Access and usage terms and conditions for users of Industry Plaza website
Article 1 : Definitions
These general terms and conditions of use apply to Users of the Industry Plaza service (the Service), a professional networking website, accessible at https://www.industry-plaza.com/ (the Site) published by IPD (Créteil Trade and Companies Register no.490 727 633) , 20 rue des Aqueducs – 94250 GENTILLY (France).
Users: individual, professional people who visit the Site to consult the content published online by the Advertisers and/or to use the Industry Plaza service.
The Service: service that provides access to commercial information provided by the Advertisers and that allows Users to request quotations or information from the Advertisers.
Advertisers: professionals who may receive requests for quotations from Users.
Article 2: Purpose
Access to the Service shall be subject to Users' acceptance of and compliance with these general access and usage terms and conditions (hereinafter, the "General Terms and Conditions") whose aim is to define the terms and conditions for access and use of the Industry Plaza Service and, in particular, IPD's and the Users' rights and obligations. The Service is aimed exclusively at professionals.
Further proposed services may, in addition, be governed by specific conditions, communicated as needed at the time of subscription to the relevant service. Access to the Service in question and its usage assume prior consultation and acceptance of these specific conditions, which shall then form an integral part of this contract. In the event of a contradiction, the specific conditions shall supersede the terms of the General Terms and Conditions.
Except where otherwise stipulated, any improvement in the Service or any new service shall be subject to the General Terms and Conditions.
If Users do not wish to accept the General Terms and Conditions or any conditions relating to the proposed services, they are asked to surrender all use of the Service and/or any potential additional services offered via the Site.
The General Terms and Conditions and specific conditions are the only ones that shall be applicable. No tolerance may be construed as representing the surrender of any one of the rights or obligations stemming from the present conditions.
Article 3: Conditions of access to the services
The Service may be accessed through the internet network, notably at the Site's internet address indicated above. For maintenance reasons, IPD reserves the right to momentarily and without prior notice suspend access to the Service, wholly or partially, without the unavailability that may result from this granting the right to any kind of compensation in favour of Users.
Additionally, as a result of the nature of the internet network, Users recognise and accept that IPD cannot be held responsible for any interruptions of or alterations to the access to the Service which may stem from the network itself, from the means of connection used by Users, or from any other cause external to IPD.
It is made clear that all materials and software required to access and make use of the Service shall remain the exclusive responsibility of the User.
3.1 Access methods
Use of the Service does not require the prior creation of an account, but assumes that Users have filled in a form detailing their needs and giving their details, and that said Users have accepted these General Terms and Conditions. Users shall commit to providing truthful, accurate, up-to-date and complete information about their identity, as well as any information requested in the form.
In the event where Users have supplied false, inaccurate, out-of-date or incomplete information, IPD shall have the right to refuse immediate and future access to all or part of the Service. Users may, at their discretion, modify and/or update the information and personal details provided by writing to data-protection@industry-plaza.com.
3.2 Personal data
In accordance with legal stipulations, Users have the right to access, amend, delete and oppose any personal information that they have disclosed to IPD. They may exercise these rights by sending an email to the following address: data-protection@industry-plaza.com. In compliance with this law, IPD's gathering and storage of personal information has been the subject of a declaration to the CNIL (the French National Data Protection Agency), made under reference no. 1589866.
In application of the French Law for Building Confidence in the Digital Economy, dated 21 June 2004, Users' personal data may at their request be sent by email to Advertisers so that they may prepare quotations responding to the request that has been sent.
This data may be transferred or leased to commercial partners for commercial prospecting purposes. Users may oppose such usage at any time by sending an email to the following address: data-protection@industry-plaza.com, or by following the procedure indicated in each email sent.<br />Users nonetheless recognise that such opposition may make it impossible for IPD to enable a relationship between them and the Advertisers.
Article 4: Usage of Industry Plaza by Users
In order to use the Service, Users shall provide the information requested - including, in particular, their details and their needs. <br />By clicking on the CONFIRM or SEND THE REQUEST buttons, Users expressly authorise IPD to send the information entered via the Site to the Advertisers selected by our teams in response to the User's request, with the understanding that requests may be sent to up to 5 different Advertisers. The quotations and data shall be sent to Users directly by the Advertiser or Advertisers who wish to reply to the request.
Users shall remain completely free to follow up on or disregard the quotations received. The relationships between Users and Advertisers replying to requests for quotations by means of the Site shall be governed in accordance with Article 6.2 below.
Users agree not to clone any aspect, attribute or identifier that may mislead or create any confusion whatsoever in relation to their identity, or distort data or information which they may be aware of, or use this data or information in order to misdirect clients of the Advertisers.
Users agree to comply with and ensure compliance with all secure access, and more generally not to hinder or disrupt the access to and functioning of the Service.
It is clarified that Users may not under any circumstances implement automated and/or mass-scale methods of querying and/or extracting all or part of the searchable databases on the Site.<br />Users are solely responsible for the use they make of the Service and the information sent via the Service.<br />In particular, the use of information and data of any nature that is available through the Service shall be the sole responsibility of the User, and the decisions or actions which Users are prompted to take or to carry out in consideration thereof may not invoke any liability other than their own. Users are the sole judge of the exhaustiveness and usefulness to them of the information transmitted. As a result, they agree to use the information wisely and to bear the risks arising from it.
Article 5: Financial terms and conditions
The Service shall be provided to Users free of charge.
Article 6: IPD's responsibility
Within the context of the present conditions of usage, IPD shall be held to a best-efforts obligation.
