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Terms of Use The purpose of this document is to inform you of the conditions under which you may use the site Swensee (“this Site”). We urge you to read it carefully before using this Site. By using this Site, you agree to abide to these Terms to Use. Any new Service available on this Site or any modification of an existing Service shall be governed by these Terms of Use. We may modify or update these Terms of Use from time to time. We strongly encourage you to review them each time you access this Site. Publisher This Site is published by SWENSEE SAS, French stock company with a paid-up capital of 140,000 €, with a registered office located at 12, rond point des Champs Elysées – 75008 Paris, registered with the Paris Commerce Registry under the number B 409 048 964. Editor-in-Chief Mr. Matthieu Delouvrier
Definitions Profile: information communicated by a Member (for instance: name, address, profession, curriculum vitae, company) when filling out online forms.
User Content: Content generated by Members and sent to the Site’s administrator through online forms. These forms include the following data: title, countries, sectors, key words, texts. The Administrator shall verify their usefulness, and decide whether or nor to post the User Content on the homepage of this Site.
Members: Users who have subscribed to one or more of the Services of this Site, i.e. the managers, the Network leaders , and the official organizations.
Services of this Site This site is directed towards actors of international trade and one of its goals is to promote exportations. It shall facilitate the steps taken by its Members by creating a place of exchanges, where information and experience regarding a sector, a territory, or an activity may be shared.
This Site allows its Members to access the “public” profile of other Members, to contact other Members, and to consult selected economic news, lists of contacts, and User Content. Members may choose to communicate together either publicly or privately. Members Members can be Managers or Network leaders :
- Managers: any person working for an organization and representing it. For instance, it may be a company with an international activity.
- Network leaders: any organization, including but not limited to, chambers of commerce, local communities, exporters’ clubs, and companies that decide to create and animate a group on a specific topic (sector, country).
Undertakings and Rights of the Members
Registration In order to become a Member and access this Site, you must fill out the forms pertaining to your Member status (Managers or Network leaders ).
The Manager form is available on the public pages of this Site. Network leaders registration is handled by direct contact with Swensee By filing out these forms, you warrant that: By clicking on the button “I accept” when registering, you confirm your full acceptance of these Terms of Use. If you do not accept these Terms of Use, you may not use our Site nor access to any of our Services. Should you provide us with erroneous or obsolete registration data, we reserve the right to suspend or cancel your account and immediately deny your accessing to this Site and its Services since this is a violation of these Terms of Use. Log in and Password At the end of the registration process, you will be assigned a log in and a password. To access our Services, Members will be asked to provide said log in and password on the home page of this Site. These log in and password are personal and confidential and you are responsible for keeping them as such. You shall be liable for all actions taken with your log in and password as well as for any loss or liability consequential to such use.
Consequently, you warrant that at the end of each session, you will close your internet browser to prevent any unwanted use of your account.
In case of such unwanted and unauthorized use of your account and/or your log in and password, or of any breach of security, you warrant that you will use all the means necessary to stop this use and will immediately inform the webmaster of this Site at the following address: swenmaster@swensee.com. Members' Behaviour Important Information By using this Site, you shall respect the applicable statutes and regulations in France and, if applicable, in your home country. This Site allows Members to contact one another, but we do not control the content of the messages sent by Members to other Members.
Consequently, you recognize that: - You are responsible for the information and data that you communicate to Members through this Site, either through private or public communications;
- We may not be held liable for the quality of the information and data you communicate;
- The control we exercise on User Content is limited to that of a moderator, and we cannot warrant the lawfulness, the truthfulness, or the quality of said User Content.
- We may not be held liable for the damages arising out or connected with the use by a Member of the public data of your Profile or of your User Content.
Members' Duties As Members, you:
- Warrant that the data and information available on your Profile or in your User Content are truthful and sincere and grant us the right to reproduce and publish your User Content;
- Warrant that you will not publish any abusive, hateful, defamatory or otherwise unlawful statements;
- Shall respect the privacy of others and the confidentiality of the information you may receive;
- Shall not publish any message, information or data that is violent or pornographic or otherwise unlawful;
- Shall not use the identity of another Member of this Site by using their log in and password or by any other means;
- Shall not reproduce, copy, sell, or commercially use in whole or in part, the Services, the use of the Services or the right to access the Services;
- Shall respect the intellectual property rights of others, and more generally all the applicable laws and regulations relevant to your use of this Site.
Consequently, you warrant and represent that you shall hold harmless (including reasonable attorneys’ fees) Swensee, its affiliated companies, its principals, its agents, its administrators, its employees from and against any claim by any third party arising out or connected with the use of this Site, the violation of these Terms of Use or of any other document therein, or more generally the violation of the Law.
Undertakings and Rights of Swensee Undertakings Privacy Policy We respect the applicable legislation on privacy and personal data.
We encourage our Members to read our commitments by clicking on the following link. Intellectual Property of Others The protection of intellectual property of others is one of our priorities. As such, we demand that our Members also respect said rights.
Consequently, if you have solid grounds to believe that your work has been reproduced or is used in such a way that would infringe upon your rights under the applicable law, please provide us with this information at the following email address: swenmaster@swensee.com. Limitation of Liability We make no warranty on the quality and the continuity of this Site and on the non-violation of these Terms of Use by our Members.
