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Terms of use

TERMS OF USE OF THE CONSOLE.ARTIFAKT.IO PLATFORM

AND THE WEB SITE WWW.ARTIFAKT.IO

ARTICLE 1: Purpose

The purpose of these General Terms of Use is to fix the legal framework conditions of access to the platform http://console.artifakt.io and the website https://www.artifakt.io (hereinafter called together “Website”) and their use by the “User”.

These General Terms of Use must be accepted by any User wishing to access the Website. These General Terms of Use constitute the contract between the Website and the User. The access to the Website by the User implies its unreserved acceptance of these General Terms of Use.

The company ARTIFAKT reserves the right to unilaterally modify at any time the content of these terms and conditions.

ARTICLE 2: Legal notices

The Website is published by the Company:

ARTIFAKT
French joint stock company (Société par actions simplifiée)
Capital : 7.000.00 euros
Headquarter :
62, avenue Gambetta,
75020, Paris
France
RCS CRETEIL 803 110 410

The Director of the publication is: Aymeric AITAMER

The Website host of Amazon Web Services (AWS) is the Company:

Amazon Web Services LLC
Head office :
PO Box 81226
Seattle, WA 98108-1226 USA

ARTICLE 3: Definitions

The purpose of this provision is to define the essential terms of this Contract:

User:

Any person using the Website or any of the services offered by the Website.

User Content:

Data transmitted by the User on the Website.

Member:

User who becomes a member when he is identified on the site.

Username and password:

All the information needed to identify a User on the Website. The username and the password allow the User to access services reserved for the members of the site. The password is confidential.

ARTICLE 4: Access to the Services and the Website

The access to certain parts of the Website and the use of some of its functions may require the registration of the User.

The registration and the access to personal space are reserved exclusively for legally qualified natural persons who have completed and validated the registration form available online on the Website. A natural person may only have one account to access the services of the Website. Any use of the Website with a Member / User account is deemed to have been carried out by the owner of the identification elements which assumes all consequences, legal and financial.

If the User registers to become a Member, he agrees to provide accurate, up-to-date and complete information about him and to update this information (including his e-mail address) so that it is always accurate, up to date and complete.
 The User acknowledges that the ARTIFAKT Company reserves the right to terminate the use of the Website User and services related thereto if the information provided are inaccurate, outdated or incomplete.

As part of the registration process, the User will have to choose a password. The User shall be responsible for the confidentiality and use of his password as well as all his personal data. The Non-Member User does not have access to Members services. If the User wants to have access to these services, he must identify itself with its username and password.

The User agrees not to transfer or resell its use of the Website or its access to any third party.

If the User has reason to believe that his account on the Website is no longer secure, he must inform the Website immediately to the email address indicated below.

THE USER IS ENTIRELY RESPONSIBLE FOR THE CONFIDENTIALITY OF ITS PASSWORD AND PERSONAL DATA.

THE USER IS ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES (INCLUDING PURCHASES) MADE ON ITS ACCOUNT.

The Website allows the User free access to the following services:
  • Navigation on the Website, subject to these General Terms of Use,
  • Registration for the Services, paid or free, on the Website, subject to these General Terms of Use,The Website is accessible free of charge to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) shall be borne by the User.
The Website uses all means at its disposal to ensure quality access to its services. The Company ARTIFAKT has a obligation of means that means that there is no commitment to achieve this result.
Any event due to a case of force majeure resulting in a network or server failure of the website do not involve the responsibility of the ARTIFAKT Company. The ARTIFAKT Company will not be held liable if a malfunction, an anomaly, a breakdown occurs due to the Internet provider of the User, the publisher of the above-mentioned Website, the publisher of software / applications or CLOUD provider.
The access to the services of the Website may be interrupted, suspended, changed at any time without notice for maintenance or in any other case. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract.
The user has the possibility to contact the Website by email at contact@artifakt.io.

ARTICLE 5: Code of Conduct

When using the Website and / or the elements of the Website, the User agrees not to:

  • Restrict or prevent the use of the Website by any visitor, including among others by actions of hacking or attacks by denial of service or the degradation of portions of the Website;
  • Use the Website or the Website for illegal or unauthorized purposes;
  • Assert or imply that his statements have the approval of the ARTIFAKT Company without its prior written consent;
  • Reveal content or information unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringing the intellectual property or other rights of the ARTIFAKT company or third party;
  • Reveal relevant information not intended for the public about companies without authorization
  • Reveal trade secrets of a third party;
  • Reveal advertisements, solicitations, chain letters, pyramid operations, investment opportunities, or other commercial communications not requested or unauthorized;
  • Engage in spam or mass mailing actions and blocking information.
  • Alter, adapt, transfer sublicense, translate, sell, transfer, make reverse engineering, decompile or disassemble one or some part / items of the Website;
  • Create a mirror website or reproduce a part of the Website without the prior written consent of the ARTIFAKT company;
  • Alter in any way either programs or features of the Website, including among others in transmitting or put online on the Website programs or other items containing viruses, time bombs, Trojan horses, worms, robots for the cancellation of message or other computer programming routines that may damage the systems, data or information or interfere with them;
  • Use robots, spiders, site search/retrieval application, or other systems or automatic or manual process to collect, list, search the data or in any way reproduce or avoid the presentation or the structure of navigation of the Website or its contents;
  • Collect or gather information about the Users, Members of the Website without their express authorization;
  • Create a database by downloading and systematically storing all or part of the information of the Website;
  • Send data/content of commercial nature without prior authorization; or permit others, including those whose accounts have been terminated, to access the Website with its account, username or password.
  • In addition, by using the Website and/or the elements of the Website, the User agrees to follow all the laws, rules and regulations.

