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Terms of Use

LEGAL NOTICE OF THE LPG EXTRANET DISTRIBUTOR
This version is valid as of 28/09/2006
LPG-SYSTEMS (hereafter called LPG) has opened the site http://www.lpgsystems.net (hereafter called the WEBSITE) whose objective is to make SUPPORTS available to its professional clients in France and to its official distributors abroad, in order to allow their use under the conditions mentioned below.
« PROFESSIONAL CUSTOMER » means any physical or moral person who has acquired one or several professional devices (E6, R6, CELLU M6 KEYMODULE I, CELLU M6 KEYMODULE S, or HUBER) directly from LPG in France.
« OFFICIAL DISTRIBUTOR » means any physical or moral person who has concluded a distribution contract with LPG which is still in effect, for a specific geographic area.
The PROFESSIONAL CUSTOMER or the OFFICIAL DISTRIBUTOR is also hereafter referred to as the INTERNET USER.
“SUPPORT” means all documents, images, designs, photographs, compositions, artwork or any other visual representation regardless of the format (especially JPEG, high or low definition PDF, XPRESS, Indesign...) downloaded by the INTERNET USER from the WEBSITE.
1. WEBSITE OWNER:
The WEBSITE is the property of the LPG Systems Company which has a capital of 2,000,000 euros, is registered under the number B 335 183 836 on the Romans RCS [Registre du Commerce et des Societés (The Trade and Companies Register)] and whose head office is located at 30, rue Dr Abel - Technoparc de la Plaine – 26000 VALENCE (FRANCE).
The LPG Company is the WEBSITE content Manager.
2. CONNECTION TO THE WEBSITE
1. Upon request, LPG duly sends its connection logins (user identification and password) as well as the general terms of use (hereafter referred to as GCU) that are in effect, to the INTERNET USER by any possible means and especially by email.
Any connection to the WEBSITE implies acceptation without reserve and respect of the GCU which LPG reserves the right to change and update at any moment. The new GCU become effective as of the date that they are put on line on the website http://www.lpgsystems.net. The new GCU are binding to the INTERNET USER who consequently must regularly refer to this section “Terms of Use” to verify the GCU in effect.
2. During all connections to the WEBSITE, the INTERNET USER must systematically use the connection identifiers with which he/she was supplied. The INTERNET USER is solely responsible for the preservation of the confidentiality of his connection identifiers and agrees to take all necessary measures to ensure complete confidentiality and to ensure disconnection after each session. All WEBSITE connections with the INTERNET USER’s connection identifiers are considered to be done by the INTERNET USER himself/herself and the INTERNET USER is responsible for all resulting consequences. The INTERNET USER agrees to immediately inform LPG of any unauthorised utilisation of his/her user identification and password and in general of all matters of security of which he/she is aware.
3. LPG reserves the right to suspend or cancel access to the WEBSITE in case of fraudulent use or the attempt at fraudulent use of access, or if the conditions required of the INTERNET USER are no longer filled. Under such conditions, LPG will inform the INTERNET USER by any available means and especially by email.
3. INTELLECTUAL PROPERTY
1. The title, design, form, and content (trademarks, texts, colour organisation, artworks and original images) of the WEBSITE, its general architecture and presentation as well as all software, software compilation, source code, and in general all information or documents in the WEBSITE as well as all the elements created for the site are either the property of LPG or its subsidiaries or are subject to utilisation, reproduction and authorized representation rights granted in favour of the aforementioned.
These information, documents or elements are subject to the copyright protection laws.
2. Any use of a SUPPORT for other reasons and/or under other conditions than those specified in article 5 below, as well as any change, utilisation or diffusion on any support or media whatsoever are strictly forbidden and constitute forgery which is sanctioned by the Intellectual Property Code.
3. In order to read the file downloaded for the SUPPORT, the INTERNET USER must have at his/her disposal, a computer that is compatible in terms of power (CPU, memory...), with the volume of data to be treated, as well as an up to date license of the software adapted to the format of the downloaded file (especially ACROBAT) regularly obtained from the editor. The INTERNET USER agrees that in order to treat and change the SUPPORT made available to him/her via the WEBSITE, he/she or any third party appointed by him/her as representative will secure a current user license for the software adapted to the format of the downloaded file (especially ACROBAT PROFESSIONNAL v 6.0). On specific request, LPG may supply complete references for the aforementioned software as well as those of other elements of intellectual property (notably typography) for which the INTERNET USER must obtain the rights if he wishes to use them.
4. SPECIAL PARTICULARITIES
Unless otherwise specified, the business names, logos, products and brands, verbal and/or figurative, cited on the WEBSITE are the property of LPG or were granted to it. Of note, without this list being exhaustive, the names CELLU M6, COSMECANIQUE, E6, ENDERMOLOGIE, KEYMODULE, LIFT6, LPG, LPG SYSTEMS, R6, RESULTS6, S6, and WELLBOX are registered trademarks, or not, in France and/or abroad.
5. SUPPORT USER LICENSE
1. By connecting to the WEBSITE and checking off the box «I agree with Terms of use» during downloading of any SUPPORT, the INTERNET USER specifically acknowledges acceptance without reserve and the respect of the GCU and especially the conditions of the user license for the downloaded SUPPORT described in this article.
2. Protected by copyright, each SUPPORT remains the sole and exclusive property of LPG or its licensors. Under the conditions described in article 5 herein, LPG grants the INTERNET USER, who accepts the non-exclusive right to utilisation, operation, representation and reproduction of the SUPPORT.
