General Terms and Conditions of Use for the MASTERIS.com Website

PREAMBLE

The purpose of these General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) is to establish the access conditions and usage rules governing online services offered through masteris.com.

Website access is subject to GTCU compliance. Website access is strictly limited to Users as defined herein.

The Publisher reserves the right to unilaterally update or revise these GTCU at any time, most notably to effectuate modifications or additions intended to comply with legal, jurisprudential, publishing and/or technical changes, or with any revisions made to the Hosting Company’s Terms of Service.

These GTCU are permanently available on the Website. Users should visit it regularly to check for updates.

ARTICLE 1 – DEFINITIONS

The capitalised words and phrases found herein are defined as follows:

- Cookie(s): designate(s) computer files, stored on the hard drive of the User’s computer.
- Publisher: designates Masteris, a simplified joint stock company with capital of €200,000, whose headquarters are located at 4, rue André Campra - 93200 Saint-Denis, registered with the Bobigny Trade and Companies Register under no. 501 537 831, SIRET no. 501 537 831 00031, Telephone no. +33 (0)185587983.
- Hosting Company: designates Webflow Inc., 398 11th Street, 2nd Floor, San Francisco, CA 94103, contact@webflow.com, 1800-817-695.
- Information: designates all Information and publications accessible on the Website.
- Website: designates all services offered by the Publisher, via the Internet, on masteris.com.
- Publication Director: Christophe Pasquier, Managing Director
- Publishing Manager: Aloïs Bohelay-Soule, Marketing and Communications Manager

The Website was designed by the company Wolfox SAS, with capital of €1,000, whose headquarters are located at 9 rue d’Estienne d’Orves 94230 Cachan, registered with the Creteil Trade and Companies Register under no. 810 971 390, SIRET no. 810 971 390 00010, Telephone no. +33 (0)658205676.

User(s): designate(s) anyone having access to the Website, regardless of location or means of connection.

ARTICLE 2 – PURPOSE OF THE WEBSITE

The Website’s purpose is to make Masteris’ activities available to Users.
Any use of this Website is subject to GTCU compliance.

ARTICLE 3 – WEBSITE ACCESS AND USE

3.1 Website access

The Website may be accessed via a computer, tablet or smartphone connected to a telecommunications network in accordance with Internet communications protocols.

The Publisher grants the User the right to consult, use and access Website informations.

3.2 Cost of access

Website access is not subject to subscription. Users may access it free of charge. All communications costs, as well as all software and equipment needed to access the Internet and navigate/use the Website, are the sole responsibility of the User outside his/her place of business.

Each User is fully responsible for his/her own login details. Unless otherwise proven, any Website connection or data transmission effectuated using the User’s login details will be deemed as having been made by said User.

3.3 Access duration

The User is granted unlimited access to the Website, without prejudice to the Publisher’s or User’s respective right to unilaterally terminate said access at any time, without notice, explanation or compensation.

In the event that these GTCU and/or any applicable statutory regulations are violated, the User acknowledges the Publisher’s right to block and/or discontinue Website access, effective immediately and without prior notice.

3.4 Website use

Without this list being exhaustive, the User is prohibited from:
- using the Website for commercial purposes or, more generally, using it to market products and/or services in exchange for direct or indirect remuneration;
- “reselling” or making Website content available to third parties and/or other Users, whether in return for payment or free of charge;
- using the Website to disseminate advertisements or unsolicited promotional items, regardless of their form;
- employing any means, including hyperlinks, to directly or indirectly channel Internet users to other websites whose compliance with pertinent legislation and the provisions of these GTCU is not guaranteed.

ARTICLE 4 – WEBSITE ACCESSIBILITY

The Website is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the Publisher’s control.

The Publisher reserves the right to suspend, interrupt or limit access to all or part of the Website, without prior notice and for any reason, particularly in light of technical issues, maintenance operations or updates required to ensure proper operation of the Website and its associated hardware.

The Publisher is not bound by any performance obligations pertaining to Website availability. Under no circumstances shall the Publisher be held liable for any interruptions, including those related to the Hosting Company’s needs, be they maintenance-related or otherwise, nor shall the Publisher be held liable for the impact of said interruptions vis-à-vis the User.

The User is aware that the Publisher may discontinue or modify Website characteristics at any time, without prior notice and without the User being entitled to any recourse against the Publisher.

