Terms and Conditions of Use of the Website
Article 1 : Introduction
These Website Terms and Conditions of Use (these “Terms”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”).
These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if it has any objection to any of these Terms.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and a client must not use this Website if it is a minor.
Article 2 : Intellectual Property Rights
Other than that content you own, which you may have opted to include on this Website, under these Terms, SPICTCHE and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
Without prejudice to the generality of the foregoing paragraph, the intellectual property and material shall include trademarks, logos, source codes and other signs.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing download for caching purposes only, and printing pages from the Website.
Article 3 : Restrictions
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, renting, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
- editing or otherwise modifying any material on the Website;
- redistributing material from this Website;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user’s access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other
- similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
- using this Website in any way that causes, or may cause, damage to the Website;
- using this Website in any way that causes, or may cause, damage impairment of the availability or accessibility of the Website;
- using this Website in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- using this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
You consent to SPITCHE enforcing these rules which may result in a temporary or permanent suspension or termination of your account or use of certain functions of the Site, with or without notice, and SPITCHE shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
Article 4 : Your Content
In these Terms, “your Content” means material, including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
Your Content is your sole responsibility.
Your Content must be legal and lawful, be your own, must not be infringing on any third party’s rights and must not be capable of giving rise to legal action whether against you or SPITCHE or a third party.
SPITCHE reserves the right to remove any of Your Content from this Website, or stored of SPITCH servers, at any time, and for any reason, without notice.
You grant SPITCHE a nonexclusive, worldwide, perpetual, fully paid, royalty-free, right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials in any existing or future media. You also grant SPITCH the right to bring an action for infringement of these rights.
You warrant that your Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
SPITCHE appreciates your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Article 5 : Access
SPITCHES tries to make the Website available 24 hours a day, 7 days a week, except for planned down-time for maintenance or technical issues.
Certain areas of this Website are restricted from access by you and SPITCHE may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.
Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
Article 6 : Indemnity
You hereby indemnify to the fullest extent SPITCHE from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising out of or in any way related to your breach of any of the provisions of these Terms.
Without prejudice to the generality of the foregoing paragraph, you shall indemnify to the fullest extent SPITCHE from legal expenses and any amounts paid by SPITCHE to a third party arising out of or in any way related to your breach of any of the provisions of these Terms.
Article 7 : Breaches of the Terms of Services
Without prejudice to SPITCHE’S other rights under these terms and conditions, if you breach these terms in any way, SPITCHE may take such action as SPITCHE deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the website, contacting your internet service
provider to request that they block your access to the Website and/or bringing court proceedings against you.
Article 8 : No warranties
THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, SPITCHE MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS WEBSITE OR THE
INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE.
SPITCHE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPICTHE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS AND INFORMATION AVAILABLE ON OR THROUGH THE SITE. SPICTHE DISCLAIMS ANY WARRANTIES REGARDING THE CONTINUOUS PERFORMANCE OF THE WEBSITE, OR THE ABSENCE OF BUGS.
Without prejudice to the generality of the foregoing paragraph, SPITCHE does not warrant that this Website will be constantly available, or available at all, that the information on this Website is complete, true, accurate or non-misleading or the fitness of the Website for a particular purpose.
Article 9 : Limitation of liability
SPICTHE has an obligation to use its best efforts, but not to achieve a specific result.
You assume the entire risk for any damage or result arising from the use of the Website.
In no event shall SPITCHE nor any of its officers, directors and employees, be liable in case you fail to meet its commercial and financial targets related to the use of the Website.
IN NO EVENT SHALL SPITCHE NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, SUCH AS: THE LOSS OF DATA, OF GOODS, REVENUE, PROFITS OR CONTRACTS, DAMAGES TO THE IMAGE, REPUTATION OR GOODWILL, WHICH MAY RESULT FROM ANY USE OR FROM THE UNAVAILABILITY OF THE WEBSITE.
SPITCHE shall only be liable in case of acts committed by SPICTHE for the performance of the contract and only where a cause-and-effect relationship is proved between the alleged damages and SPITCHE’s willful misconduct or gross negligence.
IN ANY EVENT, SPICTHE’S TOTAL LIABILITY SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT (EXCLUDING TAXES) PAID BY YOU FOR THE USE OF THE WEBSITE, WHETHER SUCH
LIABILITY IS UNDER CONTRACT, TORT OR OTHERWISE AND HOWEVER THE PROCEDURE THAT WAS USED FOR ITS RECOGNITION.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICE FOR YOU.
Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. Nothing in these Terms will exclude or limit SPITCHE’s liability in respect of death or personal injury caused by SPITCHE’s negligence and fraud or fraudulent misrepresentation on the part of SPITCHE.
Article 10 : External Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by SPICTHE.
SPICTHE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SPITCHE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Article 11 : Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted
without affecting the remaining provisions herein.
Article 13 : Waiver
No delay in exercising any right or remedy or failure to object under these Terms will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
Article 14 : Variation of Terms
SPICTHE is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
When SPITCHE revises the Terms, the “Last Modified” date above will be updated to reflect the date of the most recent version.
You should review these Terms periodically.
Article 15 : Assignment
SPICTHE shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Article 16 : Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, the General Terms and Conditions of Sale and the Data Policy constitute the entire agreement between SPITCHE and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
ARTICLE 17 : GOVERNING LAW & JURISDICTION
THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE FRANCE.
IN CASE OF ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH OR UNDER THEIR AGREEMENTS THE PARTIES SHALL FIRST SEEK TO RESOLVE THE DISPUTE OR CLAIM BY THE CMAP’S CONCILIATION PROCEDURE.
IF THE PARTIES FAIL TO REACH AN AMICABLE RESOLUTION OF THEIR DISPUTE, THEN THE DISPUTE WILL BE REFERRED TO THE EXCLUSIVE JURISDICTION OF PARIS’ COURTS OF LAW.