General conditions of access and use of the "Techniques de l'Ingenieur" website

DISCLAIMER

The documentary database published on the Internet by Editions T.I. is the fruit of our investments, our know-how in the field of technical publishing and the work of our specialist editors, the authors of the contributions you will find on our site. These contributions, know-how and investments are protected by copyright and related rights. This includes the legal and technical protection of our database and the documents it contains. Any unlawful use of the contents of the database is liable to civil and, where applicable, criminal penalties under the law on counterfeiting or the specific protection of databases. A user will be presumed "licit" if he demonstrates that his rights derive from a contract concluded directly with Editions T.I. or from a legal entity having concluded a paying user license for the personal and non-exclusive use of the documentary database, access to which is in principle restricted via a "login" and a "password". A user will be presumed "illicit" if he/she has obtained such a document by any other means of access, or if he/she was aware of the origin of the documents and the restrictions on use, of the protection of the document base, or of the illicit nature of the access or use. Illicit or abusive use constitutes an offence of counterfeiting and is punishable by 3 years' imprisonment and a fine of 300,000 Euros for users and/or customers. Subscribers are advised to refer to the General Terms and Conditions of Sale and Supply and the Special Terms and Conditions for Online Access and Consultation, in order to access the documents and to be aware of the specific limits on the use of the document database by users who are under their responsibility.

GENERAL CONDITIONS OF ACCESS AND USE OF THE ENGINEERING TECHNIQUES WEBSITE

This site, like the other Éditions Techniques de l'Ingénieur sites, is one of the information and professional services sites associated with Groupe Weka publications.

DÉFINITIONS

Éditions T.I.: refers to the company that publishes Techniques de l'Ingénieur.

The User: refers to any natural person who has accepted the present general conditions of access and use for consultation of the Techniques-ingenieur.fr website.

The Contract or Agreement: refers to the present general conditions of access and use governing relations between the User and Editions T.I.

The Site: refers to the Internet site www.techniques-ingenieur.fr (and www.techniques-ingenieur.com) published and operated by Editions T.I.

Techniques de l'Ingénieur: refers to the Site including, in particular, the databases comprising all the texts, media, tools, software and files of the professional information and services site accessible electronically on the Internet site www.techniques-ingenieur.fr (and www.techniques-ingenieur.com). These databases are regularly updated.

ARTICLE 1. PURPOSE AND ACCEPTANCE OF THE GENERAL AND SPECIAL CONDITIONS OF THE EDITIONS T.I. WEBSITES

Access to the services of the Techniques de l'Ingénieur website is subject to the User's acceptance of these general conditions of use (hereinafter referred to as the "General Conditions"). They therefore constitute a contract between Editions T.I. and the User, the terms of which may be modified by Editions T.I. The User is therefore invited to regularly consult their updated version, which is permanently accessible on the Site. The purpose of these terms and conditions is to define the terms and conditions of access and use of the services offered directly or indirectly by Editions T.I., and in particular the rights and obligations of the parties. Some of the services offered on the Techniques de l'Ingénieur website may also be governed by special terms and conditions set out in the various offers. Access to and use of the service in question implies prior consultation and acceptance of these special conditions, which will then form an integral part of the present contract. Unless otherwise stipulated, any improvement to existing services or any new service will be subject to the present terms and conditions. If the User does not wish to accept the present general terms and conditions or any special terms and conditions of the services offered, he/she is asked to waive any right to use them.

The present general and special conditions are the only ones applicable. No tolerance may be interpreted as a waiver of any of the rights or obligations resulting from these terms and conditions.

ARTICLE 2. CONDITIONS OF ACCESS TO SERVICES

The services are accessible on the Internet, in particular through the U.R.L. (Uniform Resource Locator) mentioned above. For maintenance reasons, Éditions T.I. reserves the right to temporarily suspend access to the Services or to part of the Services without prior notice, without the unavailability of the Services giving rise to any right to compensation. Furthermore, given the nature of the Internet, the User acknowledges and accepts that Editions T.I. cannot be held responsible for any interruptions or alterations to access to its services that may result from the network itself, from the means of connection used by the User, or from any other cause external to Editions T.I. It is specified that any hardware and/or software required to use the services remain the sole responsibility of the User.

