TERMS OF SERVICE
IMPORTANT INFORMATION; PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY
BY USING OR ACCESSING THE SOCO SITE, THE USER THAT YOU ARE (HEREINAFTER “THE USER”) DE FACTO ACCEPTS THE FOLLOWING GENERAL CONDITIONS OF USE (HEREINAFTER THE “T&Cs”), AND ACKNOWLEDGES WITHOUT RESERVATION HAVE FREELY GAVE HIS CONSENT TO THE TERMS HEREOF, WHICH HE MAY NOT LATER CALL INTO QUESTION, WHICH APPLY BY FULL LAW AND CONSTITUTE A LEGALLY BINDING AGREEMENT; IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SOCO SITE. BY USING OR ACCESSING THE SOCO SITE, YOU REPRESENT AND CONFIRM THAT YOU ARE A NATURAL PERSON AND THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE GENERAL CONDITIONS OF USE AND THAT YOU ACCEPT THEM ONLY IN YOUR NAME AND FOR YOUR OWN BEHALF ACCOUNT, AND IN NO EVENT IN THE BEHALF OF OR ON BEHALF OF ONE OR OTHER INDIVIDUAL(S) OR LEGAL ENTITY, UNLESS BEING DULY AUTHORIZED TO REPRESENT SUCH OTHER PERSON(S) FOR TO DO ; IF YOU ARE UNDER THE AGE OF 18 (EIGHTEEN) YEARS OF AGE, YOU CERTIFY THAT YOU HAVE THE AUTHORIZATION OF YOUR PARENTS OR ANY OTHER LEGAL RESPONSIBLE OVER THE AGE OF 18 (EIGHTEEN) YEARS OF AGE.
GENERAL SITE TERMS AND CONDITIONS
These general conditions of use (CGU) apply to the SOCO website located at the address www.soco.fr (hereinafter referred to as the “Site”) owned, controlled and operated by the SOCO company.
These T&Cs do not modify the provisions of any other contract, possibly concluded with SOCO. In the event of a conflict, only the provisions of the aforementioned contract will prevail.
The Site is the exclusive property of SOCO and its possible licensors.
SOCO reserves the right, at its sole discretion and at any time, to change, modify, supplement or delete all or parts of these T&Cs. The User undertakes to regularly consult these T&Cs to see if modifications such as those mentioned above have been made. The User who uses the Site after publication of the modifications thus made irrevocably accepts said modifications by this simple fact.
SOCO hereby grants a license to the User a limited, non-exclusive, free, non-transferable and non-transferable personal right, for the entire world, to access the Site and use the Site in accordance with these T&Cs, which the The User accepts, for the sole purpose of allowing the User to access, use and benefit from the services of the Site in accordance with these T&Cs.
The use of the Site is strictly reserved for individuals with Internet access and for the personal use of the User only, which excludes any use in a commercial context, with the exception of those having been previously and expressly approved by SOCO. The costs of making connection to the Internet network and access to the Site available remain the exclusive responsibility of the User or their legal representative.
Site Content
The content of the Site, namely data, texts, drawings, graphics, user interfaces, visual interfaces, photographs, animated images, trademarks, logos, sounds, music, videos, illustrations, software and computer codes, as well as the design, the structure, selection, arrangement, coordination, expression, look, feel, presentation and arrangement of the content as contained on the Site, the appearance and design of the Site, including the page headers, custom graphics, icons and button scripts (hereinafter collectively referred to as the “Content”) are owned by or licensed to SOCO, and are protected by trade dress laws , copyrights, patents, designs and trademarks, and/or any other intellectual property rights or unfair competition.
Use of the Site
Unless expressly stated otherwise in these T&Cs or specific prior written agreement from SOCO, no element of the Content may be, in whole or in part, copied, reproduced, published, republished, downloaded, exhibited in public, encoded, translated, transmitted or distributed in any way (including by “mirroring”) to another computer, server, website or publication or broadcast medium, or for any enterprise – commercial or not – whatsoever.
