TERMS AND CONDITIONS OF USE
Update: October 2023
1. Legal Information
1.1. The website accessible at the following address: https://www.eyst.io/ (hereinafter the “Website”) is published by EYST TECHNOLOGY, a Société par Actions Simplifiée (simplified joint stock company) with share capital of €100, registered with the Nanterre Trade and Companies Register under number 914 735 592, with the following intra-community VAT number: FR 61914735592 and whose registered office is located at 1 Place de l’Iris in COURBEVOIE (92400) (hereinafter the “Company”).
1.2. The Company can be contacted by e-mail at the following address: contact@eyst.io
1.3. The Publication Director is Mr Antoine VANOVERBEGHE, in his capacity as Chairman of the Company.
1.4. The Site is hosted by OVH, a Société par Actions Simplifiée (simplified joint stock company) with a single shareholder and share capital of €10,174,560, registered with the Lille Trade and Companies Register under number 424 761 419, and whose registered office is located at 2 Rue Kellermann in Roubaix (59100).
1.5. OVH can be contacted by e-mail at the following address: sales@ovh.net and/or by telephone at the following number: 1007.
2. Acceptance of the terms of use
2.1. The purpose of this document is to define the terms and conditions (hereinafter the “General Terms and Conditions of Use” or “GTCU”) under which the Company makes it possible for users (hereinafter the “Users”) to browse and use the Site.
2.2. Use of the Site implies full and unreserved acceptance of these GCU.
3. Use of the site
3.1. Before using the Site, Users must ensure that they have the technical and IT resources required to browse and use the Site. They must also ensure that the computer configuration of their hardware/equipment is in good working order and does not contain any viruses.
3.2. The Company reserves the right to modify, revise, delete, validate or change, in whole or in part, any content (hereinafter the “Content(s)”) appearing on or displayed on the Site.
3.3. The Company may delete, change or modify the Site and/or the Content at any time.
4. Obligations of the user
4.1 By using the Site, Users agree :
– to refrain from using the Site illegally, for any illegal purpose or in a manner incompatible with these GCU ;
– not to use the Site for the publication of abusive, defamatory, harassing, libellous, obscene, pornographic or threatening statements, and/or statements that violate the privacy of others;
– not to sell, copy, reproduce, rent, lend, distribute, transfer or grant sub-licences on all or part of the elements, information and Content appearing on the Site and/or allow any third party to use or have access to the Site for any purpose whatsoever or to decompile, reverse engineer, disassemble, modify, display in a form readable by the User, attempt to discover any source code or use any software activating or comprising any part of the Site;
– to respect other Users;
– not to collect and store personal data relating to other Users, for any purpose whatsoever;
– not to disseminate content that could constitute incitement to commit crimes or offences; incitement to discrimination or racial hatred, and more generally that could be contrary to the laws and regulations in force, to these rules of use and to public decency and order;
– not to disseminate information of an ideological, religious, political or ethnic nature;
– not to disseminate content likely to endanger minors, in particular messages of a violent or pornographic nature;
– not to attempt to mislead other Users by usurping the name or pseudonym of other persons;
– not to post, e-mail or otherwise transmit any material that infringes any patent, registered trademark, trade secret, intellectual property right or any other property right belonging to another party;
– not to post, e-mail or otherwise transmit any unsolicited or unauthorised advertising or promotional material (including “spam” or any other form of solicitation);
– not to use the Site for abusive purposes by deliberately introducing viruses or any other malicious programme and not to attempt to gain unauthorised access to the Site;
– not to denigrate the Site and/or the Company and/or other Users on social networks or any other means of communication.
4.2. If, for any reason whatsoever, the Company considers that Users are not complying with these GCU, it may, at any time and at its sole discretion, remove their access to the Site and take any measures, including legal action, against them.
5. Accuracy and legality of information
5.1. Users undertake to ensure that all the information they provide, in particular information about themselves, is adequate, accurate, up-to-date and complete. To this end, they undertake to update it regularly.
