General conditions of use

 

GENERAL CONDITIONS OF USE

www.lexception.com

Effective Date: August 1, 2022

 

1.     OBJECT

 

The purpose of these terms and conditions of use is to define the terms and conditions of use of the services offered on the site (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.

 

They are accessible and printable at any time by a direct link at the bottom of the homepage of the site.

 

They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.

 

 

2.     SERVICE OPERATOR

 

The Services are operated by L'EXCEPTION, a simplified joint-stock company with a capital of €3,766,323, registered with the Paris Trade and Companies Register under number 534 017 280, whose registered office is located at 12 rue Philippe de Girard, La Caserne, 75010 Paris (hereinafter “L’EXCEPTION”).

 

The EXCEPTION can be contacted at the following coordinates:

 

Postal address: 12 rue Philippe de Girard, La Caserne, 75010 Paris

Email: contact@lexception.com

 

 

3.     ACCESS TO SITE AND SERVICES

 

The Services are accessible, subject to the restrictions provided on the site:

 

-           to any natural person having full legal capacity to engage under these terms and conditions. A natural person who does not have full legal capacity may access the Site and the Services only with the agreement of his legal representative;

 

-           to any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.

 

 

 

4.     ACCEPTANCE OF GENERAL CONDITIONS

 

Acceptance of these terms and conditions is indicated by a check box in the registration and/or contact form. This acceptance can only be full and complete. Any qualified membership is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Services.

 

 

5.     SITE LISTING

 

The use of the Services requires the User to register on the site, by completing the form provided for this purpose. The User must provide all information marked as mandatory. Any incomplete registration will not be validated.

 

Registration automatically results in the opening of an account in the User’s name (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space") which enables it to manage its use of the Services in a form and according to the technical means which the EXCEPTION deems most appropriate for rendering the said Services.

 

The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not tainted by any misleading character.

 

He undertakes to update this information in his Personal Area in case of modifications, so that they always correspond to the aforementioned criteria.

 

The User is informed and agrees that the information entered for the purpose of creating or updating his Account constitutes proof of his identity. The information entered by the User binds him as soon as they are validated.

 

The User can access his Personal Area at any time after logging in using his login ID and password.

 

The User undertakes to use the Services personally and to not allow any third party to use them on his behalf or on his behalf, except to bear full responsibility for them.

 

They are also responsible for maintaining the confidentiality of their username and password. He must immediately contact the EXCEPTION to the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes the EXCEPTION’s right to take all appropriate measures in such cases.

 

 

6.     DESCRIPTION OF SERVICES

 

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that the EXCEPTION deems most appropriate.

 

 

7.     FREE SERVICES

 

The Services are provided free of charge.

 

 

8.     DATA

 

The User expressly acknowledges and accepts:

 

(i)        that the data collected on the site and on the computer equipment of the EXCEPTION are proof of the reality of the operations carried out in the framework hereof;

 

(ii)       that these data constitute the only mode of evidence accepted between the parties, in particular for the calculation of the sums due to the EXCEPTION.

 

The User can access this data in his Personal Space.

 

 

9.     OBLIGATIONS OF THE USER

 

Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations:

 

The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to prejudice the rights of third parties or public order.

 

In particular, it shall be solely responsible for the proper completion of all administrative, tax and/or social security formalities and all payments of contributions, taxes or taxes of all kinds incumbent on it, where applicable, in relation to its use of the Services. Under no circumstances may the EXCEPTION be held liable in this respect.

 

The User acknowledges having read on the site the characteristics and constraints, especially technical, of all the Services. It is solely responsible for its use of the Services.

 

The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

 

The User is also solely responsible for the relations he may establish with other Users and for the information he communicates to them within the framework of the Services. It is his duty to exercise appropriate prudence and discernment in these relations and communications. The User also undertakes, in its exchanges with other Users, to respect the usual rules of politeness and courtesy.

 

The User undertakes to make strictly personal use of the Services. Accordingly, the Contractor shall not assign, grant or transfer any of its rights or obligations hereunder to any third party in any manner whatsoever.

 

The User undertakes to provide the EXCEPTION with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with the EXCEPTION for the proper execution of this document.

 

The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image possibly chosen by the User to identify it on the site) that it broadcasts within the framework of the Services (hereinafter referred to as the “Contents”).

 

It guarantees THE EXCEPTION that it has all the rights and authorisations necessary for the distribution of these Contents.

 

It undertakes that such Content is lawful, does not infringe public order, good morals or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, are in no way likely to involve the civil or criminal liability of the EXCEPTION.

 

The User is thus prohibited from disseminating, in particular and without this list being exhaustive:

 

-        Pornographic, obscene, indecent, offensive or inappropriate content to a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,

-        Infringing Content,

-        Contents that are affected by the image of a third party,

-        Content that is deceptive, misleading or proposing or promoting illegal, fraudulent or deceptive activities,

-        Content harmful to third party computer systems (such as viruses, worms, Trojan horses, etc.),

-        and more generally, Content that may infringe the rights of third parties or be harmful to third parties in any way and in any form.

 

The User acknowledges that the Services offer it an additional but not alternative solution to the means it already uses to achieve the same objective and that this solution cannot replace these other means.

 

The User must take the necessary measures to safeguard by his own means the information he deems necessary, of which no copy will be provided to him.

 

The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

 

 

10.  USER GUARANTEE

 

The User guarantees THE EXCEPTION against any complaints, claims, actions and/or claims that the EXCEPTION may suffer as a result of the violation, by the User of any of its obligations or warranties under these terms and conditions.

 

He undertakes to indemnify THE EXCEPTION for any damage that it may suffer and to pay him all expenses, charges and/or convictions that it may have to bear as a result.

