« Database »
A collection of data, managed by EVOLIS and the intellectual property rights therein belonging to it, intended for use by the User. Notably, this database comprises data and models of cards ordered and organised according to the EVOLIS specifications and restrictions.
« Content »
All accessible information of every kind, and especially texts, software, audio materials, photographs and drawings, and models of cards, provided by EVOLIS or by the User, or which are available on the EVOLIS site, or provided as part of the services rendered by EVOLIS.
(1) the contents outlined and/or transmitted directly by EVOLIS (hereinafter called the "EVOLIS Contents") and
(2) the contents transmitted directly or indirectly by the Users on the EVOLIS site (hereinafter called the "User Contents")
« Internet »
A group of computer networks and telecommunications interconnected worldwide, allowing access to the Contents by the User, by means of servers.
« Services »
Service, offered by EVOLIS, consisting of the provision of information and/or tools particularly to allow access to downloads, modification, and personalisation of card models (models of cards especially accessible on the Site or provided during the purchase of a product distributed directly or indirectly by EVOLIS, particularly on the product installation CD), and to acquire information on products and services offered by EVOLIS.
« Site »
An interactive electronic service by EVOLIS, broadcasting personalised information on EVOLIS products and especially providing the facility to download card models remotely.
« User »
Any individual or legal entity connecting to the EVOLIS Site or having access to the Services offered by EVOLIS.
The EVOLIS Site is a site on which certain services are reserved exclusively for Users who have legally acquired at least one product from EVOLIS or one of its distributors or by any another means of distribution.
EVOLIS reserves the right, before providing certain services, to check the lawful and legitimate purchase of a product from EVOLIS or from one of its distributors.
EVOLIS shall be exempt from all liability in the case of use of the services offered on the Site by a User who has not fulfilled the said conditions.
Acceptance of the Conditions will have the following results:
EVOLIS undertakes to provide its Services subject to compliance and acceptance by the User of these General Conditions of Use of the Site and Services (hereinafter called the "Conditions of Use").
The Conditions of Use may be amended at any time by EVOLIS. In that event, the amended Conditions of Use shall come into force as soon as they are online. EVOLIS recommends the User to review and refer regularly to the latest version of the Conditions of Use.
4.1. With regard to User Contents, the User shall refrain from taking any action inconsistent with these Conditions. In particular, but without prejudice to the generality of the foregoing, the User shall refrain from the following specific actions:
- Downloading, sending, or transmitting any content of an illegal, damaging, violent, threatening, abusive, harassing, defamatory, injurious or otherwise reprehensible nature;
- Attempting to mislead other Users by usurping the name or the business name of other persons;
- Sending, downloading, broadcasting, or putting online information or contents that are not free from rights, or that infringe the rights of third parties, or for which the User failed to ascertain the existence wholly or in part of the assignment of rights or the approval to reproduce, to broadcast, or to put online on the Site;
- Forging an item or manipulating its identity in any other manner, in order to conceal the origin of the contents;
- Downloading, displaying, or transmitting any content without authority or knowingly erroneous by reason of a legislative or regulatory measure, or in comparison with a contractual or legal act;
- Downloading, sending, and transmitting computer viruses or any other code or program, intended to interrupt, destroy, reduce, or restrict the functionality of any software, computer or telecommunication equipment.
4.2. The User shall retain good title to rights (royalties and all other rights) that he or she holds in respect of the Content that he or she submits, transmits, shows, or publishes on the Site, or by means of the Services, which notably consist of the card models put online by Users. By submitting, transmitting, displaying, or publishing Content on the Site or by means of the Services, the User agrees freely and non-exclusively to grant a worldwide licence to EVOLIS to reproduce, adapt, amend, translate, publish, represent, display, and distribute this Content on any media and as part of the implementation, distribution, promotion, and updating of its Site or Services.
The User accepts and agrees that this licence shall include the right for EVOLIS to make available said Content to other Users or to third parties with whom EVOLIS maintains relations for the supply of the Services, and that those other Users may thereafter adapt, amend, translate, publish, represent, display, and distribute this Content on any media. The User expressly renounces his or her name appearing on such Contents as the author thereof.
The User agrees and guarantees that he or she holds all rights, authorizations and powers necessary to grant the above-mentioned licence relating to the Contents and different constituent parts.
In case of doubt as to good title, or the possibility of granting such a licence, the User undertakes not to display, publish, transmit, or submit the Content. The User accepts and agrees that he or she is the sole and only person responsible for all the Content that he or she displays, transmits, publishes, or submits, both with regard to EVOLIS and with regard to third parties. EVOLIS agrees to withdraw from its Services or from its Site an item of User Content within a period of 8 days upon receipt of a simple written request, addressed to EVOLIS, provided that the applicant is able to show in a sure and irrefutable way that he or she is the sole owner of this Content or that this Content infringes the rights of third parties.