5.2. The User acknowledges that the Company does not have the material resources to verify the accuracy of all the information on the Site.
5.3. The Company cannot therefore be held responsible in the event of identity theft, or for the fact that the information provided is false or misleading.
5.4. Nor does the Company guarantee the timeliness, lawfulness, integrity or quality of the information transmitted by Users.
6. Intellectual Property
6.1. By accessing the Site, Users expressly acknowledge that the Site and the Content made available to Users, in particular images, photographs, designs, graphics, drawings, models, layouts, logos, trademarks, texts, etc., are the exclusive property of the Company and are protected by the French Intellectual Property Code and by applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they may not be reproduced without the express authorization of the Company, under penalty of civil and criminal prosecution.
6.2. The Company is the sole owner of all rights, titles and interests in the Site and the Content, including all intellectual property rights, including, in particular, all rights relating to copyright, design rights, trademarks, trade names, company names, domain names, technology, know-how, processes, formulas, source codes and executable codes, data and similar rights, including information relating to any application, registration or renewal thereof which may be protected by the laws, regulations or rules on intellectual property of any country.
6.3. The Company grants a non-exclusive license to Users to use the Site and the Content strictly in accordance with these GCU.
6.4. Any reproduction, representation, adaptation, exploitation, distribution, broadcasting, commercial use, translation, arrangement, transformation or any creation of derivative or composite works of all or part of the works and/or any other Content appearing on the Site on any medium whatsoever and by any process whatsoever, now or in the future, is expressly prohibited. Such actions may constitute acts of counterfeiting, punishable under criminal and civil law, and render the perpetrator liable.
6.5. Systematic and repeated extraction of information and Content from the Site is strictly prohibited and punishable under intellectual property law and sui generis database law. Any illicit extraction may incur the civil and criminal liability of its author.
7. Responsibility
7.1. The Company declines all responsibility for any damage resulting from the fraudulent intrusion of a third party, beyond its control, leading to a modification or alteration of the information/Content appearing on the Site or causing prejudice to any User of this Site; and more generally for any damage, whatever the causes, origins, nature or consequences, caused as a result of access by any person to the Site or the impossibility of accessing it, beyond its control.
7.2. The Company shall not be held liable for any technical problems or failures related to telephone networks, online computer systems, servers, Internet access providers, computer equipment and/or User software.
8. Links
8.1. The hypertext links established on the Site to other Internet sites or other Internet sources or content (hereinafter the “External Sources”) shall not incur the liability of the Company.
8.2. Insofar as the Company cannot control these External Sources, the User acknowledges that the Company cannot be held responsible for the availability of these External Sources, and cannot accept any liability for the content, advertising, products, services or any other material available on or from these External Sources.
9. Trademark Information
9.1. “EYST TECHNOLOGY” and all trademarks and logos belonging to the Company are trademarks protected by French intellectual property law (hereinafter collectively referred to as the “Trademarks”). Unless expressly authorized in writing by the Company, the User undertakes not to use or distribute the Trademarks in any way whatsoever. This prohibition extends to all signs reproducing the Company’s Trademarks, such as, but not limited to: corporate names, trade names, brand names, domain names, drawings or models, etc. The User agrees not to use or distribute the Trademarks in any way whatsoever.
10. Protection of personel data
10.1. The provisions relating to the protection of personal data are set out in the Privacy Policy available on the Site.
11. Applicable law and jurisdiction
11.1. These GCU shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.
11.2. In the event of any dispute arising out of or in connection with the interpretation and/or performance of these GTUs, the competent courts shall be those designated in the French Code of Civil Procedure.
12. Language
12.1. These GCU are written in French.
12.2. In the event that they are translated into one or more foreign languages, only the French version will be deemed authentic in the event of a dispute.
13. Contact
13.1. The Company may be contacted at any time by e-mail at the following address: eyst@eyst.io
13.2. The Company may be contacted by post at the following address: 16 Place de l’Iris, Courbevoie (92400).