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USER AGREEMENT
General
All aspects of this website ("Site") shall be governed
by French rules and regulations.
This Site is owned, published and hosted by Sofibel SAS, with
a share capital of EUR 10,826,395.63, 110 -114 rue Victor Hugo 92686
Levallois Perret cedex , telephone: 0 1 49 68 41 00, RCS Nanterre
397 914 862 , VAT no. FR 33 397 914 862 ("Sofibel") which
also conducts business as "Laboratoires Santé Beauté"
and "Laboratoires Fumouze".
The publication director is Mr. Hervé D'Hubert.
Sofibel SAS ("Sofibel"), maintains this
Site to permit visitors to learn more about Sofibel, its businesses
and its products. This Site is provided and may be used for educational,
informational, or entertainment purposes of French residents only.
By accessing and using this Site and the information contained on
this Site, however, you hereby agree to be bound by all of the terms
and conditions of this User Agreement ("Agreement"). Sofibel
reserves the right at its own discretion to change the terms and
conditions of the Agreement at any time without prior notice and
to notify users of any such changes by on-line postings only. You
should check the Site for such changes each time you use this Site.
Any changes will be effective as of the date of such postings. Your
continued access and use of this Site after such postings will automatically
constitute your acceptance of those changes. If you do not agree
to abide by the terms and conditions of this Agreement, do not use
the Site or download content from the Site.
Liability
None of the information on this website is contractual and Sofibel
shall not accept any liability for any of the information contained
herein. Sofibel shall be free to enhance, modify, correct or delete
all or part of the content or presentation of its web pages. While
Sofibel has made reasonable efforts to include information at this
Site which is accurate and timely, the information and content is
provided on an "as is", "as available", basis
and is subject to change without notice. To the extent permitted
by law Sofibel makes no representations or warranties as to the
accuracy or reliability of such information or content and specifically,
Sofibel will not be liable or responsible for any errors or omissions
in the information or the content on this Site or any loss or damage
you may suffer as a result of relying on the information or content
on this Site. Moreover, Sofibel neither warrants nor represents
that your use of the information or the content will not infringe
the rights of third parties who are not affiliated with Sofibel
and will not be liable for any loss or damages which you may suffer
as a result of allegations of infringement as a result of your use
of that information or content.
Your access to and use of this Site is at your own risk, and to
the extent permitted by law, neither Sofibel nor any party involved
in the creation, transmittal, or maintenance of this Site shall
be liable to you in contract or otherwise for any direct or indirect
damages of any kind allegedly arising directly or indirectly out
of or in connection with your access to, use of, or reliance upon
any information or content of this Site or the information or content
of any site linked to this Site, your use of this Site, your inability
to access or use this Site, any computer virus or other harmful
component transmitted, any damage that may occur to your computer
system, or a failure or omission on the part of Sofibel to comply
with its obligations under this Agreement.
To the extent that this limitation of liability clause is subject
to warranties that cannot by law be excluded, Sofibel's liability
for any beach of such warranty (including, but not limited to, any
warranties imposed by law in connection with the supply of goods
or services referred to on this Site) in relation to supply by it
of goods or services to users is limited to, at Sofibel's option,
in the case of goods, repair or replacement of the goods or payment
for the cost of repair, or in the case of services, resupply of
the services or payment of the cost of supplying the services again.
Despite the attention we pay to developing and updating this website,
you may encounter errors, inaccuracies or omissions or connection
problems or interruptions. Sofibel disclaims any liability for any
direct or indirect damage due to your access to this website or
to your use of any of the content or of any information whatsoever
contained on this website.
Children's rights
This website is not suitable for children under 12 years' old.
We will not knowingly collect any information provided by children
strictly under the age of 12.
Sofibel encourages parents to advise their children as to the
proper use of our products.
Intellectual property and neighbouring rights
Sofibel's website and all of its aspects, particularly the various
content (photos, texts, presentations, page layout, graphic design,
trademarks, designs and models and other distinctive signs, etc.)
shall be protected by all such intellectual property rights and
neighbouring rights as are reserved solely for the holders of such
rights.
Therefore, any use, copying, performance, partial or total distribution
of any aspect of the website is strictly prohibited, except for
any unmodified or unaltered copies made for personal or private
use, in accordance with Article L.122-5.2° of the French Intellectual
Property Code. Any use other than private use requires the prior
written consent of the holder of the intellectual property rights
or of the neighbouring rights concerned.
Sofibel disclaims any liability in the event of an illegal use or
exploitation of any aspects of the website (photos, texts, presentations,
page layout, graphic design, trademarks, designs and models and
other distinctive signs, etc.).
Trademarks appearing on this website have been filed and registered
and are therefore protected by intellectual property rights. No
license, right or permission is granted to you for any use of the
trademarks by you or anyone authorised by you. The use or misuse
of the trademarks or any other content on this Site is strictly
prohibited and Sofibel will aggressively enforce its intellectual
property rights to the fullest extent of the law.
