PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you, as the user, will be confirming your agreement to the following Terms without amendment. If you do not agree to these Terms, you may not access or use the website and should exit.
1. INTRODUCTION
This website is the only official website of NETELLISE.EU - it is operated and managed by NETELLISE.EU. You are provided with various services, features and resources (collectively, "Service") through the NETELLISE.EU website located at https://www.netellise.eu and associated URLs ("Site"), subject to your compliance with these Terms ("Terms"). Unless otherwise expressly stated, these Terms shall apply to any new features, services or resources that may be added to the Service.
The Site, its design and contents and the selection and arrangement thereof from time to time including all text-based, still and motion video, audio and audio-visual material, code and/or software ("the Materials"), are protected by copyright laws. NETELLISE.EU and/or its licensors and/or applicable third parties own the Materials and all copyright, trade marks, trade names and intellectual property rights in the Materials. You agree not to modify, copy, reproduce, broadcast, republish, sell, resell, exploit, create derivative works of or distribute in any way any portion of the Site, Service or Materials.
You may download Materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not store all or any portion of the Site, Service or Materials in any permanent form, whether archival files, computer-readable files or any other medium. If you download any software from this Site, the software, including any images or files included in or generated by the software and data accompanying the software are subject to the limited licence set out below. NETELLISE.EU and/or its licensors and/or applicable third parties retain all rights, title, interest and intellectual property rights in and to the software. You may not distribute, sell or transmit the software and you are not permitted to alter, modify or adapt the software.
2. LIMITED LICENCE
You are granted a personal, limited, non-transferable, non-exclusive right and license to access the Site and use the Service on a single device (computer, mobile...) solely for the purposes of accessing the Site and using the Service for its intended purpose, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the software, you at all time comply with the Terms and provided that all copyright, trade marks, and other proprietary notices are left in tact. The grant of this limited licence is conditional upon your agreement to and compliance with all of these Terms.
We need to be able to hold and display a copy of any Materials provided by you. For that reason if you provide any Materials to the Site you grant NETELLISE.EU a non-exclusive, royalty-free, perpetual worldwide license to use such Materials on the Site. You warrant that any such Materials (including all copyright and any other rights embodied therein) will be owned by you and that you have all the consents necessary to provide such Materials to us for use on the Site.
3. DISCLAIMER
You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site or Service for the reconstruction of any lost data. Additionally, you are solely responsible for evaluating the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site, the Service or on the Internet.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE INTERNET. ANY AND ALL MATERIALS, PRODUCTS AND SERVICES PROVIDED BY OR ON BEHALF OF NETELLISE.EU OR THROUGH THE SITE, THE SERVICE OR THE INTERNET ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION:
(A)
ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND
(B)
ANY WARRANTIES THAT SUCH MATERIALS, PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE OR SERVICE) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY OF THE FOREGOING IS FREE OF VIRUSES, WORMS, TROJAN HORSES AND OTHER HARMFUL COMPONENTS, THAT DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED, THAT RESULTS OBTAINED FROM USE OF THE FOREGOING WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY MATERIALS, PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE WILL MEET YOUR EXPECTATIONS. NETELLISE.EU SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, THE SERVICE OR THE INTERNET. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM NETELLISE.EU OR THROUGH THE SITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL NETELLISE.EU OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, CONTENT PROVIDERS, AFFILIATES, OR OTHER REPRESENTATIVES BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY UNDER THESE TERMS FOR ANY:
(I)
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, DIRECT OR INDIRECT DAMAGES,
(II)
LOSS OF PROFITS, LOST BUSINESS OR BUSINESS INTERRUPTION, LOST OR CORRUPTED DATA, PROGRAMS OR INFORMATION, AND THE LIKE,
(III)
COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, MATERIAL, GOODS OR SERVICES, OR
(IV)
CLAIM ATTRIBUTABLE TO INTERRUPTIONS, DELAYS, ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR THE SITE AND/OR MATERIAL DOWNLOADED THROUGH THE SERVICE OR THE SITE; EVEN IF NETELLISE.EU OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED FOR IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE ABOVE, NETELLISE.EU DOES NOT LIMIT OR EXCLUDE ANY LIABILITY THE LIMITATION OR EXCLUSION OF WHICH IS PROHIBITED BY LAW. FOR EXAMPLE, SOME STATES OF THE UNITED STATES OF AMERICA DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, NETELLISE.EU LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NETELLISE.EU makes no representations whatsoever about any third party websites, resources or service that you may access through, or is linked to, the Site or Service (collectively, "Third Party Sites"). Third Party Sites are independent from and not operated by NETELLISE.EU, and NETELLISE.EU has no control over the Material or content of those Third Party Sites. In addition, a link to the Site does not mean that NETELLISE.EU endorses or accepts any responsibility for the Material or content, or the use, of Third Party Sites.
