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New translation : NFA 2017 - FR
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Terms of use

1. Acceptance of these Terms

By using this Website you agree to these Terms and to the Limitation of liability (§3) and the Disclaimer (§8). If you do not agree to these Terms, it is your responsability to leave this Website immediately.

2. Use of Website

2.1. Service means all material relating to services on the Website or sent to you by e-mail or by any other means. The Service on this Website is provided to you for personal use and subject to these Terms.

2.2. You may not sell on or sublet the Service or any content contained in the Service on the Website.

2.3. You may only use the Website and the Service for lawful purposes. In particular you may not use the Website and the Service :
- To transmit defamatory, offensive or abusive material or material of an obscene or menacing character ;
- In breach of copyright or other intellectual property right.

2.4. We reserve the right to monitor your use of all content, services, and tools to ensure your compliance with the Terms. If it is determined that you are not in compliance with these Terms, we reserve the right to take such action as is deemed necessary, including, but not limited to, suspension or termination of your account. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive use from subscription accounts.

3. Limitation of liability

3.1. The Website and its Service are provided by on an "as is" basis and without any warranties or guarantees of any kind including without limitation warranties of title or implied warranties of satisfactory quality or, fitness for a particular purpose. You must bear the risks associated with the use of the Internet.

3.2. In particular, we disclaim all liabilities in connection with the following :
- Incompatibility of the Website with any of your equipment, software or telecommunications links ;
- Technical problems including errors or interruptions of the Website ;
- Unsuitability, unreliability or inaccuracy of the Service ;
- Inadequacy of the Service to meet your requirements.

3.3. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

3.4. You acknowledge that we accept no liability for any services or other material provided to you through the Website and the Service where such Service and/or material is provided by third parties who provide content to the Service or whose services and/or materials are hypertext linked from and to the Website.

3.5. You may not use the Website or the Service to transmit any material (including viruses) which is likely to cause harm to our or anyone else’s computer systems ;

3.6. You agree to indemnify fully and to hold us indemnified from and against any claim brought by a third party resulting from your use of the Website or the Service and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by us in consequence of your breach or non-observance of these Terms.

3.7. Our liability to you for any loss or damage is limited to damages of an amount equal to the Subscription Fee.

4. Licence A for non-subscribers

4.1. If you are a non-subscriber to the Service, you have a licence to use the materials while they remain on our Website and you may :
- Search, view, copy and print out materials and for the purposes of any matter or transaction on which you are working ;
- Bookmark any page or link to it so long as the page is presented within our frameset.

4.2. This licence applies to all materials on the Website other than full text materials available by subscription, which are governed by one of the specific licences below and which take precedence over this one.

5. Licence B for trialists

5.1. If you are a trialist of the Service, you have a personal, non-transferable licence to search and view the materials on our Website for the purposes of evaluating whether you wish to subscribe to the Service.

5.2. During the trial period and in respect of the Service that you are trialing, you undertake that you will not :
- Download to a local machine, network or disk any materials from the Website and save them in electronic form.
- Copy and paste any materials from the Website.
- Share your access codes with other persons.

6. Licence C for single-user subscribers

6.1. If you are a subscriber to the Service, you have a personal, non-transferable licence to use each Service for which you pay the Subscription Fee as it appears on the Price List.

6.2. You will take reasonable steps to ensure that nobody accesses the Service using accounts created with your Login and Password.

6.3. You aknowledge that the subscription period is for one year unless provided otherwise in your invoice.

6.4. As subscriber to a license C, you may :
- Search, view, copy and print out material from the Service for your own use ;
- Make copies and print outs of such material available to others if you reasonably believe they are themselves authorised by us to use those materials (if in doubt, contact us to confirm or to obtain permission), provided you use the quotation mentioned at the bottom of articles published on the Website ;
- Make available to clients copies of materials from the Service on a reasonable, non-systematic basis which is not commercially prejudicial to us.

6.5. As subscriber to a license C, you do not :
- Copy, print out or otherwise reproduce any part of the Service, except as permitted under this agreement or authorised by us in writing ;
- Make any part of the Service available to anyone whose principal place of work is not the one of the registred organisation, except as permitted under this agreement or authorised by us in writing ;
- Alter any part of the Service ;
- Assign or otherwise dispose of your or our rights under these Terms. You will not contest our intellectual property rights in the Service.

6.6. You are responsible for configuring your information technology, computer programmes and platform in order to access the Service. You should use your own virus protection software.

7. Licence D for multi-users subscribers

7.1. If you have subscribed to a multi-users licence, the authority and limitations conferred by Article 6 extends to everyone covered by this licence. Access remains on the basis of an individual and personal login and password. If you wish your licence to be extended to other users or modify the users list, you are welcome to contact : webmasterATconcurrencesDOTcom.