Article 2.1 Mandatory prior registration

2 types of sections and services are available on the Techniques de l'Ingénieur website:

Once the User has accepted the general terms and conditions of sale and validated his subscription, Editions T.I. will send him a unique identifier (login) and access code (password) enabling him to consult these contents. This login and password enable the User to access all services. These access codes are strictly reserved for the User's personal use of the services. The User is solely responsible for any use that may be made of them, and is the sole guarantor of their confidentiality, as well as of any use made of his/her account. The User undertakes to inform Editions T.I. immediately of any unauthorized use of his account, and of any breach of the confidentiality and security of his means of identification. When the subscription is terminated, the access codes are deactivated and a subscription offer is made in order to reactivate the access codes. Editions T.I. cannot be held responsible for any loss or damage resulting from any failure to comply with the obligations set out in this article. Other visitors may also temporarily access sections reserved for paying subscribers in two cases:

  1. They have been given an Internet code by Editions T.I.. For the duration of this code's validity, they can access the 2nd level of information and services. When the validity period of the internet code has expired, the access codes are deactivated and a subscription offer is made in order to reactivate the access codes. In the absence of payment of the subscription invoice, access rights are deactivated.
  2. Request for trial offer: on the various Editions T.I. sites, visitors may request a free trial offer. To benefit from the trial offer, the visitor must request it. The Editions T.I. sales or customer service departments reserve the right to refuse the trial offer without justification to the visitor. At the end of the trial period, the visitor is offered a subscription.

Article 2.2 Registration data

The User undertakes to provide true, accurate, up-to-date and complete information concerning his/her identity, position, company and any other information requested in the form. In the event of the User providing false, inaccurate, out-of-date or incomplete registration data, Editions T.I. shall be entitled to suspend or terminate the User's account without prior notice and to refuse the User immediate and future access to all or part of the service.

Article 2.3 Protection of personal data

Les Éditions T.I. in its capacity as data controller, may collect and process the personal data of Customers and/or Authorized Users and Users of free services on the Site under the terms and conditions set out in the Weka group's Personal Data Protection Policy available at the following address: https://rgpd.techniques-ingenieur.fr/politique-de-protection-des-donnees-personnelles.

In particular, this policy specifies the legal basis for the processing of personal Data, the retention period, the purposes of processing, the recipients, the rights that the Customer and/or the User has(s) over said Data and any transfers of said Data.

ARTICLE 3. USE OF SERVICES

Article 3.1 Limitation of rights of use

By the present agreement, Editions T.I. grants the User the non-exclusive right - i.e. the same as any other user - to use the Techniques de l'Ingénieur website on a computer equipped with a central processing unit, for exclusively personal use. The User may not use the Techniques de l'Ingénieur site simultaneously on another computer or network, or rent, lend or lease it. The User undertakes not to transfer, retransmit, duplicate, sell or allow a third party to use or consult, whether free of charge or against payment, and by any means whatsoever, all or part of the contents of the Site. The User also undertakes not to set up any computer or electronic process enabling third parties to access the information and services of the Techniques de l'Ingénieur site from a computer connected to the Site. The User agrees not to make electronic or paper copies of the document database, other than extracts for exclusively private use. Any use of the Techniques de l'Ingénieur site for educational purposes and without profit, exceeding the private use of the end User above, must be the subject of a separate and specific personal license agreement with Editions T.I. By way of illustration and without this list being limitative, except with the prior written authorization of Editions T.I., the following are prohibited:

For any use of information recorded on the Techniques de l'Ingénieur site, and in particular in the case of short quotations, the User agrees to clearly indicate that these elements have been taken from the Techniques de l'Ingénieur site published by Éditions T.I. The private use of the end User and the definition of short quotations are as provided by article L. 122 - 5 of the French Intellectual Property Code. In particular, if a mention of origin appears automatically when using and/or printing information recorded on the Techniques de l'Ingénieur site, the User undertakes not to delete it. Apart from this private use and the legal exception of short quotations, the information recorded on the Techniques de l'Ingénieur site may not be reproduced, translated, adapted, modified, published, exploited, lent, exchanged or communicated to the public in any form or by any means whatsoever, whether electronic, mechanical, radio, television, mobile or Internet. Textual or graphic information and tools or software or files recorded on the Techniques de l'Ingénieur website published by Editions T.I. are subject to copyright and remain the property of Editions T.I.. Multimedia documents are subject to copyright and remain the property of the rights holders mentioned on the Techniques de l'Ingénieur site. In general, all literary and artistic property rights and copyrights pertaining to the Techniques de l'Ingénieur site, with the exception of those granted to the User by the present agreement, are reserved by Éditions T.I. and/or the rights holders of the multimedia documents. The User's personal right of use will terminate automatically in the event of breach of the terms and conditions of the present agreement. Editions T.I. reserves the right to take any action or legal proceedings in the event of non-compliance with these conditions.