4.3. EVOLIS reserves the right, at its sole discretion (but without it thereby imposing any obligation), to refuse, move, or modify any User Content, especially for reasons of security or advisability. In addition, and having regard to the foregoing, EVOLIS or any person or entity appointed by it shall have the right to delete or withdraw any User Content that breaches the terms contained in these General conditions of use of the Evolis site and services May 7th, 2008 Rev A0 Conditions of Use and/or the regulation in force and/or that are reprehensible in any other way.
In order to use certain Services, the User may be led to complete a form and thereby provide personal data. The User agrees to provide accurate, complete, and up-to-date information. In the case of information provided being inaccurate, incomplete, or out of date, EVOLIS reserves the right to take such steps as it deems necessary to suspend access to the service in question, permanently or temporarily.
The User hereby consents to this on the basis that personal data concerning him or her collected by EVOLIS will be used only for the purposes of these Services.
In accordance with Law No. 78-17 of the 6th January, 1978, EVOLIS reminds its Users that they have a permanent right to review, amend, and withdraw any personal data communicated to EVOLIS at the time of their use of the services offered on the Site. This right of access or correction and of withdrawal of personal date may be exercised through the webmaster at the following address: (to be supplied).
EVOLIS guarantees that personal data will not be given up to third parties. This guarantee shall not apply to use of it for statistical purposes or for historical research, especially in the case of sociological and scientific studies, provided that the use in question treats the data anonymously and universally only.
EVOLIS may be required to divulge any information concerning the User so as to comply with all laws and regulations in force, or to respond to any judicial or administrative demand.
The user shall keep a serial number of a legally acquired EVOLIS product for the creation of his or her account number (which should or could correspond to his or her email address) and a password (freely chosen by the User).
The User hereby agrees that, in applicable cases, the password could be subjected to restrictions concerning access to certain information. The User shall be responsible for confidentiality and for keeping his or her passwords secure, as well as for all expenses incurred at the time of use of his or her account and his or her passwords.
If the User becomes aware of any unauthorised use of his or her account, he or she must advise EVOLIS without delay, and shall confirm this notification in writing.
In addition, EVOLIS expressly reserves the unilateral right, and without formal preliminary notice, to impose a condition on the User's right of access wholly or in part, and if need be to deactivate or delete an account and a/some password(s) if EVOLIS should consider that the User has breached or acted contrary to the letter and spirit of these Conditions of Use, or that the User fails to comply with any other contractual condition between him or herself and EVOLIS, or one of its distributors or that the User tries to harm or harms the interests of EVOLIS.
In this event, EVOLIS will not to be held liable to the User or to third parties for any termination of access to products and services thus effected.
A suspended or cancelled password can be reinstated only with the consent of EVOLIS, and may be subject to additional management charges.
The User shall not be entitled to reproduce, copy, sell, resell, or assign to third parties his or her right of access to the Site (account number and password).
7.1. EVOLIS reminds its Users that in order to use its Services, they shall need access to the Internet, directly or indirectly, and to have the necessary equipment, adding that the Users shall be solely responsible for any potential fees. Any recommendation, display, downloading, transmission from or to sites and services other than those of EVOLIS, especially sites or services of associates or of advertisers of EVOLIS, shall be at the sole responsibility of the Users and/or of the said other sites and services.
7.2. EVOLIS may be led, at any time and without warning, to modify, interrupt temporarily or permanently all or any part of the services and products offered on the Site (especially, but not exclusively, in the case of ceasing business, of liquidation or of the redemption of assets of the EVOLIS Company) with EVOLIS being exempt from any liability to its Users or to any third parties, for such modifications, suspensions, or interruptions.
Under no circumstances shall EVOLIS be liable for direct or indirect damage and especially for any commercial, non-pecuniary, or financial loss including any loss of benefits having their cause, origin, or foundation in the use, modification, or interruption of the Site, Services or their contents.
EVOLIS has created a Site and is entitled to the intellectual property rights pertaining to this Site. The Site contains online:
- A database of personalised data of card models, personalised by the Office Cards application supplied with each badge, and working in EXCEL 2003 and 2007
- Information on the EVOLIS products and services;
- Assistance and support in the use of the EVOLIS products.
The EVOLIS Contents are broadcast and put made available to the Users with all due care. In any event, when EVOLIS serves as an intermediary towards another site and/or database, EVOLIS shall not be held responsible for its contents.
The EVOLIS Contents, namely the information, documents, software, and card models put online by EVOLIS, contain information especially protected by intellectual property rights of which EVOLIS is the exclusive owner, or holds all property rights.
Consequently, the Users expressly agree not to copy, amend, lease, pledge, sell, distribute, or assign the Intellectual Property Rights, in any way, or to create products based on all or any part of the Intellectual Property Rights. The sole right conferred on the User with access to the EVOLIS products and services is a personal right, non-exclusive and unassignable. On this basis, the User agrees not to access the Site and the products and services by any other means than through the interface (account number and password) provided for them by EVOLIS.
