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General Terms and Conditions of Use (" GTCU ")
Article 1. Application
Octopia has put this website online to present some of Octopia's activities. The information is provided
for general information purposes only, with no guarantee of suitability for any particular purpose.
These GTCU apply to the use of the site accessible at the following address: www.octopia.com
(hereafter the "Site").
The User (hereafter the "User") undertakes, by merely accessing the Site, to comply without
reservation with the present GTCU.
Octopia reserves the right to modify the GTCU at any time. As a result, the User must regularly consult
the GTCU to be informed on any changes to these.
Article 2. User's obligations
In general, the User agrees not to make any use of the Site other than that defined in the present GTCU
and which would in particular have the effect of harming Octopia's interests in any way whatsoever.
The User undertakes to not directly or indirectly engage in any fraudulent, illicit, inappropriate or illegal
activities when using the Site, where such activities include:
- interfering (by means of a device, software, programme or otherwise) with the proper function
of the Site,
- attempting (by means of a device, software, programme or otherwise) to override any
mechanism set up by the Site to detect or prevent the conduct of such activities,
- analysis, extraction or modification of the Site,
- testing the Site's vulnerability.
The User also undertakes to not distribute, sell or offer all or part of the Site to a third party.
Article 3. Intellectual Property
3.1. Octopia is and shall remain the title holder and/or beneficiary of the right of use of all intellectual
property rights, including all literary and artistic rights and all copyrights pertaining to its tools (which
include the Site and its components), software, trademarks, drawings, models, images, texts,
photographs, videos, logos, graphic charters, search engines, databases, methods, expertise and other
elements used or made available to the User as part of its use of the Site (hereinafter referred to as
"Octopia's Intellectual Property").
3.2. The User is granted a non-exclusive, revocable, personal and non-transferable right to use the Site
worldwide for the period covering the supply of the Services.
3.3. Unless otherwise stipulated in the GTCU or Octopia has given its prior written agreement, no part
of Octopia's Intellectual Property may be copied, reproduced, downloaded, published, encoded,
translated, transferred or communicated in any way whatsoever on any other advertising or
communication medium, or for any commercial company whatsoever.
The present GTCU do not provide for the transfer or concession whatsoever of the copyright to any
part of Octopia's Intellectual Property and/or any intellectual property for which Octopia has a right of
use.
3.4. Any total or partial reproduction or representation of, or any act using Octopia's Intellectual
Property made without Octopia's express consent is prohibited and shall constitute counterfeiting
sanctioned by Articles L.335-2 and above of the French Intellectual Property Code in particular.
As such, the User shall refrain from any act or deed likely to directly or indirectly infringe on Octopia's
intellectual property rights.
The User undertakes to not overstep the authorisation that it has been granted by the present GTCU,
in particular with regard to the obligations of confidentiality regarding Octopia's Intellectual Property.
Article 4. Limitation of liability
Octopia does not guarantee that the Site or its content shall be free of error or can be accessed without
interruption.
Octopia shall not be held liable for any interruptions to or dysfunction of the internet connection or
mobile network stemming from outside elements that prevent access to the Site, even where these
elements do not constitute an event of force majeure. In such case, the User may not claim for
damages of any kind.
Octopia is notably freed of its obligation to provide access to the Site in the event of any unforeseeable
incident or case of force majeure as defined by the jurisprudence of French courts in application of
Article 1218 paragraph 1 of the French Civil Code or due to any deed attributable to a third party or
any other circumstance beyond Octopia's control that would indirectly or directly prevent the latter
from fulfilling its obligations.
ABSENCE OF DECLARATION OR GUARANTEE AND ABSENCE OF DAMAGES: THE ACCESS TO SITE
SUBJECT TO THE PRESENT GTCU IS PROVIDED WITHOUT ANY GUARANTEE, PARTICULARLY IN TERMS
OF COMMERCIAL PERFORMANCE RESULTING FROM THE USER'S USE OF THE SITE OR THE ACCURACY
AND COMPLETENESS OF THE INFORMATION AVAILABLE ON THE SITE. OCTOPIA HEREBY ACCEPTS NO
EXPRESS OR TACIT LIABILITY. OCTOPIA MAY NOT BE HELD LIABLE IN THE EVENT OF INDIRECT DAMAGE,
INCLUDING ANY LOSS OF INCOME, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, LOSS OF
INFORMATION, DATA LOSS OR NON-AUTHORISED ACCESS TO INFORMATION. TO THE FULLEST EXTENT
PERMITTED BY THE APPLICABLE LAW.
Article 5. Confidentiality
The User undertakes to not transfer information about the Site to any third party without Octopia's
prior written consent (by email in particular).
As such, the User shall take all the necessary precautions with its staff or the companies that it may
have contracted, in order to preserve the confidential nature of the information.
The information concerned by this obligation of non-disclosure includes but is not limited to all
information provided in order to access the Site or any technical information not in the public domain.
This obligation of confidentiality shall remain in effect for a period of five (5) years as from the end of
the User's use of the Site and Services.
Article 6. Applicable law and award of competence
The GTCU are subject to French law. THIS APPLIES TO RULES OF SUBSTANCE AND RULES OF FORM,
REGARDLESS OF WHERE THE SUBSTANTIAL OR ACCESSORY OBLIGATIONS ARE TO BE PERFORMED. IN
THE EVENT OF A DISPUTE, COMPETENCE SHALL BE GIVEN TO THE COMPETENT COURT OF PARIS, EVEN
IN THE CASE OF A PLURALITY OF DEFENDANTS OR OF THE INTRODUCTION OF THIRD PARTIES, AND
EVEN FOR EMERGENCY OR PRECAUTIONARY URGENT OR ON-DEMAND PROCEEDINGS.