Article 3.2 User obligations

The User undertakes to comply with the legal and regulatory provisions in force. In particular, he/she undertakes not to use the Techniques de l'Ingénieur site and its services to create, write or commit, transmit or communicate any message, information or content of any kind whatsoever that is illicit, and in particular that is outrageous, injurious, defamatory, abusive, violent, obscene or pornographic, or containing any incitement to discrimination or hatred based on race, religion, sex or any other grounds, any incitement to commit a felony or misdemeanor, or any apology for a felony or misdemeanor, or of such a nature as to alter the operation of computer systems in any way whatsoever. Similarly, the User undertakes to respect the rights of third parties, in particular the right to privacy, and all intellectual property rights (copyright, neighboring rights, database rights, trademark rights, patent rights, designs or models, trade secrets, etc.). In particular, the User undertakes not to divulge confidential or secret information of any kind whatsoever to which he or she may have access through the Techniques de l'Ingénieur site or its services. The User further undertakes not to usurp any quality, attribute or identifier of such a nature as to mislead or create any confusion whatsoever as to his/her identity, the origin of messages or other content that he/she distributes or transmits, and not to misappropriate any data or information of which he/she may have knowledge, nor to use such data or information to mislead a clientele or all or part of the services offered. The User undertakes to respect and ensure respect for all secure access, and more generally not to hinder or disrupt access to or the operation of the services offered by the Techniques de l'Ingénieur site and the corresponding technical resources. Finally, the User undertakes not to disseminate, via the services of the Techniques de l'Ingénieur site, unsolicited messages of an advertising, promotional, chain mail or other type, and to request express prior authorisation from Editions T.I. for the setting up of any link on or with the services offered by the Techniques de l'Ingénieur site.

Article 3.3 Responsibility of Users

The User is solely responsible for the use he makes of all the services available through the Techniques de l'Ingénieur site, and more generally for any use made from his account. In particular, the use of information, messages or data of any kind available via the Techniques de l'Ingénieur site is the sole responsibility of the User, and any decisions or actions that the User may be led to take or carry out in consideration thereof shall not incur any liability other than the User's own. The User is the sole judge of the completeness and usefulness to him of the content consulted, and consequently undertakes to use the services of the Techniques de l'Ingénieur site with discernment and to bear the risks arising therefrom. The User will be held liable, with respect to Editions T.I. and third parties, for any damage, direct or indirect, of any nature whatsoever, caused by content or any other element communicated, transmitted or distributed by the User on the Techniques de l'Ingénieur site or by means of the services it offers, as well as for any breach whatsoever of the present contract. Consequently, the User undertakes to hold Editions T.I. and its affiliated companies and partners harmless against all claims and judgments in this respect. The User agrees to abide by any measures taken by Editions T.I. in application of the law in force.

Article 3.4 Prices

Invoicing and payment terms are available from our Customer Service department ([email protected]). The User acknowledges and accepts that, to the extent permitted by applicable law, Editions T.I. cannot be held liable for any damage, direct or indirect, suffered by a User or by a third party, resulting from an error or failure to invoice or pay for services provided via the Techniques de l'Ingénieur website. The User is solely responsible for the payment of all taxes and duties for which he/she is liable by virtue of using the services or participating in them. Editions T.I. reserves the right to modify the prices of its services. The User will be informed of such changes by any appropriate means within one month of the change.

ARTICLE 4. LIMITATIONS OF LIABILITY

Article 4.1 Internet usage rules

The User declares that he/she is aware of and accepts the characteristics and limits of the Internet network. In particular, he acknowledges :

Article 4.2 Broadcast content

Editions T.I. makes every effort to ensure the quality of the information it publishes. However, the messages, information and, more generally, any content available via the Techniques de l'Ingénieur website services are the sole responsibility of their author or the person who issued them, and consequently Éditions T.I. cannot be held responsible for messages, information or content that it did not directly create or produce, and in particular for their veracity, relevance and, more generally, for any errors or omissions they may contain. Consequently, Editions T.I. shall not be held liable for any damage whatsoever that may result therefrom. Wherever possible, the creators or producers of content will be identified on the Site in relation to the relevant content.

Article 4.3 Relations with advertisers or partners

Any correspondence, exchange or relationship of any kind whatsoever, in particular promotional or commercial, established between the User and an advertiser or a partner of Editions T.I. is only binding on the User and the advertiser or partner concerned. In particular, any agreement between a User and a partner or advertiser binds only the latter. Consequently, any terms, conditions, guarantees, declarations, payments or deliveries that may result therefrom bind only the User and the partner or advertiser, to the total exclusion of Editions T.I., which may not be held liable for any loss or damage whatsoever resulting from the offers of advertisers or partners, or from the agreements and services resulting therefrom.