In particular, with regard to the card Models accessible on the EVOLIS Site, the User is only authorised to conceal, replace, or delete the part of these cards in order to personalise them. . Personalisation of these cards shall not constitute a right for the User to profit. Consequently, the User expressly undertakes not to lease, pledge, sell, distribute, or assign the Intellectual Property Rights in any way, or to create products based on all or any part of the card Models put online by EVOLIS.
No terms of these Conditions of Use shall confer upon the User the right to use the commercial names, brands, logos, domain names or any other distinctive marks of EVOLIS.
The User expressly agrees not to withdraw, conceal, or modify the marks of property rights relating thereto (including marks relating to the rights of the author, designs, models, and brands) possibly affixed to, or contained within, the EVOLIS Site.
Except as otherwise specifically provided in this Contract, EVOLIS gives no guarantee, either expressly of implicitly, regarding the quality of the Site or of any information that the User obtains through the medium of the Site, and especially gives no implicit guarantee of adaptation to a particular use, or any guarantee that the information is correct and complete or that it answers the needs of the User.
All risks relative to the results and to the implementation of the Site shall be assumed by the User. Neither any written nor verbal information, nor any advice given by EVOLIS or by one of its employees or any other person shall constitute a guarantee or increase in any way the extent of this guarantee, and the User may not rely on such information or on such advice.
EVOLIS shall not be held liable for the contamination of the User’s computer equipment or software, resulting from the propagation of a virus or of other computer infections. It shall be for the User to take all appropriate steps to protect his or her own data and/or software from contamination caused by possible viruses.
Neither EVOLIS, nor its associates, executives, employees or agents, nor any other person concerned in the creation, production or the implementation of the Site shall be liable to the User or to anyone making a claim under direction of a User with regard to any loss or detriment, direct or indirect damage or responsibility of any sort. In particular, but without prejudice to the generality of the foregoing, such loss, detriment, or damage shall include any resulting:
(1) from the use or the temporary or definitive inability to use Contents of the Site or Services by a User,
(2) from errors or omissions in information contained on the site,
(3) from defects or breaks in the provision of information or unavailability of all or part of the information,
(4) from the contents of information provided by EVOLIS or by a third party,
(5) from events beyond the control of EVOLIS.
Moreover, under no circumstances shall EVOLIS be liable in relation to Users, for whatever decision or for any step taken by a User on the basis of information issued from the Contents or from the use of the EVOLIS Site.
The User shall assume entire responsibility for all use of the Site and of the Services.
11.1. EVOLIS hereby grants to the User, free of charge, a personal licence, unassignable, non-exclusive, and for the whole world, to use the software provided by EVOLIS in the scope of the Services (hereinafter called "the Software"). This licence is exclusively intended to allow the User to use and benefit from the Services provided by EVOLIS, in compliance of these Conditions.
11.2. The User agrees not to copy or have copied, amend or have amended, create or have created a derivative work, or to disassemble or have disassembled, to effect or have effected reverse engineering, to decompile or attempt in any other way to extract the source code of the whole or any part of the software, except if the law permits it or with the express requirement or authorisation in writing of EVOLIS.
11.3. The User agrees not to give up (or sub-licence) the rights to use the Software, to offer the Software or the rights of use as collateral or give up in any other way all or any part of the rights of use of the Software.
11.4. The Software used can automatically download and install updates performed from time to time by EVOLIS. These updates are intended to enhance, improve, and bring about development of the Services, and can take the form of corrections to bugs, improved function, new software modules and entirely new versions. The User hereby agrees to receive the updates and authorises EVOLIS to transmit them to him or her while using the Services.
12.1. These General Conditions of Use of the EVOLIS Site and Services shall apply to the relations established between EVOLIS and the User who accesses the EVOLIS Site or the EVOLIS Services or who acquires a product from EVOLIS or from one of its distributors, but shall exclude particular overriding conditions or supplements expressed in a contract written between EVOLIS and the third party concerned.
12.2. The fact that EVOLIS may not exercise the rights that it is recognised to have in accordance with the dispositions contained in these Conditions shall not constitute a renunciation on its part to assert the said rights.
Should one of the conditions contained herein be adjudged void by a definitive decision of a court, the remaining conditions shall remain valid and shall continue to apply in full force between the parties, it being understood that the titles of the articles in these Conditions shall have only an indicative value.
Should the French version of the Conditions of Use be translated, only the French language version shall be valid.
12.3. These General Conditions of Use and the relation created from the application between EVOLIS and its Users come under the provisions of French Law and any dispute arising out of the validity, interpretation and/or implementation of these Conditions shall be placed, in the absence of an amicable settlement between the parties in litigation, before competent courts in Paris.