, are registered trademarks. Any total or partial reproduction and representation of these brands or logos taken from parts of the Website, without the prior written authorization of SUPERBIEN, is therefore prohibited, as stipulated in Article L. 713-2 of the French Intellectual Property Code.
These GTU do not imply any transfer to the User of any kind of intellectual property right governing the items belonging to SUPERBIEN or to rights holders, such as sounds, videos, photographs, images, literary texts, artistic works, software, trademarks, graphic charters or logos. Any other use not expressly authorized in writing and in advance by SUPERBIEN is prohibited and constitutes counterfeiting.
The Website and its content are provided without any guarantee, including any guarantee of performance. SUPERBIEN excludes all warranties, to the extent permitted by law. In this respect, specifically, SUPERBIEN does not guarantee that the Website will always be accessible or without error and/or defects. In this context, it should be noted that access to the Website may be suspended, due to (i) the hardware and/or software maintenance of the Website server, and/or (ii) the hardware, software and/or editorial maintenance of the Website, and/or (iii) the occurrence of a force majeure case. The temporary or permanent unavailability of the Website will not give rise to any claim for damages or any other form of compensation.
It should be noted that (i) data transmission over the Internet is only relatively reliable, as it runs on heterogeneous networks with various characteristics and capacities that may be saturated at certain times of the day and may impact download times or data accessibility, (ii) the Internet is an open network and, consequently, the information it conveys is not protected against risks of hijacking, hacking into your system, piracy of data, programs and files on the system or contamination by computer viruses, and (iii) it is the User’s responsibility to take all appropriate measures to protect his/her system and content against contamination by viruses by way of attempted hacking. Consequently, SUPERBIEN shall not be liable for any damage resulting from access, use and/or unavailability of the Website, and particularly for any loss of data/programs, contamination by viruses, financial and/or commercial damage and/or loss of image. SUPERBIEN reserves the right to carry out maintenance and updates during which products and services will not be available. SUPERBIEN reserves the right to add or remove features, modify the layout of the tool or insert links, whether promotional or not.
In its capacity as publisher of the Website according to article 6. III-1 of the LCEN, SUPERBIEN is liable for the content published on the Website.
7. Personal data
8. Applicable law
These General Terms and Conditions are governed by French law.