ARTICLE 5 – WEBSITE HOSTING

Users are expressly informed that content published on the Website is hosted and stored on Webflow’s server.

ARTICLE 6 – INTELLECTUAL PROPERTY

Generally speaking, the User is prohibited from infringing on intellectual property rights (copyrights, neighbouring rights, database producer sui generis rights, trademark rights, domain name rights, etc.) belonging to the Publisher and/or Hosting Company and/or any other third party.

The Publisher holds all intellectual property rights pertaining to the Website’s structure and content (texts, logos, images, sounds, software, icons, layout, databases, etc.) or has duly acquired the rights to exploit the Website’s structure and content, without limitation.

Consequently, the User is prohibited from copying, reproducing, representing, modifying and/or exploiting or transferring the Website’s structure or content, whether in whole or in part, in any way whatsoever and for any purpose whatsoever, without the Publisher’s express prior written consent.

All downloads are prohibited, except those expressly authorised by the Publisher. The Publisher and/or any interested third party may pursue sanctions in the event of an unauthorised download.

All software downloads offered on the Website by the Hosting Company must comply with the Hosting Company’s Terms and Conditions of Use. Prior to any software download, the User must contact the Publisher to ascertain whether said software is included in the services provided to the Publisher, via subscription, by the Hosting Company.

Should the User fail to contact the Publisher prior to a download and/or violate the Hosting Company’s Terms and Conditions of Use, any associated liability shall be exclusively borne by said User.

Brands and logos featured on the Website have been registered with the competent offices and are thus protected by the companies that own them. The reproduction of names or logos, by whatever means, is strictly prohibited without the owner’s prior consent.

Users who fail to comply with these restrictions may be held civilly or criminally liable for acts of infringement and/or practices involving unfair or parasitic competition.

ARTICLE 7 – HYPERLINKS

Website hyperlinks may direct Users to other Intranet/Internet sites, regardless of means.

ARTICLE 8 – PERSONAL DATA

The User is aware that personal data, collected via contact forms included on the Website, are processed in connection with Website use and fall under the responsibility of the Marketing & Communications Manager, who may be contacted by email at service.marketing@masteris.com. The processing of personal data related to Users’ civil status, identity, professional life or other identifying information allows said Users to receive information about Masteris’ activities and the Innotrans exhibition. Such information is disseminated to Masteris’ Marketing and Communications Department, Purchasing Department and sales staff. These data are retained for a three-year period.

Personal data are not used for commercial purposes and are exclusively transmitted to the competent authorities, should they so request. In any event, such data are kept strictly confidential.
In accordance with amended Act no. 78-17 of 6 January 1978, known as the Data Processing, Data Files and Individual Liberties Act, and the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, data subjects have the following rights vis-à-vis data controllers: the right to access, rectify or erase their data, or restrict/object to its processing; the right to data portability; the right to lodge a complaint with a supervisory authority; and the right to define the conditions of personal data use, retention and communication in the event of death.
In light of this, any individual who provides proof of identity may exercise his/her rights by sending his/her request to Masteris’ Marketing and Communications Department at service.marketing@masteris.com.

ARTICLE 9 – COOKIES

In an effort to improve services, Cookies may be used by the Publisher and/or Hosting Company when Users browse the Website.

Session Cookies are among those primarily used: these Cookies enable User authentication and connection to the Website. They also allow navigational elements to be stored during a session.

Other types of Cookies are also installed during the course of Website navigation, thereby registering User preferences, selected settings and previously viewed pages.

The activation of these other Cookies is not strictly necessary for the operation of the Website, but they do improve navigational functionalities. They may be deleted or blocked.

Most internet browsers automatically accept cookies, but the user can change his/her browser settings to disable them.

ARTICLE 10 – WEBSITE TRAFFIC STATISTICS

An audience measurement system is used for Website analysis.

To ensure that the Website, its content and its services meet User expectations, Masteris tracks the number of visits, the number of pages viewed and User activity on the Website, as well as the frequency of return visits. Masteris uses Hotjar and the Google Analytics tool for the purposes of audience measurement.

Installed Cookies generate data (including IP addresses) pertaining to Website use. These data are then transmitted to Webflow and are stored on the company’s server(s), located in the United States.

Webflow uses this information to evaluate Website use. The company compiles reports related to Website activity and transmits them to Masteris. It also provides additional services related to Website activity and Internet use.