Unless otherwise validly agreed in writing with SOCO, the User of the Site, the Content and its services is not authorized to: (a) download, copy or retransmit all or part of the Site or the Content; (b) use any data mining, robots, or similar data gathering or extraction methods; (c) manipulate or display the Site or Content using “framing” or similar technology; (d) save, register or unsubscribe, or attempt to save, Content or a SOCO service; (e) reverse engineer, alter or modify all or part of the Site, Content or service; (f) circumvent, disable or otherwise disrupt the security features of the Site or system resources, services or networks connected to or accessible from the Site, probe, scan or test the vulnerability of the Site or of any network connected to them, nor to breach the security and authentication measures put in place on the Site or said connected networks; (g) use devices, programs, algorithms or other automatic methods such as “deep linking”, “page scraping”, “robot” or “spider”, or any other similar or equivalent manual process, to acquire, copy or monitor any part of the Site or Content, reproduce or circumvent the “navigational” structure or presentation of the Site or Content to obtain or attempt to obtain data, documents or information by means other than those voluntarily made available by SOCO to the User through the Site, or to illicitly access any section or functionality of the Site, or to any other system or network connected to the Site or to a SOCO server, or to the Services, by hacking, password “sniffing” or any other illegitimate means; (h) to reverse query, trace or attempt to trace information on other users of the Site or visitors to the Site, in particular any SOCO account of which the User is not the holder or its source, to exploit the Site, content, data or information made available or offered on or through the Site, in any manner, for the purpose of revealing such information, including personal identification information or information other than your own information, as they appear on the Site; (i) to sell, license, rent or market the Site, the Content or its services, content or files of other users in any way whatsoever and more generally (j) to use the Site, its services or the Content for purposes other than those authorized by these T&Cs or for purposes that are illicit or prohibited by law, or with a view to encouraging any illegal activity or activity contrary to public order and good morals or any other activity infringing to the rights and interests of SOCO or third parties.
Without prejudice to the Termination clause of these T&Cs, SOCO reserves the right to prohibit any activity contrary to these T&Cs and to claim compensation in the event of related damage.
The User undertakes not to take any action that would impose an excessive or unreasonable load on the infrastructure of the Site or the systems, servers or networks of SOCO or its partners, or any system, server or network connected to the Site.
The User agrees not to use any device, software or subprogram to interfere or attempt to interfere with the proper functioning of the Site or any use or operation conducted on the Site by any other person.
More broadly, any use of the Site, its Content and its services not expressly authorized herein is prohibited.
User accounts, passwords and identifiers
The services and features offered on the Site require the opening of a SOCO account directly on the Site (including the configuration of a SOCO identifier and a password). Registration on the Site allows the User to access their account and in particular to complete their personal file, and to access all of the Site's services. Such an account is personal, non-transferable and non-transferable. By using the Site and opening an account to do so, the User undertakes to: (a) provide perfectly accurate, up-to-date and complete information about themselves; (b) maintain and update this data and/or any other information provided, and ensure that it is always correct, current and complete; (c) maintain the security of your password and identification; (d) accept all responsibility for activities occurring on his or her account and (e) accept all risks associated with unauthorized access to data and any other information provided by the User to SOCO.
The User has full responsibility for preserving the confidentiality of information relating to his account, in particular his password, and of all operations carried out under his account. The User undertakes to inform immediately in the event of unauthorized use of his account, password or identifier or any other security breach.
The User will be held responsible, which he accepts, for any damage suffered by SOCO or by any other user of the Site or visitor to the Site, or by any partner of SOCO resulting from the fraudulent use of said identifier, password and /or User account by another person.
The User is prohibited from using, at any time and for any reason whatsoever, the username, password and/or account of another person, unless he or she has express authorization. and unequivocal of the holder of the identifier, password and/or account concerned. The User undertakes not to forge or manipulate any identifier in any way to disguise the origin of a message, file, content or transmission sent to SOCO on the Site , or a service or content offered on or via the Site, nor to claim to be or represent, unless duly established for this purpose, anyone else, nor to pose as another physical entity.
