Terms of Use of the Site
Last updated: April 30th, 2021
PREAMBLE
This website (the “Site”) is made available by Omnicom Public Relations Group (hereinafter “OPRG”), a Société par Actions Simplifiées organized and existing under the laws of France, with capital of €872,115, having its registered office at 73 rue de la Condamine – 75017 Paris, registered with the Registre du Commerce et des Sociétés of Nanterre under number 414 079 251.
This Site is not intended for consumers.
- PURPOSE, ACCEPTANCE AND CHANGES TO THESE ToU
- 1.1. The access and use of this Site (including all or part of its content) by any Internet user (the ”User” or “you”) are governed by these Terms of Use (hereinafter the ”ToU”).
- 2. Please read these ToU carefully before using this Site or the services offered on or through the Site, since they set out your rights and obligations, as well as those of OPRG. Access to the Site, its use and the use of the services that may be offered on or through it, imply acceptance without restriction or reservation of the terms of these ToU by the User. If you do not agree to be bound by these ToU, you are not authorized to use the Site or the services offered and must immediately stop using them.
- 3. You may consult these ToU directly on our Site at any time. OPRG reserves the right to modify the ToU at any time. Such modifications shall be effective immediately upon posting the modified Terms of Use on the Site. By using the Site after we have posted the modified Terms of Use, you are deemed to have accepted them without reservation. The ToU applicable are those in effect on the date you browse on the Site.
- INTELLECTUAL PROPERTY
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- 2.1. The structure of the Site and all the graphic, textual, visual and photographic elements appearing on it, in particular the illustrations, texts, design, modes of presentation, slogans, graphics, images, photographs and other content (hereinafter the “Content”) are and shall remain the exclusive property of OPRG or are under license to OPRG and are protected, in particular by intellectual property rights.
- 2.2. In particular, the trademarks, logos, corporate names, acronyms, trade names, insignia, domain names, names of products and services used on this Site, whether registered or not, constitute distinctive signs or commercial names (hereinafter “Distinctive Signs”) that are and shall remain the exclusive property of OPRG or are under license to OPRG.
- 2.3. Subject to complying with these ToU, OPRG grants Users a personal, non-exclusive and non-transferable right to access and use the Site, its Content and/or the Distinctive Signs for the sole purpose of viewing the Site (to the exclusion of any commercial use in particular).
- 2.4. Consequently, any display/performance, reproduction, modification and/or exploitation, in whole or in part, or other use of the Site, its Content and/or Distinctive Signs, by any means/process and on any medium whatsoever, in particular by storing the information on another medium, for purposes other than those expressly contemplated in these ToU without the express prior written consent of OPRG is prohibited and may incur your liability.
More specifically, without prejudice to section 2.3, you agree not to:
- copy, reproduce, display/perform, distribute, or publish on a permanent or temporary basis, all or part the Site and/or of its Content and/or Distinctive Signs by any means and on any medium known or unknown to date;
- create any works derived from the Site and/or its Content and/or the Distinctive Signs;
- alter, translate, adapt, or arrange, in whole or in part, the Site, its Content and/or the Distinctive Signs;
- disassemble, decompile, or reverse engineer the Site and/or its Content;
- directly or indirectly extract, use, store, reproduce, display/perform or keep, in whole or in part, a qualitatively or quantitatively substantial part of the content of one or more of OPRG’s databases (or proceeding with the extraction or reuse on a repeated and systematic basis of qualitatively or quantitatively non-substantial parts of the contents of one or more of OPRG’s databases), without the prior written consent of OPRG;
- distribute, transmit, disseminate, sell, rent, market, license or exploit, in any manner whatsoever, without the express prior written consent of OPRG, all or part of the Site and/or of its Content and/or the Distinctive Signs.
- 2.5. You agree not to access and/or use the Site for any illicit purposes (for instance, to market or restrict, directly or indirectly, access to the Site or to its Content) and/or to harm the image or the reputation of OPRG or, more generally, infringe its rights, including intellectual property rights or those of third parties.
- PERSONAL DATA
- 3.1. Whenever you browse on our Site, OPRG may collect and use your personal data.
- 3.2. For more information about how OPRG processes your personal data, please refer to OPRG’s Privacy Policy, available here.
- HYPERTEXT LINKS
- 4.1. No hypertext link directing to the Site can be created without the express prior written authorization of OPRG. Requests for authorization should be sent to the publication director of the Site at the following address: [email protected]
- 4.2. The Site may contain hypertext links directing to other websites or, more generally, to other resources available on the Internet. Since OPRG has no control over such third-party websites or resources, OPRG makes no representations whatsoever about the availability and content of such sites and resources, and disclaims any liability for the content (advertising or other), products, services or other materials available on or from such external sites or resources.