We may not warranty the continuity of the Services available on this Site, or the fact that this Site will be permanently accessible and decline liability on this basis. We use our best efforts and all available means to ensure the reliability and the confidentiality of the data available on or through this Site, but may not be held liable, either before civil or criminal courts, in case of a breach of said confidentiality, regardless of the cause of said breach (technical difficulty, hacking, human mistake, etc.).
You accept that we may not be held liable for potential damages, direct or indirect, resulting from the use of this Site or from the impossibility to access it.
Even if the utmost care is used when processing and publishing the data provided by the Members of this Site (or any other data), this information is purely indicative.
You accept that the Services are made available to you « as is » and that we may not be held liable for the failure to host, or for the deletion of, User Content or messages exchanged between Members.
Also, you shall not hold us liable (as well as our affiliated companies, principals, directors, agents, and employees) in the event of a dispute between Members for any claim, and/or for any actual or future damages, arising out or connected with said claims or acts of Members. Update and Modification of the Services
We reserve the right to correct possible errors on this Site, as soon as we become aware of them and, more generally, to modify, from time to time and without notice, this Site or any part thereof, without our liability being triggered for this reason.
We may not be held liable for any modification, interruption, or suspension of the Services available on this Site or for any consecutive damages. We may exercise these rights from time to time and without advance notice to the Members. Hyperlinks This Site may offer hyperlinks pointing towards other websites or other internet sources. Members may also propose such links in their messages or User Content. We cannot control those external sites or sources. These links are provided to you « as is » to facilitate your browsing.
We may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources.
Furthermore, you understand that we may not be held liable for any damages or loss arising out or connected with the use or the reliance of the contents, goods, or services available on those external sites or sources.
Relations and contacts between Members You understand that once Members have entered into relationships with one another, we are external to your communications or to your business dealings, and in particular, the payment and delivery of the goods or services or any terms, conditions, warranties or representations connected with these operations.
Consequently, you understand that we may not be held liable for any loss or damages arising out or connected with these relationships or dealings. Swensee's Rights Swensee's Intellectual Property Rights
This Site available at www.swensee.com is an original work protected by Intellectual Property laws and International Conventions. You understand and accept that the Services offered on this Site and any software program necessary for accessing this Site and/or using its Services may contain confidential information and/or content protected by intellectual property laws. You understand that the Content available on this Site, either User Content or else, may be protected by copyright, trademark, or any other intellectual property right. You warrant that you will not modify, lease, borrow, sell, or distribute the works, or create derivative works based wholly or partly on the Services or on the above mentioned software programs, except where expressly authorized by the rightholder(s).
We grant you the non-exclusive and non-transferable right to use said software programs on one computer. You may not reproduce, modify, create derivative works, compile or decompile, or attempt to access the source code (except where legal exceptions are applicable), sell, license, or transfer by any means any right on said software programs. You undertake that you shall not modify nor use modified versions of said software programs, in particular for gaining unauthorized access to the Services.
You undertake not to access the Services offered by any means other than the ones made available to you by Swensee.
We only grant you a right to visualize the content of this Site for a personal and private use. Printing is limited for the sole use of the copier; any other use or communication is prohibited.
The above is applicable for the structure, the data and the content of this Site, including the trademarks, logos, graphics, pictures, and text of any type.
We also inform you that the Profiles constitute a database protected by intellectual property laws.
Consequently, any reproduction, display, publication, transmission or more generally any unauthorized use of this Site or any part thereof and of the information contained therein may trigger your liability and legal actions, both criminal and civil, for infringement or else.
You agree to respect the registered trademark “Swensee”. Without express authorization from us, you warrant you shall not use or communicate said trademark.
General rules regarding use and hosting
You understand that we may limit the use of our Services.
We may not be held liable for the suppression of any message, any communications or any content displayed or transmitted through this Site.
We reserve the right to modify said rules and limitations from time to time. Consequently, we advise you to consult them frequently.
Notices We may send you notices via email or regular mail, or display on the Site links to said notices. We may use this method, for instance, to inform you of the modifications we may make to these Terms of Use.
Termination
In case of violation of these Terms of Use, or if we have reasons to believe that that you have violated or acted contrary to the terms or the spirit of these Terms of Use, we reserve the right to limit your access to this Site or to terminate your account (and suppress your log in and password), as well as to remove any User Content available on this Site.
Also, you understand and accept that we may not be held liable for the cancellation of your account.
Language - Applicable Law and Jurisdiction This Site has been created in France. Its use is governed by French Law.
These Terms of Use are available in French and in English; the French version shall be the prevailing one. French Courts (Paris Courts) shall have jurisdiction over any dispute arising out or connected with the use of this Site. Miscellaneous
These Terms of Use, the Privacy Charter and the Reward Program constitute the entirety of the agreements entered into by Swensee and its Members with respect to the use of the Services and shall supersede any prior agreement between Swensee and you.
A waiver by Swensee of any term or condition of these Terms of Use shall not be deemed or construed to be a waiver of such term or condition for the future or any subsequent breach thereof.
If any provision of these Terms of Use is adjudged by a court to be void or unenforceable, the parties warrant that they shall indicate to the judge their common intent as expressed herein; said provision shall in no way affect any other provision of these Terms of Use which shall remain in force and applicable between the parties. As such, you understand that the headings of the clauses do not form part of and shall not be read into the construction of these Terms of Use.
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