SOCO cannot be held responsible for any damage resulting from such usurpation, counterfeiting, manipulation of identifiers, passwords or accounts.
The user may terminate their account at any time for any reason by deactivating it.
In the event of prolonged cessation of use of the User's account without deactivation of said account, it may be deactivated by SOCO due to prolonged inactivity.
Confidentiality and retention of User data
Even if SOCO implements all reasonable means to ensure the confidentiality of data transmitted or recorded by Users on its Site (see SOCO's Privacy Policy), the User expressly acknowledges and accepts that transmissions via the Internet are never completely confidential and secure and that any message or information transmitted on the Site may be read or intercepted by others, even if a special notice specifies that a given transmission is encrypted. SOCO may retain on any medium and by any means the information transmitted or communicated by the User via the Site. [UdMO1] SOCO reserves the right, at any time, to disclose all information deemed necessary to comply with the law, regulation, legal process or a request from a government, to disclose all information that the law in force requires or authorizes, in particular in the context of exchanging information with other companies and organizations, for purposes of protection against fraud, to disclose all the information necessary in the context of the application of these and/or in the event of controversy or litigation relating to, or necessary for any investigation or complaint concerning the use of the Site by the User or for violation of any type of rights (in particular without limitation of intellectual property rights, rights to image, personality rights, right to respect for private life, right to respect the presumption of innocence, violation of the secrecy of private correspondence, defamation, etc.) of third parties by these data, their use or distribution, or protect the rights, interests, property and safety of SOCO, its associates, its managers, its employees, other users of the Site and visitors to the Site, or to protect public order and good morals.
All suggestions, remarks, questions or comments that the User sends to the Site will be considered non-confidential and SOCO will be entirely free to use this information without any restriction or need for prior consent from the User, as well as to take it into account or not without any obligation towards the User.
Links to other sites linked to the Site
The Site may contain links to other independent third party websites, platforms or applications (hereinafter the “Linked Sites”). These Linked Sites are provided solely as a convenience to Users. The content of these Linked Sites is the responsibility of their authors. These Linked Sites are not under the control of SOCO, and SOCO is not responsible for and does not endorse the content of these Linked Sites, including any information posted therein. It releases all guarantees and liability in this respect, which the User acknowledges and accepts. It acknowledges and accepts in particular that neither SOCO nor, where applicable, the publisher, the publication manager or the host are responsible for the availability or accuracy of these Linked Sites, or the content, products or Services available on or from these Linked Sites. Any link to such Linked Sites does not imply endorsement by SOCO of such Linked Sites or their content, products or Services offered by such Linked Sites. The use of such Linked Sites is under the sole responsibility of the User and at their own discretion, risk and peril.
Counterfeiting
Without prejudice to the application of the provisions of the Termination article of these T&Cs and any legal action by SOCO, SOCO expressly reserves the right to block and/or terminate automatically, without notice and at its sole discretion, User accounts that infringe or in which the User infringes all or part of the intellectual property rights of SOCO or third parties. SOCO cannot under any circumstances be held responsible towards third parties, directly and/or indirectly, for any act of infringement by the User and its consequences, in particular financial and compensation.
Reporting of breaches and right to alert
The User must report as soon as possible to SOCO any data, information, remarks, file or content available, usable or downloadable on the Site which he considers may infringe an intellectual property right, or that it is insulting, offensive, defamatory towards itself or towards third parties or SOCO, its managers, its shareholders, its staff or partners, or that it more generally infringes the rights of third parties, SOCO, its managers, its shareholders , its staff or its partners, or that it is illegal or contrary to public order or good morals, or that it is contrary in any way to these T&Cs.