You may not report, modify, publish, sell, reproduce, distribute,
post, display, transmit, upload, communicate to the public, or in
any way exploit any of this Site's contents for commercial purposes,
unless you have obtained the prior written consent of Sofibel, which
Sofibel may grant or withhold in Sofibel's absolute discretion.
You may, if you wish, download and retain on a disk or in hard drive
form a single copy of the contents of this Site for personal, non-commercial
purposes as long as you do not remove any copyright or other proprietary
notices. You will not download any information or content from any
part of the Site, if you are aware, or reasonably ought to be aware
(including taking into account the purpose for which you wish to
download or use the information or content), that the information
or content should not, or was not intended to, be downloaded or
distributed by you.
Data Protection
This website has been registered with the CNIL (French Data Protection
Authority) and the registration number is : no 103 52 57.
In accordance with the French Data Protection Act no. 78-17 of January
6, 1978 known as the loi relative à l'informatique, aux fichiers
et aux libertés, you have the right to access, rectify, change
or delete any personal data concerning you. To exercise this right,
please send an e-mail to: webmaster@sterimar.com
Sofibel's practices in relation to the collection and handling
of personal information are set out in our Privacy Policy. When
you access this Site you are not required to provide personally
identifiable information. However, sometimes we need to collect
your information from the Site to provide services that you request.
For example, if you wish to join our mailing list. When you provide
us with your personal information, we retain and use this information
for the purpose of providing you with information about Sofibel
relating to such services or mailing list or for purposes otherwise
authorized by you. Please see our Privacy
Policy for further information.
Any information that we may collect is intended for Sofibel and
shall not be transferred to any unrelated third parties.
Use of Site
As a condition of your use of the Site, you agree to abide by
all applicable laws and regulations, and to conduct yourself in
accordance with the terms and conditions contained on this Site.
Specifically, and without limitation, you agree not to:
- use the Site to defame, abuse, harass, stalk, threaten or otherwise
offend others;
- disseminate (e-mail or otherwise) any material which is unlawful,
abusive, obscene, pornographic, defamatory, discriminatory, harassing,
grossly offensive, vulgar, threatening or malicious;
- use any address harvesting software or automated scripting tool
software;
- engage in chain letters, unsolicited e-mailing or spamming via
Sofibel's tools;
- impersonate any person or entity;
- use (upload, post, e-mail, transmit) Sofibel's web applications
and Site contents in ways that you do not have a right to under
any law or contractual obligation; and
- interrupt or attempt to interrupt the operation of this Site
in any way.
Descriptions of Sofibel's
products contained within the Site shall not constitute product
labelling. You should use Sofibel's products in accordance with
the instructions contained on the cartons and labels found on those
products in the country of purchase. Any pictures and descriptions
contained on this Site are provided by way of indication only and
may not correspond to the actual products available in France.
Use of this Site is restricted to residents of France who are currently
located in France. Residents of all other countries (including,
but not limited to, persons located in countries which are subject
to US trade embargo laws and regulations) are prohibited from accessing
this Site and are asked to promptly exit at this time. Sofibel does
not warrant that the Content of this Site complies with the laws
of a jurisdiction outside of France.
While this Site may contain information relating to various medical,
health and fitness conditions and their treatment, this Site does
not provide medical advice. The contents of the Site are for informational
purposes only and are not meant to be a substitute for the advice
provided by your own physician or other qualified medical professional.
Always seek the advice of your physician or other qualified medical
professional for any questions you have regarding a medical condition.
Sofibel makes limited use of cookies on the Site. Sofibel only uses
cookies to improve the functionality of the Site, not to store any
of your personal information. A cookie is a small message given
to your web browser by our web server. The browser stores the message
in a text file, and the message is then sent back to the server
each time the browser requests a page from the server. When cookies
are used on this Site, they are used to store information relating
to your visit such as a unique identifier, or a value to indicate
whether you have seen a web page. They are used to distinguish your
internet browser from the thousands of other browsers. This Site
will not store personal information such as e-mail addresses or
other details in a cookie. Most internet browsers are set up to
accept cookies. If you do not wish to receive cookies, you may be
able to change the settings of your browser to refuse all cookies
or to notify you each time a cookie is sent to your computer, giving
you the choice whether to accept it or not.
Links to other websites
This website may provide hypertext links allowing access to
other websites. By clicking on such hyperlinks, you have the possibility
of consulting the websites of third parties. Sofibel shall not be
liable for the content of any such sites and it has no control over
them. Sofibel shall not accept any liability for any direct or indirect
damage resulting from such content. Any links to other websites
are provided simply for your ease of use.
Governing law and jurisdiction for dispute resolution
The Courts of Paris shall have exclusive jurisdiction over any dispute
or claim arising out of the use of this website and that has not
been settled within 30 days from when the dispute arose. Any such
disputes or claims shall be governed by the laws of France.
© Sofibel, 2005
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