The website www.fivesgroup.com is the exclusive property of FIVES, Société Anonyme (limited company) with an Executive Board and Supervisory Board and a share capital of € 102,723,764.00, registered in RCS Paris under number 542 023 841, and having it registered address at 3 rue drouot 75009 Paris, France, hereinafter referred to as "FIVES".
The web hosting company of www.fivesgroup.com is Fives Information Technology & Systems, 3 rue drouot 75009 Paris, France.
- "Website" means website www.fivesgroup.com, including all content such as text, graphics, photo, graphics, sounds, data, images, software, etc. owned by FIVES or licensed to FIVES;
- "Website Material" means software, services, features, news and more generally all elements and data included on the Website; and
- "User" means any person accessing the Website and browsing the public areas of the Website.
The Website is provided by FIVES for information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. By accessing and downloading any Website Material, you agree to be bound by this Legal Notice as if you had signed them. In case of disagreement with this Legal Notice, please do not access or use this Website.
You hereby acknowledge and agree with the following:
- FIVES is the owner of the website accessible at the following address www.fivesgroup.com
- This Legal Notice constitutes the agreement between FIVES and each User accessing or using the Website.
This Legal Notice and future amendments shall remain valid as long as they are available on the Website.
2. Services on Website
The Website is available 24 hours on 24, 7 days on 7.
FIVES wishes to maintain constant improvement of the services available on the Website. Accordingly, FIVES can make any necessary changes in the services available on the Website. Using services offered on the Website will be deemed as an acceptance by the User of the modified services available on the Website.
FIVES reserves the right to occasionally interrupt any services on the Website without justification, or suspend access to the Website for whatever reason, at any time and without prior notice.
The User hereby accepts to waive any recourse against FIVES for any consequences as a result of interruption or suspension of the Website regardless of its duration.
3. Property / Right of use
FIVES is the owner or has been granted any necessary rights with respect to any Website Material.
FIVES shall grant the User a worldwide, non-exclusive, non-transferable, and limited right to use the Website. The User may access, copy, download and print the Website Material for its use, provided that the User does not modify or delete any copyright, trademark or other proprietary notice that appears on such Website Material. Any other use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Website Material, information, software, products or services obtained from the Website, or use of the Website for purposes, is expressly prohibited.
No license and no right other than to consult the Website is granted to the User. In particular, the User is not entitled to modify, in any manner whatsoever, translate or incorporate all or part of the Website. In addition, distinctive signs, including but not limited to company names, logos, products and brands mentioned on the Website or contained in the Website Material are the property of FIVES. They cannot be used without the prior written agreement of FIVES. The User continues to hold the rights related to the elements that he may transmit to FIVES through the Website.
The User who provides information to FIVES hereby grants to FIVES an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information throughout the world in any media. Such information will be considered non-confidential. Consequently, the user grants FIVES for the duration of this Legal Notice, and in accordance with the same, worldwide, non-exclusive, non-transferable, rights to reproduce and present on digital media the elements of the site as well as all distinctive signs such as trademarks and logos.
4. Material provided by the User
The User guarantees to Fives that:
- information, data and other elements supplied on the Website are accurate, current, complete, and decent;
- it is authorized to provide such information, data and other elements; and
- the information, data and other elements provided on the Website are not subject to the rights of any third party and in particular do not infringe pre-existing rights of any third party.
The User shall indemnify and hold FIVES harmless from any suit or action, objection and opposition for breach by the User of the foregoing guarantee. The User will shall indemnify and hold FIVES harmless from any suit or action of any third party for wrong or misleading nature of the information posted on the Website by the User.
The User shall not use the tools and features of the Website inaccurately, upload any software viruses through documents or programs, or act in such a manner that could create damage, interfere with or copy software, data or information from the Website.
ACCESSING AND BROWSING ON THE WEBSITE SHALL BE AT THE SOLE RISK OF THE USER.
THE WEBSITE AND THE WEBSITE MATERIAL ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
FIVES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT WEBSITE MATERIAL ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY.
IF THE USER DOWNLOADS ANY WEBSITE MATERIAL, THE USER MAY DO SO AT ITS OWN DISCRETION AND RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH WEBSITE MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM FIVES OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. FIVES DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE WEBSITE MATERIAL IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. FIVES MAY MAKE CHANGES TO THE WEBSITE AND TO PARTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.