Warranty Exclusions
USE OF THE SITE, ITS CONTENT AND ITS SERVICES IS DONE AT THE USER’S RISK, RISK AND RISK. SOCO DOES NOT WARRANT THAT THE SITE, THE CONTENT, SERVICES, OR FEATURES OFFERED ON THE SITE WILL BE ERROR-FREE OR ACCESSIBLE IN AN UNINTERRUPTED MANNER, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE SITE WILL PRODUCE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “SUBJECT TO AVAILABLE”. ALL DATA AND INFORMATION PROVIDED ON THE SITE ARE SUBJECT TO BE DELETED OR MODIFIED WITHOUT NOTICE. SOCO CANNOT GUARANTEE THAT FILES AND DATA UPLOADED TO THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR MALICIOUS FEATURES. SOCO EXPRESSLY DISCLAIMS ANY FORM OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ACCURACY, COMPLETENESS, UPDATE, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS OR FITNESS FOR A PURPOSE OR USE PARTICULAR. SOCO ALSO EXCLUDES ANY LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF OTHER USERS OR THIRD PARTIES IN CONNECTION WITH OR ASSOCIATED WITH THE USE OF THE CONTENT, THE SITE, AND/OR ITS SERVICES. THE USER ASSUMES FULL RESPONSIBILITY FOR HIS/HER USE OF THE SITE. ITS ONLY POSSIBLE REMEDY AGAINST SOCO IN THE EVENT OF ANY DISPUTE RELATING TO THE SITE, ITS CONTENT OR ANY OF ITS OFFERED ELEMENTS OR SERVICES IS TO STOP USING THE SITE, THE CONTENT, THE ELEMENT OR THE SERVICE IN QUESTION.
The warranty exclusions above concern all damages, losses or harm due, without this list being exhaustive, to any lack of execution, error, omission, interruption, deletion, defect, delay in execution or transmission , computer virus, communications line disruption, theft, destruction, counterfeiting, unlawful access or unlawful use, whether for breach of contract, professional misconduct, negligence or any other cause of action.
SOCO reserves the right to perform any of the following actions at any time and without notice: (a) modify, suspend or block the operation of or access to all or part of the Site, for any reason whatsoever; (b) terminate the User's account in accordance with the provisions of these T&Cs and in particular in application of the Termination article; (c) modify or remove all or part of the Site and any applicable rules or conditions; (d) interrupt the operation of all or part of the site, for the purposes of periodic or non-periodic maintenance, correction of errors or modifications.
Limitation of liability
Even if SOCO has been advised of the possibility of such damages, IN NO EVENT SHALL SOCO BE LIABLE FOR DIRECT, SPECIAL, INDIRECT OR INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LIST IS EXHAUSTIVE, THE LOSS OF USE, PROFITS, REVENUE, PROFITS OR DATA, REPUTATION OR ANY OTHER INTANGIBLE LOSS WHETHER THE LIABILITY IS CONTRACTUAL, QUASI-TORT (IN PARTICULAR FOR FAULT) OR OTHERWISE, RELATED TO A IN ANY WAY USE OF THE SITE, SERVICES, CONTENT OR MATERIALS FOUND ON OR ACCESSED THROUGH THE SITE OR LINKED SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO IN ANY WAY USERS' RELIANCE ON DATA, INFORMATION OR OTHER OBTAINED FROM THE SITE OR LINKED SITES, OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR NON-OPERATION, RESULTING OR NOT FROM NATURAL DISASTERS, COMMUNICATION PROBLEMS, THEFT, DESTRUCTION, COUNTERFEITING OR UNAUTHORIZED ACCESS TO ARCHIVES, PROGRAMS, CONTENT OR SERVICES ON THE SITE OR LINKED SITES. notwithstanding the provisions of these T&Cs, if SOCO'S RESPONSIBILITY WAS ENGAGED FOR THE USE OF THE SITE, ALL OR PART OF ITS CONTENT OR ITS SERVICES, SOCO'S TOTAL RESPONSIBILITY, WHETHER CONTRACTUAL OR QUASI-TORTIONAL (INCLUDING FAULTS, WHETHER INTENTIONAL, PASSIVE OR IMPUTED), RELATED TO A WARRANTY, TO LIABILITY AT LAW OR TO ANY OTHER THEORY, RELATED IN ANY WAY TO THE USE OF THE SITE, CANNOT IN NO EVENT WILL THE MAXIMUM AMOUNT OF ONE HUNDRED AND FIFTY (150) EUROS BE EXCEEDED.