Article 4.4 Éditions T.I. website services

Editions T.I. undertakes to do its utmost to offer reliable services. The User is solely responsible for consulting the Site and for the use he makes of the results obtained, including in the event of an absence of results. Services are provided "as is" to the User, who uses them at his/her own risk. They are accessible according to their availability. Éditions T.I. does not guarantee that, admittedly without limitation, these services will perfectly meet the User's expectations, will not be interrupted, or will be relevant, exhaustive or error-free. Nor do T.I. Editions guarantee that any product, service, data or information obtained by the User through the services will meet the User's expectations. Under no circumstances may Editions T.I. be held civilly liable for the information transmitted or its value, for the consequences of the use of this information or the absence thereof, or for any change in the content of a site referenced by Editions T.I. of which Editions T.I. has not been informed, and more generally for any damage of any kind whatsoever, direct or indirect, resulting from information extracted from the Site. The present Contract offers the User the service of consulting the Site. Under no circumstances may the User consider this to be a consulting service. Éditions T.I. cannot be held responsible for any breakdown, interruption of the commercial offer, loss of clientele or profits or loss of data, and more generally for any damage suffered by the User's computer as a result of the use or inability to use the services, the acquisition, reception or downloading of information when using the services, or unauthorized access to the services by another User or a third party, or the modification of information or databases relating to the User, or any other way of using the services. In general, the User accepts that, to the extent permitted by applicable law, Editions T.I. may not be held liable for any damages whatsoever, direct or indirect, material or immaterial, and in particular for any loss of profit or data, injury or other, resulting from the use of the services offered by the Techniques de l'Ingénieur site or from a visit to the Techniques de l'Ingénieur site. Editions T.I. shall not be held liable for contamination of the User's data and/or software by any viruses circulating on the Site or incorporated in e-mails exchanged with the User. In the event that Editions T.I. is held liable, it is expressly agreed that such liability will in any event be limited, for all claims for compensation, to the price paid by the User under this Contract.

Article 4.5 Hypertext links

The websites of Editions T.I. or its partners, or third parties, may offer links to other websites or other resources available on the Internet. Insofar as these sources are not under the control of Editions T.I. or its group companies, the latter cannot be held responsible for any damage of any nature whatsoever resulting from the content of these external sites or sources, and in particular from the information, products or services they offer, or from any use that may be made of these elements.

ARTICLE 5. COMMENTS

Comments posted by users of the site will be subject to an "a posteriori" moderation process. Éditions T.I. reserves the right to delete any comment it deems inappropriate. The following comments will be removed :

ARTICLE 6. INTELLECTUAL PROPERTY

The User undertakes to respect all intellectual property rights of Editions T.I. or of any third party, and in particular trademark, patent, copyright and related rights, as well as the rights of database producers. The use that the User may make of elements of the services protected by intellectual property rights, whether software or other, is obviously non-exclusive and strictly limited to personal use and to the duration of the present contract. The User may not transfer to anyone else the right to use the services and the protected elements they contain, and is not authorized to carry out any decompilation operation on the software elements. It is not authorized to use, in whole or in part, any of the protected elements to create or exploit works derived from these elements. It is hereby specified that the use granted to the User hereunder does not imply or include any transfer to the User, of any nature whatsoever, of any intellectual property rights whatsoever on the elements used, whether on the site itself or on its content. All such rights remain the exclusive property of Éditions T.I., unless otherwise specifically agreed.

ARTICLE 7. NON-TRANSFERABILITY

The User may not transfer all or part of the rights and obligations resulting from the present contract to a third party, without having obtained the express prior authorization of Editions T.I. or one of the various companies in the group.

ARTICLE 8. NOTIFICATIONS

Any notice given hereunder may be given by e-mail. However, Editions T.I. reserves the right to also send notification by fax or post according to the contact details provided by the User at the time of registration.

ARTICLE 9. DURATION AND TERMINATION

The present contract is concluded for an indefinite period from the date of validation by the User, or for the period specified in the special conditions. Any breach by the User of any of the stipulations herein shall result in the immediate termination of the contract and the consequent prohibition to use the services of the Editions T.I. sites. sites, upon simple notification by one of the companies in the Weka group to the User.

ARTICLE 10. JURISDICTION AND APPLICABLE LAW

The present terms and conditions are governed by French law, and any dispute that cannot be resolved amicably will be brought before the competent courts of Paris.