6.1 Distributed content
IPD makes every effort to ensure the good quality of information that it distributes. All content available through the Service nonetheless remains the sole responsibility of its author or issuer, except for content created by IPD. As a result, IPD may not be held responsible for messages, information or content which it has not created or produced directly, in particular the trustworthiness or appropriateness thereof, and generally for any error or omission that these may include, particularly as regards quotations issued by the Advertisers in response to requests from Users using the Site as an intermediary. IPD may not, therefore, be held responsible for any damage whatsoever which may result from the aforementioned.
6.2 Relationships between Users and Advertisers
IPD does not guarantee responses from the Advertisers to Users' requests or the timeframe within which such responses shall be given. Any correspondence, exchange or relationship of any kind whatsoever, particularly that of a promotional or commercial nature, established between the User and an Advertiser shall bind and commit only the User and the Advertiser in question.
As a result, any terms, conditions, guarantees, declarations, payment or delivery of any kind which may result from the aforementioned shall involve only the commitment of the User and the Advertiser with the full exclusion of IPD, who may not be held liable for any losses or damages whatsoever resulting from Advertisers' offers or from the agreements and services that stem from these.
6.3 Provision of the Industry Plaza service
The Service shall be provided as-is to Users, who make use of it at their own risk It shall be accessible based on its availability.
In particular, IPD does not guarantee that the Service shall be uninterrupted, or even that it shall be appropriate, exhaustive or without error, or that all products, services, details or information obtained by Users through the Service shall respond to and/or meet Users' expectations.
IPD may not be considered responsible for any breakdown, interruption in the commercial offering or loss of data whatsoever and, more generally, for any damages incurred by Users or by their computers as a result of the use or inability to use the Industry Plaza service or the acquisition, receipt or downloading of information at the time of using the Service, or of unauthorised access to the Service by another User or by a third party, or of the modification of information or databases relating to the User, or of making use of the Service through any other form.
6.4 Hypertext links
The Site may offer links to other internet sites or other resources available on the internet. Insofar as IPD has no control over these sources, IPD may not be held liable for any damages whatsoever which result from the content of these sites or external sources, in particular information, products or services which they offer or any usage that may be made of these items.
Article 7: Intellectual property
Users commit to respecting all intellectual property rights of IPD and any other third party, and in particular the rights of trademark, patent, copyright and ancillary rights, and also the "sui generis" right of IPD as creator of the databases.
The use that Users make of the items constituting the Service which are protected by intellectual property rights, whether software-related or otherwise, is clearly non-exclusive and strictly limited to their own personal use. Users may not transfer the right to use the Service and the protected elements it contains to anyone, and are not authorised to perform any decompilation operations on the software elements. They are not authorised to use, wholly or partially, any of the protected elements whatsoever in order to create or operate works derived from these elements.
It is made clear that the usage granted to Users under the present conditions does not imply and does not include any transfer whatsoever to them of any intellectual property right whatsoever over the elements used, whether in relation to the site itself or to its content. The entirety of these rights shall, except where otherwise indicated by a specific separate agreement, remain the exclusive property of IPD.
Any whole or partial representation of the Site made in any manner whatsoever without express prior authorisation from IPD is forbidden, and constitutes an infringement punishable under Articles 335-2 et seq. of the Intellectual Property Code.
The IPD branding present on the Site is trademarked. Any full or partial reproduction of this branding without express authorisation from IPD is therefore forbidden.
Article 8: Non-transferability
Users may not transfer all or part of the rights and obligations resulting from the present conditions without express prior authorisation from IPD.
Article 9: Moderation
Requests for quotations and information made by Users of the Service shall be subject to moderation. Any violation by Users of any of the stipulations contained within the General Terms and Conditions shall lead to the non-transmission of their requests to Advertisers.
Article 10: Competent jurisdiction and applicable law
The General Terms and Conditions shall be governed by French law.
IN THE EVENT OF DISPUTE, EXPRESS JURISDICTION SHALL BE AWARDED TO THE COMMERCIAL COURT OF NANTERRE, NOTWITHSTANDING MULTIPLE DEFENDANTS OR AN ACTION TO ENFORCE A GUARANTEE, EVEN FOR URGENT PROCEEDINGS OR PROTECTIVE SUMMARY OR ON-DEMAND PROCEEDINGS.
Article 11: Miscellaneous
If one of the terms of the General Terms and Conditions may be deemed illegal or unenforceable by a court decision, the other stipulations shall remain in force.
IPD reserves the option to also provide notification by fax or by post based on the details provided by Users at the time of registration.
The information provided by the Site shall be valid between the Parties. Elements such as the time of receipt or time of sending, as well as the quality of the data received, shall by priority prevail as featured in the Service's information systems, or as authenticated by the Service's computerised procedures, unless written evidence indicating otherwise has been provided by the User. Evidence provided of the information released by the Service's computer systems must be in the form of an original written paper or electronic document, signed in handwriting or validated electronically.
Article 12: Unsubscribing from newsletter(s)
Users may unsubscribe from newsletters through a range of methods:
- - from within the newsletters themselves, by clicking on the 'unsubscribe' links contained therein or by sending an email to the dedicated email address
- - by sending an email at any time to the following dedicated email address: data-protection@industry-plaza.com. Users must specify the name of the newsletter from which they wish to unsubscribe.
Users are informed that unsubscribing from the newsletter(s) may take a few days to process, and shall not undermine any potential contracts for subscription for any service or publication that they may have otherwise entered into or signed up for, and cannot be used as justification for any partial or full reimbursement for this/these subscription(s).
29.09.2016
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