Compensation
The User undertakes to indemnify and hold SOCO harmless from any demand, loss, financial liability, claim or expense (including attorneys' fees and costs) resulting from actions initiated by third parties. against SOCO due to, or in connection with the User's use of the Site, data, information, comments, files and content possibly posted online or made available and/or recorded or stored by him on the Site. It is up to the User to ensure that the storage and dissemination of comments or content by him via the Site does not constitute a violation of applicable regulations and the rights of third parties, in particular a violation of intellectual property rights. of third parties, an attack on persons (in particular defamation, insults, insults, etc.), respect for private life, the right to the presumption of innocence, the secrecy of private correspondence, an attack on public order and good morals (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, messages of a violent or pornographic nature, messages encouraging suicide, the commission of crimes, misdemeanors or incitement to the consumption of substances prohibited, inciting pornography, discrimination, racial hatred, etc.). The User undertakes not to damage the image of SOCO, its managers, its shareholders, its employees, its partners and more generally third parties.
Termination
SOCO reserves the right, without notice and at its sole discretion, to terminate the User's right of access and account for any reason and/or block their use of the Site. This will be the case in particular, without being exhaustive, if SOCO considers that (a) the User has not complied with any of the provisions of these T&Cs, or other agreements or directives possibly associated with the use of the Site. or any other contract binding the User to SOCO, (b) that the User has violated legal provisions in force in any country whatsoever, (c) that the User has engaged in illegal acts or contravened the public order or good morals, (d) in the event of interruption or significant modification of the Site or a service offered on or via the Site, (e) in the event of unexpected technical problems, (f) etc.
Applicable law - dispute resolution
Any controversy, claim or dispute relating to access or use of all or part of the Site, its Content or its services, or relating to the formation, execution, term, termination, The interpretation and consequences of the legally binding contract that constitutes these T&Cs or relating to the implementation of these T&Cs will be governed by French law and law, independently of the conflict of law provisions, and subject to the exclusive jurisdiction of the Paris Judicial Court. However, the User and SOCO will first attempt to resolve this dispute, claim or controversy amicably in good faith. In the event of inability to resolve this dispute or controversy amicably within a reasonable time, and in particular, without limitation, through mediation, the User and SOCO will then be free to exercise the rights or remedies available to them under current French law.
Miscellaneous
Any rights not expressly granted in these T&Cs are reserved. This binding agreement which constitutes the T&Cs is non-assignable and non-transferable by the User, except with the express prior agreement of SOCO; SOCO may, however, freely assign or transmit such contracts, notably by merger, transfer, absorption, etc., from SOCO to a third party. Any waiver of a provision of these T&Cs will only take effect if it is established in writing and validly signed by SOCO. If any provisions of these T&Cs are deemed void or unenforceable by the competent court, such provisions shall be limited or deleted, to the minimum extent necessary, and replaced by valid provisions that better express the intent of these T&Cs so as to that they remain fully applicable; in any event, the other clauses will retain their full validity and effects. The titles of the clauses of these T&Cs are only indicative and do not affect the meaning or scope of the terms and conditions of said clauses. These T&Cs cannot be interpreted as conferring rights (except in the case of a possible stipulation for others included in these T&Cs) or remedies to any third party.
Reminder: the provisions of these T&Cs or the information contained on the Site are subject to modification without notice and at any time.
Information: for any questions relating to these T&Cs, or for any reports or warnings, please contact SOCO at the following address: contact@soco.fr
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Copyright © January 2023. All rights reserved.
Last updated: 01/17/2023