The ARTIFAKT Company reserves the right to refuse or withdraw access to the Website of the user if he doesn’t comply with this provision and more generally with all the provisions of these General Terms of Use.

ARTICLE 6: Intellectual Property

The trademarks, logos, signs and any other content of the Website are protected by the French Code of the intellectual property and more particularly by the copyright.

Any commercial use of any element of the Website (intellectual or industrial property) is prohibited without the prior and written consent of the ARTIFAKT Company. The User agrees not to change or delete any trademarks, logos, signs and any other content or other proprietary notices posted on the Website or downloaded from this Website. The User acknowledges that he does not acquire any right of ownership by using this Website or the elements of the Website.

The User agrees to use the contents of the Website in a strictly private setting. Use of the content for commercial purposes is strictly prohibited.

Any content posted by the User is made under his sole responsibility. The User undertakes not to put on-line content that may harm the interests of third parties. Any legal action brought by an injured third party against the Website will be borne by the User.

ARTICLE 7: Personal Data

The information required for registration on the Website is necessary and mandatory for the creation of the User’s account. The surname, first name, date of birth, sex, telephone number, postal address, e-mail address may be used by the Website for administration, management and the animation of the service.

The ARTIFAKT Company provides the User collection and processing of personal information in compliance with privacy in accordance with Law No. 78-17 of 6 January 1978 concerning computers, files and freedoms. The Website is declared to the CNIL.

Pursuant to sections 39 and 40 of the Act dated January 6, 1978, the User has the right to access, rectify, delete and oppose his personal data. The User shall exercise this right via email at contact@artifakt.io;

ARTICLE 8: Liability and Force Majeure

The sources of the information disseminated on the Website are deemed reliable. However, the Website reserves the right of a non-guarantee of the reliability of the sources. The information given on the Website is purely informative. Thus, the User assumes sole the responsibility for the use of the information and contents of the Website.

The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited. The User assumes the risks associated with the use of his username and password. The Website declines all responsibility.

The User acknowledges that it is his responsibility to obtain and maintain all telephone equipment, computer equipment and other equipment (including CLOUD account) necessary for access to the Website and its use, and all costs relating thereto shall be borne by him.

The ARTIFAKT Company may not be held liable for direct and indirect damage to the User’s hardware when accessing the Website, and resulting from the use of equipment not meeting the specifications of computer configurations indicated on the Website, or the occurrence of a bug or incompatibility.

The responsibility of ARTIFAKT Company may not be engaged in case of force majeure or unpredictable and insurmountable third party’s action.

The ARTIFAKT Company is committed to implement all necessary means in order to ensure the security and confidentiality of data.

The ARTIFAKT Company may not be held liable for direct and indirect damage to the User’s hardware when accessing the Website, and resulting from the use of equipment not meeting the specifications of computer configurations indicated on the Website, or the occurrence of a bug or incompatibility.

The responsibility of ARTIFAKT Company may not be engaged in case of force majeure or unpredictable and insurmountable third party’s action.

ARTICLE 9: Hypertext links

The Website may contain links to other websites and online resources.

The links on the Website to other websites or resources do not imply that the ARTIFAKT company recommends, controls reviews or endorses such other sites.

The User acknowledges and agrees that the ARTIFAKT Company will not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on other websites or obtained by them, neither loss or damage caused or sustained because of reliance to use such content.

ARTICLE 10: Cookies

The ARTIFAKT Company reports that “cookies” – that is to say text files placed on the user’s computer – can be used in connection with the Website. The User hereby agrees that cookies may be placed on his computer relating to his access to the Website and / or its use.

ARTICLE 11: Contractual changes

The ARTIFAKT Company reserves the right at any time to modify the provisions stipulated in these General Terms of use.

The new conditions will be notified to the Users the following connection after connection and changes; The User may decide to accept the new conditions or to request the termination.

If the User of the Website is also Client of the ARTIFAKT Company, it is understood that the General Terms of Use and the General Terms and Conditions are cumulative. In case of contradiction between the contractual provisions, the most recent will prevail over the oldest clauses.

ARTICLE 12: Duration

The duration of this contract is indefinite. This contract shall have effect for the User as of the use of the Website.

ARTICLE 13: Applicable Law and Jurisdiction

French law applies to this contract. In the absence of an amicable resolution of a dispute between the parties, only the courts of the PARIS Court of Appeal are competent.

ARTICLE 14: Publication by the User

The Website allows Users to publish, to communicate, to exchange ideas, projects.

The Member remains full owner of intellectual property rights. However, by publishing a publication on the Website, it shall assign to the publisher the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute its publication, directly or by an authorized third party, worldwide, on any support (digital or physical), for the duration of the intellectual property.