FIVES RESERVES THE RIGHT TO RESTRICT OR TERMINATE THE USER’S ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
6. Limitation of Liability
IN NO EVENT SHALL FIVES BE LIABLE TO THE USER FOR LOSS OF PRODUCTION, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF REPUTATION OR OPPORTUNITY AND ANY OTHER PURELY FINANCIAL LOSS, OR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT AND/OR CONSEQUENTIAL LOSS AND/OR DAMAGE OF ANY NATURE ARISING FROM, OUT OF OR AS A RESULT OF THE WEBSITE, HOWSOEVER CAUSED AND WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE EVEN IF FIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE USER ACKNOWLEDGES THAT FIVES, AS WELL AS ITS CONTENT AND SERVICE PROVIDERS (AND IN PARTICULAR THE WEB HOSTING COMPANY) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGE TO THE USER ARISING DIRECTLY OR INDIRECTLY FOR (I) DISSEMINATION OF FALSE INFORMATION, OR (II) ANY DELAY IN THE DELIVERY OF WEBSITE SERVICE AND/OR INFORMATION DISSEMINATION, CAUSED BY DEFECTS AFFECTING WEBSITE, INTERRUPTIONS OR CONNECTION, FRAUDULENT ACTIONS OF ANY THIRD PARTIES.
FIVES SHALL NOT BE HELD RESPONSIBLE FOR THE CONSEQUENCES RESULTING FROM IMPROPER OR FRAUDULENT USE OF THE WEBSITE.
USER SHALL WAIVE ALL RIGHTS OF RECOURSE AGAINST FIVES FOR ANY DAMAGES, COSTS, EXPENSES BASED ON A MISUNDERSTANDING OR LACK OF KNOWLEDGE OF THE LEGAL NOTICE OR THE USE OF THE WEBSITE MATERIAL.
If any of the provisions of this Legal Notice is found to be void and unenforceable, such provision shall be deemed to be deleted from this Legal Notice and the remaining provisions of this Legal Notice shall continue in full force and effect.
8. Applicable Law
The laws of France shall govern this Legal Notice and the use by the User of the Website.
The Commercial Court (Tribunal de Commerce) of in Paris, France, shall have exclusive jurisdiction over any dispute arising out of this legal notice or any action relating to the enforcement of its provisions.
1. General. Provisions
2. Collection of personal data
Personal data provided by the User may be retained by FIVES to keep record of access to the Website by the User, to meet his expectation by creating a User profile, or contact him by email or by other means.
FIVES did not intend to retain personal data collected for a period exceeding the necessary period for the purpose of such collection.
The User is informed that FIVES reserves the right to implement "cookies," which are small data files that can be transferred to the hard disk of the User to record information relating to the navigation of the computer on the Website.
"Cookies" do not identify the User but cookies are only used to identify information of the User browsing the Website. Cookies help FIVES to see how the Website is used, to make improvements and update the Website based on data (such as the number of users connected to the Website) collected by cookies.
Refusal of cookies may result in reduced functionality and diminished experience of the Website.
4. Use of data provided by the User
FIVES reserves the right to undertake studies and statistical analyzes from the information and data provided by the User, and to use the same for editorial purposes in order to improve the quality of services available on the Website.
5. Links to other websites
FIVES Website contains links to other websites owned by any third party for whom FIVES has no control on the content and where FIVES cannot be held liable.
FIVES cannot be held responsible for the processing of personal data, the content and the use of any websites owned by any third party or any link contained in a linked website, or any changes or updates to such websites and to which access by the User shall be at his own risk and peril.
The User is requested by FIVES to study the processing of personal data, applied to the website owned by any third parties and also check the terms of the processing of personal data when the User clicks or interacts with a link leading to a website owning by any third parties
6. Commitment of the User
The User shall refrain from any act which are detrimental to the privacy or reputation of others or any other person, and shall avoid comment, message or text defamatory, provocative, malicious or threatening.
The User of the Website, when providing information and data to FIVES through the Website, guarantees the accuracy and correctness of such information and data provided to the Website, and is fully empowered and authorized to provide the same.
Any use of the Website is always subject to compliance with applicable law and any failure to comply with applicable law may lead to prosecution.
7. Right of access to personal data
The User has control over its personal data in accordance with the French Law 78-17 dated 6 January 1978 including any further amendments to this Law. The User has a right of access, modification and deletion of personal data. For this purpose, the User is invited to contact the Webmaster of www.fivesgroup.com at the address firstname.lastname@example.org or to write to FIVES, to the attention of the GIE dept. : Fives, 3 rue drouot, 75009 Paris, France.
In accordance with the applicable regulations protecting personal information, access right to personal data is a personal right that can be exercised only by the person concerned by such information.
8. Disclosure of personal information related to the User
FIVES shall have the right at any time to disclose any information related to the User for compliance with applicable regulations.
FIVES does not sell personal information to third parties.
FIVES reserves the right to disclose and report to the authorities any information concerning User failing to comply with the applicable regulations applicable to the Website as well as any activity of the User that may be illegal.