Webflow may communicate said data to third parties, if it is legally obligated to do so. It may also share collected data with the Website Publisher, as well as with any third parties tasked with processing said data on its behalf. Webflow will not associate your IP address with any other data held by Webflow.

The User can disable Cookies by selecting the appropriate browser settings. However, disabling Cookies may result in the deactivation of certain functionalities specific to the Website.

By using the Website, you expressly consent to Webflow’s processing of your personal data, under the conditions and for the purposes described above.

ARTICLE 11 – GUARANTEES/LIABILITY

While browsing the Website, the User agrees to refrain from violating any current laws or regulations, proper Internet and netiquette usage rules, and/or the provisions of these GTCU.

The User has been informed that any GTCU violation is likely to lead to legal proceedings and sanctions being levied against him/her.

Under these same conditions, the User also agrees to respect internal rules and practices related to the use of the Publisher’s information systems and networks.

The User agrees to exercise due diligence in response to any claims made against him/her.

Should the User and/or the User’s agents violate these GTCU, the Publisher and/or any interested third party may hold the User liable for any resulting material and/or immaterial damages, whether direct/consequential and/or indirect/non consequential and regardless of their nature.

The User indemnifies the Publisher, as well as its parent companies, sister companies, affiliates, representatives, employees and partners, including the Host Company, against all requests, claims, demands and/or remedies, of any kind, resulting from the violation of any of the provisions stipulated herein.The User shall indemnify them upon initial request, and at all times, against damages and/or requests, actions or complaints emanating from any third party and resulting from the violation of any of the provisions stipulated herein.

This guarantee covers all damage claims, regardless of whether said damages are direct or indirect, as well as all attorney fees, expert consultancy fees, legal fees, etc.

The Publisher shall make every effort to implement technical and organisational measures intended to protect Information accessible via the Website.

Nevertheless, the User acknowledges having been informed that data are not protected against various forms of intrusion, including hacking.

The User acknowledges that it is impossible to guarantee the total security of transmitted data. Consequently, the Publisher may not be held liable for any incidents related to data transmission.

It is the User’s responsibility to implement all necessary means intended to preserve the transmitted data’s confidentiality.

Each Website User expressly agrees to refrain from:

using any software or process whose purpose is to copy Website Information in the absence of the Publisher’s express prior consent;
using any software or device that may interfere with the Website’s proper functioning or engaging in any action that is likely to impose a disproportionate burden on the Publisher’s infrastructure;
altering, modifying or creating works derived from the use of Information found on the Website in the absence of the Publisher’s express prior consent;
producing short quotes, analyses or reproductions intended for press reviews, or using the Website in any other way expressly authorised by law, unless such work or use complies with all applicable limits and conditions in force, including rules regarding the proper citation of authors’ names and the Information source;
extracting or reusing substantial, or non-substantial, parts of Website databases or archives for personal reasons without the Publisher’s prior written consent;
collecting third-party information, including email addresses, for the purposes of sending commercial solicitations and the like, integrating said information into a referral or similar service, whether in return for payment or free of charge, or performing competitive watches;
introducing any system likely to weaken Website security, facilitate the hacking of all or part of the Website or violate the provisions of these GTCU.
Similarly, each Website User agrees to immediately inform the Publisher of any relevant violations that come to his/her attention. Such violations include, but are not limited to, acts of infringement on the Publisher’s intellectual property rights and the illicit or non-contractual use of Website Information, regardless of the means used to disseminate said Information.

ARTICLE 12 – CONTACT DETAILS

Should you have any questions pertaining to the Website’s operation or these GTCU, you may send to an email to “service.marketing@masteris.com”.

ARTICLE 13 – NULLITY OF A PROVISION

Should any provision of these GTCU be declared null, either in whole or in part, pursuant to a statutory or regulatory provision or to a final court decision, this declaration does not invalidate the non-vitiated portion of said provision or unaffected provisions, which shall retain their full force.

ARTICLE 14 – APPLICABLE LAW – DISPUTE RESOLUTION

These GTCU are subject to French law.

In the event of a dispute concerning the interpretation, validity or execution of these GTCU, the User and the Publisher shall make every effort to settle the dispute amicably.In the absence of an amicable settlement, any dispute pertaining to the interpretation or execution of these GTCU is subject to the jurisdiction of the Paris courts.

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