Each SUPPORT, in totality or in part, must only and can only be utilised in relation to one of the Devices (E6, R6, CELLU M6, S6, LIFT 6, RESULTS 6, WELLBOX and/or HUBER) and/or one of the consumables marketed by LPG, to the exclusion of all other use, product, device or service. Failing this, such utilisation will be considered as particularly incorrect and could lead to a cancellation of the current license and/or cancellation of the distribution contract.
3. In principle the INTERNET USER agrees (i) not to make any changes (colour, size...) or addition, even minor, to the SUPPORTS, except for obligatory technical changes that are necessary for their utilisation; (ii) not to attempt by any means whatsoever, to completely or partially delete and/or mask the digital tattooing (IDDN) of any SUPPORT.
For those SUPPORTS which constitute advertising and/or finalised promotional documents, the INTERNET USER may translate the text incorporated in the SUPPORT while preserving the sense and the original page layout. Nevertheless, any change in page layout justified especially by linguistic constraints of translation, local regulations or typography used, is authorised. In any event the adapted SUPPORT must always preserve the LPG logo as well as the website address www.lpgsystems.com. Any translation of a SUPPORT done by the INTERNET USER must remain true to the design supplied by LPG while adapting, if necessary to the prescribed and/or local cultural context that the INTERNET USER will obligatorily verify with local legal counsel and/or the competent authorities.
When the SUPPORT is used, especially in the case of a photograph, a design or an image, the INTERNET USER agrees to mention clearly and explicitly every time, the « LPG © » (http://www.lpgsystems.com) reference as well as the name of the photographer or the appropriate owner with the copyright © reference if necessary.
4. The INTERNET USER agrees to verify on the WEBSITE for each SUPPORT and if necessary, to respect the possible conditions of use (geographic area, type of reproduction and authorised communication) specific to the downloaded SUPPORT.
5. This concession of utilisation rights is personal to the INTERNET USER, it is neither assignable nor transferable even in case of a free or onerous transfer, loan, exchange or renting of the device and/or its activity to a third party.
6. LPG reserves the right, for any reason whatsoever, to notify the INTERNET USER at any moment that certain SUPPORTS are no longer available and/or can no longer be utilised. When such information is sent, the INTERNET USER is informed that the user license granted for the utilisation of the SUPPORT in question is automatically and immediately cancelled on the date the information is given or on a specified date. Moreover he/she agrees not to utilise the SUPPORT (s) in question for his/her future communication promotion campaigns and to take all reasonably necessary measures to stop the utilisation.
7. The placing of technical maintenance guides and/or of technical bulletins at the disposal of the INTERNET USER via the WEBSITE which correct, complete or update the said guide, shall not replace obligatory training which must be followed by the Distributor technicians.
6. HYPERTEXT LINKS
1. No-one can put in place a hyperlink that is directed towards this WEBSITE, without prior special authorisation of LPG.
2. LPG formally refuses to accept any responsibility concerning the contents of the sites towards which it offers links which allow access to web pages other than those of its sites. The links are offered to the users of the site as a service. The decision to activate the links is the exclusive right of the INTERNET USER.
7. RESPONSIBILITY
1. LPG does its best to maintain access to the WEBSITE. Nonetheless, LPG does not guarantee the availability and access time of the WEBSITE, and cannot be held responsible for the timeliness, deletion, the non-placement on line or the non-storage of one or several SUPPORTS. LPG may have cause to interrupt access to the WEBSITE, temporarily or definitely, especially for legal, technical or maintenance reasons. No indemnity will be granted by LPG for the unavailability of the WEBSITE whether temporary or permanent.
2. Neither LPG nor its affiliated companies, nor its Managers, employees or other representatives, may be held responsible for damages, loss of data, direct or indirect damages such as loss of the market, loss of customers, loss of revenue or lack of earnings experienced by the internet user in relation to the utilisation of the WEBSITE and in general, any commercial problems whatsoever which may result from the impossibility to access the site, regardless of the duration, the utilisation of erroneous information and/or of the content. In any event, if LPG must be held responsible, this responsibility cannot exceed the amount before tax of the last order of the INTERNET USER.
8. PERSONAL DATA
1. In conformance with the « Information Technology and Liberties » law (amended law n° 78-17 of January 6, 1978), LPG hereby declares that no private data is collected concerning the INTERNET USER on the WEBSITE.
In order to facilitate and follow the navigation of the INTERNET USER on the WEBSITE, LPG utilises cookies for which the INTERNET USER must allow reception by configuring his/her browser. Failing this the connection may not succeed. Finally, because of the rights of intellectual property granted, the INTERNET USER is advised that a connection log file for the WEBSITE is preserved as well as a list of the SUPPORT (S) downloaded.
2. In conformance with the « modified Information Technology and Liberties » law, the INTERNET USER disposes of the right to access, change, rectify and delete data concerning him/her. Under these conditions, the INTERNET USER has the right, upon request addressed by e-mail (webadmin@lpgsystems.com) or by post to the following address, to access data concerning him/her and/or to receive a copy of this:
LPG SYSTEMS - Service TI
30, rue Dr Abel - Technoparc de la Plaine - 26000 VALENCE (FRANCE)
9. APPLICABLE LAW
Notwithstanding the translation in one or several foreign languages, the official language of the GCU is the French language.
Any contestation of the conclusion, the execution or the cancellation of this concession of user rights shall be filed in the jurisdiction of the LPG head office. Only French law is applicable.