GENERAL TERMS OF USE
Preamble
The company UCELIA (hereinafter referred to as "Ucelia") publishes and operates the website www.ucelia.com (hereinafter referred to as the "Site").
1. OBJECT
These GTU, concluded between Ucelia on the one hand, and any visitor browsing the Site (hereinafter referred to as the "User") on the other hand (hereinafter collectively referred to as the "Parties"), aim to establish the contractual provisions regarding the respective rights and obligations of the Parties in the context of the use of the Site.
2. ACCEPTANCE OF GTU
Accessing or using the Site and its associated features implies the unconditional acceptance of these GTU and the Privacy Policy.
Therefore, the User agrees to carefully read these GTU when accessing the Site and is encouraged to download, print, and keep a copy for reference.
3. OBLIGATIONS OF UCELIA
3.1. Website Access
Any User can access the Site free of charge, as well as the content presenting Ucelia and Ucelia's news.
3.2. Site availability
Ucelia makes its best efforts to ensure that the Site and its features are accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond Ucelia's control, and subject to any necessary outages or maintenance interventions for the proper functioning of the Site.
Ucelia shall not be held responsible for disruptions, interruptions, or anomalies that are beyond its control and that may affect transmissions over the Internet network or any communication network, regardless of their significance or duration.
It is also specified that Ucelia reserves the right to temporarily interrupt, without prior notice, the accessibility to the Site for maintenance reasons, for the improvement and installation of new features, for auditing proper functioning, or in the event of a malfunction or threat of malfunction.
These interruptions shall not give rise to any compensation in favor of the User.
Ucelia cannot be held liable or considered in breach of these obligations for any delay or failure to perform when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of French courts and tribunals.
4. USER’S BEHAVIOR TO RESPECT
In the context of using the Site, each User declares, warrants, and undertakes to:
- Not infringe public order and comply with the applicable laws and regulations, respect the rights of third parties, and comply with the provisions of these GTU.
- Behave loyally towards Ucelia, other Users, and third parties.
- Be honest and sincere in the information provided to Ucelia during a contact or quote request.
- Use the Site in accordance with its intended purpose as described in these GTU.
- Not misuse the Site for committing crimes, offenses, or contraventions punishable by the Penal Code or any other law.
- Respect the privacy of third parties and the confidentiality of exchanges.
- Not seek to undermine, within the meaning of Articles 323-1 and following of the Penal Code, the automated data processing systems implemented on the Site.
- Not use the Site to send mass unsolicited messages (advertisements or others).
- Not distribute data that would have the effect of reducing, disrupting, slowing down, or interrupting the normal functioning of the Site.
In compliance with the current legal and regulatory provisions and in accordance with the law of July 29, 1981 on freedom of the press, the User undertakes not to disseminate any message or information that is:
- Defamatory towards Ucelia;
- Contrary to public order and good morals;
- Injurious, defamatory, racist, xenophobic, revisionist, or damaging to the honor or reputation of others;
- Inciting discrimination, hatred against a person or group of people based on their origin or membership/non-membership in a specific ethnicity, nation, race, or religion;
- Threatening towards a person or group of people;
- Of a pedophilic nature;
- Inciting the commission of a crime, offense, act of terrorism, or promoting war crimes or crimes against humanity;
- Inciting suicide;
- Enabling third parties to directly or indirectly obtain pirated software, software serial numbers, software enabling hacking and intrusion into computer and telecommunications systems, viruses, and other logic bombs, and, in general, any software or tool enabling infringement on the rights of others and the security of persons and property.
- In the event of a User's violation of one or more of these rules, Ucelia reserves the right to block their access to all or part of the Site, temporarily or permanently, without any compensation.
5. INTELLECTUAL PROPERTY
The User's access to the Site does not grant them any intellectual property rights related to the Site, which remains the exclusive property of Ucelia.
The trademarks, texts, logos, slogans, graphics, photographs, animations, videos, software solutions, databases, and computer elements of the Site belong to Ucelia and may not be reproduced, used, or represented without prior express authorization, under penalty of legal action.
Any representation, reproduction, modification, in whole or in part, of the Site, the data, and the accessible content, by any means whatsoever, without prior express authorization from Ucelia, is prohibited and may result in legal action.
In particular, the User expressly agrees not to:
Engage in any scraping operation or any similar technique;
Extract, by permanent or temporary transfer, the whole or a qualitatively or quantitatively substantial part of the contents of a database to another medium, by any means and in any form whatsoever;
Extract or repeatedly and systematically reuse qualitatively or quantitatively insubstantial parts of the contents of the Site's database;
Make available to the public, in any form, the whole or a qualitatively or quantitatively substantial part of the contents of the Site's database.
The hypertext links accessible on the Site, leading to other websites and, in general, to any resources existing on the Internet, do not incur Ucelia's responsibility.
The User may not, under any circumstances, establish hypertext links to deep pages of the Site, using any technical means intended to bypass the User's identification field or to extract all or part of the content of the services provided by Ucelia. The technique of "framing" is prohibited, except with Ucelia's express and prior authorization.
6. RESPONSABILITIES
Ucelia's liability cannot be incurred under any circumstances:
- In the event of temporary unavailability of the Site due to technical maintenance operations or updates of published information. The User acknowledges that Ucelia cannot be held responsible for malfunctions or interruptions of said transmission networks or the User's computer equipment.
- In the event of viral attacks.
- In the event of abnormal use or unlawful exploitation of the Site.
- Regarding the content of third-party websites to which hypertext links on the Site redirect.
- In the event of non-compliance with these GTU attributable to the User.
- In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is due to a force majeure event.
- In the event of external causes not attributable to Ucelia.
7. PERSONAL DATA PROTECTION
The User's personal data is processed in accordance with Ucelia's Privacy Policy, accessible by clicking here.
8. MODIFICATION OF THE GTU
Ucelia reserves the right to update and modify these GTU at any time, especially to comply with legislative or regulatory changes.
The applicable GTU are those in effect at the time of the User's navigation on the Site.
9. GENERAL PROVISIONS
Partial invalidity. If any provision of these GTU is declared null and void in accordance with a current legislative or regulatory provision and/or a final court decision, it shall be deemed unwritten but shall not affect the validity of the other clauses, which shall remain fully applicable. Such modification or decision shall not authorize the User to disregard these GTU in any case.
Entirety of the GTU. No indication or document shall create any obligation not included in these GTU unless it is the subject of a new agreement between the Parties.
The fact that one of the Parties has not demanded the application of any provision of these GTU, either permanently or temporarily, shall not be construed as a waiver of said provision.
Titles. In the event of any difficulty in interpreting any of the titles at the beginning of the clauses and any of the clauses themselves, the titles shall be deemed non-existent.
10. APPLICABLE LAW - DISPUTES
These General Terms and Conditions are governed by French law.
IN THE EVENT OF A DISPUTE, ONLY FRENCH COURTS SHALL HAVE JURISDICTION.
In the event of a dispute arising between Ucelia and a User regarding the interpretation, performance, or termination of these terms, the Parties shall make every effort to settle it amicably.
In the event that mediation fails or is not considered, the dispute that could have been subject to mediation shall be submitted to the competent jurisdiction specified above.