- 4.3. OPRG also disclaims any liability for any actual or alleged damage or loss arising out of or in connection with the use of, or reliance on, any content, goods or services available on such third-party websites or resources. Access to such third-party websites/resources is entirely at your own risk.
- WARRANTY – LIABILITY
- 5.1. The Site and its Content are provided “as is”. OPRG does not warrant that your use of the Site or its Content will be uninterrupted or error-free.
- 5.2. The Site is normally available 24/7, subject to:
- events of force majeure as defined by the French courts, including, but without this list being limitative, natural disasters, fires, power grid malfunctions or interruptions, terrorist attacks, strikes, wars, pandemics;
- the availability of the Internet network. The Internet and the computer/IT and telecommunications systems used to access and use the Site are not error-free and interruptions and failures may occasionally occur;
- suspensions of the Site for technical reasons relating to the updating of the Site, its maintenance or any other technical reason.
- 5.3. OPRG agrees to make its best efforts to correct any malfunction brought to its knowledge (such engagement being a duty of best efforts (“obligation de moyens”) and not a duty of strict performance). However, OPRG’s liability may not be incurred if it is required to suspend the Site without notice on a temporary or permanent basis, including for technical and/or maintenance reasons, regardless of the origin or cause. OPRG disclaims any liability for any inconvenience or damage related to the use of the Internet.
- 5.4. You are solely responsible for any use you make of the Site or of any services you access from the Site.
- 5.5. It is up to Users to take all appropriate measures to ensure the security of their equipment, data, software or other, in particular against infection by any virus and/or attempt of intrusion of which they could be victims. OPRG is not responsible for any malfunction of any nature whatsoever relating to the User’s computer/IT equipment or Internet connection, when accessing the Site and or services offered on the Site.
- 5.6. OPRG may not be held liable for:
- direct and indirect damages, including loss of profits, business, data, time or other intangible property or commercial loss, arising out of (a) the access, use or inability to use the Site (and/or any related sites), the services offered by the Site or the Site’s Content (and/or any related sites) including in the event of a ban on access to the Site decided by OPRG under these ToU; (b) any transaction carried out on or facilitated by the Site (and/or any related sites); (c) any claim attributable to errors, omissions, or other inaccuracies contained on the Site and/or in its Content (and/or any related sites) or the services offered by the Site (or any related sites); (d) alteration of your transmissions or data; or (e) any other matter in connection with the Site and its Content (and/or any related sites) or any services offered by the Site, even if OPRG has been advised of the possibility of such damages;
- in case of abnormal or illicit use of the Site.
- OPRG reserves the right to refuse access to all or part of the Site to any User for any reason whatsoever, at any time and at its sole discretion without owing any damages to the User. In this respect, OPRG may block the User’s IP address or addresses at any time, without notice and at its sole discretion to refuse the continued use of the Site by the User, as is hereby acknowledged by the User. OPRG reserves the right to take any measure it deems suitable, at its sole discretion, in respect of violations of these ToU, and expressly reserves all the rights and remedies available to it.
- CHOICE OF LAW AND VENUE
- 6.1. These ToU are governed by and shall be construed in accordance with the laws of France.
- 6.2. In the event of any dispute that may arise out of or in connection with the application, interpretation and/or performance of these ToU, the parties agree to make every effort to resolve the dispute amicably prior to any legal action or recourse to mediation.
- 6.3. Thus, in the event of dispute between a User and OPRG, the parties agree to attempt to negotiate in good faith a resolution to the dispute. If the parties fail to settle the dispute after thirty (30) business days of negotiation, it may be brought before the competent court of Paris having exclusive jurisdiction.
- MISCELLANEOUS
- 7.1. These ToU express the entire agreement between OPRG and the User regarding access and use of the Site and its Content by the User and replace any prior agreement that may have been entered into between the User and OPRG having the same subject matter.
- 7.2. If one or more provisions of these ToU is found invalid or unenforceable under any applicable law or regulation or by decision of a court of competent jurisdiction, such provision(s) shall be severed/removed, but without this affecting the validity or the enforceability of the remaining provisions of these ToU.
- 7.3. The fact that OPRG is not exercising any one of the rights/provisions which it holds under these ToU shall not be construed as a waiver of such provision or of the right to subsequently enforce that provision and/or to seek damages for any breach of such provision.