7.2. As multi-users licence’s subscriber, you will confirm to the webmaster the date of the subscription or renewal, the emails of subscribers using the Service.

7.3 Unless otherwise mentioned, multi-users licences are national based, not international, i.e. 1 licence per country.

8. Disclaimer

8.1. You acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law. You should note in particular that :

8.2. The Service is not intended to constitute a definitive or complete statement of the law on any subject.

8.3. The Service is not intended to constitute legal advice in any specific situation.

8.4. The views expressed in the Service are deemed to reflect the personal opinions of the authors, and not the ones of their institution, the publisher or any boards’ members.

8.5. The Service includes archived information and resources, which may be incorrect or out of date.

8.6. The Service and our means of delivering it may be incompatible with your software or computer configuration.

8.7. We may change or withdraw part or all of any Service at our discretion.

9. Subscription’s termination

9.1. The subscription period is for one year unless provided otherwise in your invoice.

9.2. On termination of your subscription you will take reasonable steps to delete that Service and any part of it from your electronic media, including your intranet and electronic storage devices.

9.3. You are not required to delete any part of the Service which has indistinguishably merged into your organisation’s know-how. You are not required to delete precedents which have been incorporated before termination into drafts or agreements relating to any transaction on which you are advising ; these may be used to complete the transaction and to keep records of it, but no further use may be made of such materials. For the avoidance of doubt : you are not required to delete or destroy print-outs or copies from print-outs.

10. Miscellaneous

10.1. You may not assign your Licence without our consent in writing.

10.2. Your Licence is not intended to benefit anyone other than the parties to it.

10.3. Your Licence constitutes the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement.

10.4. Your Licence, these Terms and the Privacy Policy are governed by French Law and the exclusive jurisdiction of the French Courts.

10.5. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

10.6. By using this Website you give your consent that all personal data submitted by you may be processed by us for the purposes set out in the following data privacy policy and in accordance with international and local applicable rules.

11. Submitting text for publication

If you want to submit material to us for publication, you may do so on the following terms and conditions :
- Publication of any material you submit to us will be at the sole discretion of the Institut and the relevant boards’ members. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
- You grant us an exclusive, 99 years, royalty-free, worldwide licence to republish any material you submit to us in any format, including without limitation print and electronic format, unless provided otherwise.
- You warrant to us that any material you submit to us is your own original work, unless otherwise stated and that you own the copyright and any other relevant rights.
- You warrant that the material you submit is not offensive, defamatory of any person or otherwise illegal.
- You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
- You are requested not to comment upon a case in which you are or have been involved, unless the reader has been duly informed thereof.

12. Privacy Policy

This Privacy Policy explains how we collect, use and safeguard information on the Website.

12.1. When you browse the Website and do not interact for any online Service or product, we do not collect personally identifiable information. When you become a registered user on our Website or provide personally identifying information on our Website we will retain certain personal information from you. The type of personal information collected will vary but may include name, address, phone number, billing and delivery information, e-mail address.

12.2. We may use your IP address, cookies and tags to track user behavior on our Website in order to make usability improvements. We also use cookies to maintain user session identity.

12.3. Once collected, we may use your personal information for the following purposes :
- Register you for programs and services you have requested ;
- Process, fulfill and follow up on your subscription ;
- Answer your e-mails or on-line requests ;
- Send information that you requested ;
- Send and process surveys ;
- Ensure the Website is relevant to your needs ;
- Deliver services such as newsletters and events ;
- Communicate general substantive information about our Services ;
- Notify you about new products/services special offers, upgrades and other related information of our Services.

12.4. If you are visiting this Website from outside the EU or the EEA the various communications will necessarily result in the transfer of information across international boundaries. By visiting the Website and communicating electronically with us you consent to these transfers.

12.5. Your personal information will only be used within the Institut de droit de la concurrence and its entities. We do not sell, rent or provide access to your personal information. We may occasionally hire other companies to provide limited services on our behalf including packaging, mailing and delivering purchases and promotional offersdata modeling, printing, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service.

12.6. If you are a registered user of the Website, you may review and update/correct your information by contacting the contactATconcurrencesDOTcom. You may also request that all your personal data are removed from the Website.

12.7. This privacy policy reflects our current policy and practices. We reserve the right to modify our privacy policy and practices at any time, effective upon posting of the modified privacy policy here. If you have any questions about this privacy policy, please contact us. You may do so by sending an email to contactATconcurrencesDOTcom or by writing to Institute of Competition Law, 60 Broad Street, suite 3502, 10004 New York, NY, USA.

13. Miscellaneous

The Website is the property of the Institute of Competition Law, a New York Corporation, located 60 Broad Street, suite 3502, 10004 New York, NY, USA.