5. COMMUNICATION SERVICE
The Service may include e-mail services or other means of messaging or communication, virtual meeting places, bulletin boards and chat rooms (collectively, "Communication Service"), which allow feedback to NETELLISE.EU and real-time interaction between users. NETELLISE.EU does not control the messages, information or files delivered to the Communication Service. It is a condition of your use of the Service (including Communication Service) and the Site that you do not use the Service to:
- Restrict or inhibit any other user from using and enjoying the Communication Service.
- Post or transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, libelous, defamatory, obscene, vulgar, pornographic, profane, hateful, indecent or racially, ethnically or otherwise objectionable, including without limitation any postings or transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation.
- Post or transmit any Material that you do not have the right to transmit under any law or contractual or fiduciary relationship, violates or infringes upon the rights of others, is invasive of another's privacy or publicity rights, or is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any Material that contains a virus or other harmful component or code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or communications equipment.
- Post, transmit or in any way exploit any Material for commercial purposes, or which contains advertising.
- Post or transmit unsolicited or unauthorized e-mails, "junk mail," "spam," "chain letters," or "pyramid schemes."
- Harm minor children in any way.
- Impersonate any person or entity or forge headers or manipulate identifiers to disguise the origin of any Material.
- Interfere with or disrupt the Service or Site, or servers or networks connected thereto.
You understand that NETELLISE.EU has no obligation to, and does not, monitor the Communication Service. However, NETELLISE.EU reserves the right at all times, in its sole discretion, to (a) disclose any Material posted by you or any other user as necessary or desirable to satisfy any law, regulation or governmental or court request, enforce these Terms, respond to claims that any such Material violates third party rights, or protect the rights, property or personal safety of NETELLISE.EU, the Sites users and the public, and (b) edit, refuse to post or to remove any such Materials, in whole or in part. In consideration of your use of the Service (including Communication Service) or other areas within the Site, you agree to waive any right you may otherwise have to take action against NETELLISE.EU or its directors, officers or affiliates arising from anything you may see or hear through use of the Service or Site.
6. MISCELLANEOUS
Any waiver of any provision of the Terms must be in writing signed by NETELLISE.EU to be valid. A waiver of any provision hereunder must be in writing and shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of the Terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. The Terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and NETELLISE.EU.
7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless NETELLISE.EU, its parents, affiliates, licensors, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages, costs and expenses, including attorneys' fees, arising out of: your use of the Site or Service; any Material you post, upload, e-mail or otherwise transmit using the Service or to the Site, or your violation, breach or alleged violation or breach of the Terms.
8. LAWS
NETELLISE.EU does not make any representation that Materials and Service offered through the Site are available for use in all locations, or that they comply with any legal or regulatory requirements of all locations. Those who choose to access the Site do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.
These terms shall be governed by and construed in accordance with the laws of the French Republic in force from time to time. Any dispute under these terms shall be subject to the exclusive jurisdiction of the French courts and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
9. DESIGNATED AGENT TO RECEIVE NOTICE OF CLAIMED INFRINGEMENT.
Pursuant to the French laws, NETELLISE.EU's designated agent to receive notification of claimed infringement is the Webmaster of NETELLISE.EU