 

 

11.  PROHIBITED CONDUCT

 

It is strictly prohibited to use the Services for the following purposes:

 

-        the carrying out of illegal, fraudulent or infringing activities affecting the rights or security of third parties,

-        breach of public order or violation of existing laws and regulations,

-        the intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of the computer system of a third party, violating its integrity or security,

-        sending unsolicited emails and/or prospecting or commercial solicitation,

-        manipulations intended to improve the referencing of a third-party site,

-        aid or encouragement, in any form or manner, to one or more of the acts and activities described above,

-        and more generally any practice diverting the Services for purposes other than those for which they were designed.

 

It is strictly forbidden for Users to copy and/or misuse for their own or third party purposes the concept, technologies or any other element of the EXCEPTION website.

 

It is also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into the systems of the EXCEPTION, (iii) any misappropriation of the site’s system resources, (iv) any actions likely to impose a disproportionate burden on the site’s infrastructures, (v) any breaches of security and authentication measures, (vi) all acts of such a nature as to infringe the financial, commercial or moral rights and interests of the EXCEPTION or the users of its site, and finally more generally (vii) any breach of these general conditions.

 

It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the site, as well as the information hosted and/or shared there.

 

 

12.  SANCTIONS OF DEFAULT

 

In the event of a breach of any of the provisions of these General Conditions or more generally, of the laws and regulations in force by a User, THE EXCEPTION reserves the right to take any appropriate action and in particular to:

 

(i)    suspend or terminate access to or participation in the Services of the User who committed the breach or infringement,

(ii)   delete any content posted on the site,

(iii)  publish on the site any information message that the EXCEPTION deems useful,

(iv)  notify any authority concerned,

(v)   initiate any legal action.

 

 

13.  LIABILITY AND GUARANTEE OF THE EXCEPTION

 

The EXCEPTION undertakes to provide the Services diligently and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, what the Users expressly recognize and accept.

 

The EXCEPTION has no knowledge of the Content put online by Users within the framework of the Services, on which it does not make any moderation, selection, verification or control of any kind and in respect of which it intervenes only as a hosting provider.

 

Consequently, THE EXCEPTION cannot be held responsible for the Content, whose authors are third parties, any complaint having to be directed in the first place to the author of the Content in question.

 

Content harmful to a third party may be the subject of a notification to the EXCEPTION in accordance with the procedures provided for in Article 6 I 5 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, The EXCEPTION reserves the right to take the measures described in Article 12.

 

The EXCEPTION declines all responsibility in case of possible loss of the User’s information, the latter must save a copy of it and cannot claim any compensation in this respect.

 

The EXCEPTION undertakes to carry out regular checks in order to verify the functioning and accessibility of the site. As such, the EXCEPTION reserves the right to temporarily interrupt access to the site for maintenance reasons. Likewise, THE EXCEPTION cannot be held responsible for the difficulties or momentary impossibilities of access to the site which have as their origin circumstances which are external to it, force majeure, or that would be due to disturbances in telecommunications networks.

 

The EXCEPTION does not guarantee to Users (i) that the Services, which are constantly searched for in order to improve their performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and not offered solely for the benefit of a given User according to his own personal constraints, will specifically meet his needs and expectations.

 

In any event, the liability that may be incurred by THE EXCEPTION hereunder is expressly limited to direct and proven damages suffered by the User.

 

 

14.  INTELLECTUAL PROPERTY

 

Systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) exploited by the EXCEPTION within the site are protected by any intellectual property rights or rights of the producers of databases in force. All disassemblies, decompilations, decryptions, extractions, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, In whole or in part, without the authorization of the EXCEPTION are strictly prohibited and may be the subject of legal proceedings.

 

 

15.  PERSONAL DATA

 

The EXCEPTION applies a privacy policy whose characteristics are explained in the document entitled «Privacy Policy», which the User is expressly invited to read on the site.

 

 

16.  PUBLICIST

 

The EXCEPTION reserves the right to insert on any page of the site and in any communication to the Users any advertising or promotional messages in a form and under conditions of which the EXCEPTION will be the sole judge.

 

 

17.  THIRD-PARTY LINKS AND SITES

 

The EXCEPTION may in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User would access via the site.

 

The EXCEPTION does not assume any responsibility for the content, advertisements, products and/or services available on such third-party websites and mobile applications, which are reminded that they are governed by their own terms of use.

 

The EXCEPTION is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to which the User would be directed through the site and may not in any case be party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, representations and other obligations to which such third parties are bound.

 

 

18.  DURATION OF SERVICES, DESINSCRIPTION

 

The Services are subscribed for an indefinite period.

 

The User may unsubscribe from the Services at any time, by sending a request to this effect to L'EXCEPTION by email, to the contact details mentioned in Article 2.

 

The unsubscribe is effective immediately. This automatically deletes the User Account.

 

 

19.  MODIFICATIONS

 

The EXCEPTION reserves the right to modify these general conditions at any time.

 

The User will be informed of these changes by any useful means.

 

The User who does not accept the modified terms and conditions must unsubscribe from the Services in accordance with the terms set out in Article 18.

 

Any User who uses the Services after the entry into force of the amended Terms and Conditions is deemed to have accepted these changes.

 

 

20.  TONGUE

 

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in case of contradiction or dispute over the meaning of a term or provision.

 

 

21.  APPLICABLE LAW AND JURISDICTION

 

These general conditions are governed by French law.

In the event of any dispute as to the validity, interpretation and/or enforcement of these General Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, unless otherwise required procedural rules.

 

 

22.  ENTRY INTO FORCE

 

These terms and conditions came into effect on August 1, 2022.

 

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