LEGAL - TERMS & CONDITIONS OF USE This page states the terms and conditions ("Terms") under which you may use www.netshape.fr ("Web Site" ). By using the Web Site, you are indicating your agreement to be bound by the Terms. NetShape® S.A.S. ( "NetShape®" ) may revise the Terms at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Site after we post changes to the Terms means you accepted the changes. The terms "you" and "user" refer to all individuals and/or entities accessing the Web Site for any reason. The Service In consideration of your compliance with the terms and conditions of this Agreement, we will provide you with the content, tools and services available to registered members of the Web Site ("Service") We reserve the right, at our discretion, to change, modify, add or remove portions of this Agreement and the Services at any time. You must review this Agreement from time to time so you will be apprised of any changes. We may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Use of Material All contents of the Web Site, including, but not limited to, text, graphics, images and other material are owned by NetShape® and third party service providers and are protected by international intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws. NetShape® authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other web site or in a networked computer environment for any purpose. You may not copy or adapt the HTML or other code that NetShape® uses to generate its pages. This code is also protected by NetShape® 's copyright and other intellectual property rights. Site Use General Rules: You may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion. Security Rules: You may not violate or attempt to violate the security of the Web Site or use the Site to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing", or "crashing" the Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any NetShape® packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. NetShape® may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Specific Prohibited Uses: Without limitation, NetShape® specifically prohibits any use of the Web Site, and you may not use the Web Site, for any of the following: distributing or otherwise publishing, without our prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services; soliciting other users of the Site to join or become members of any online or other service; or deleting or revising any material posted by any other person or entity. Option to Remove: All chat and bulletin board communications are public and not private. Although we reserve the right to remove, without notice, any bulletin board posting for any reason, we have no obligation to delete content you may find objectionable or offensive. Trademarks NetShape® ® is a Trade mark of NetShape® All other products, services, and company names mentioned in the Web Site may be trademarks or service marks of their respective owners. Linking to the Web Site If you would like to link to the Web Site, you must comply with the following. A website that links to the Web Site: may link only to home page of the Web Site (www.NetShape® ); should not frame or create a browser or border environment around the Web Site; should not imply that NetShape® is endorsing your web site or your products or services; should not misrepresent your relationship with NetShape® ; should not present false information about products or services on the Site; should not use our trademarks or logos without prior permission from us; and should not contain content that we might consider distasteful or offensive. Submissions Except as otherwise provided in the Membership Agreement, by submitting content to the Web Site, including message boards, forum, contests and chat rooms, you grant us and our affiliates the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, has validly and irrevocably granted you the right to grant the license to us stated above. You also permit any user of the Web Site to access, store, use, display, and copy such content for personal use. NetShape® 's Liability The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Site at anytime without notice. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material you place on the Web Site. NetShape® does not warrant that the web site will operate error-free or that the web site or its server are free of computer viruses or other harmful mechanisms. If your use of the web site or the material results in the need for servicing or replacement of your or another's equipment or data, we are not responsible for those costs. The web site and the material are provided on an "as is" basis without any warranties of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, we specifically disclaim any warranty (a) that the web site will operate uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, and (e) regarding correctness, accuracy, or reliability. To the fullest extent permitted by law, NetShape® disclaims any warranties for services or goods received through or advertised on the web site or received through any links provided on the web site, as well as for any information or advice received through the web site or through any links provided on the web site. NetShape® similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the web site. Limitation of Liability and Remedies Neither we nor our service providers shall be liable for (i) any indirect, special, incidental, consequential, or punitive damages arising out of the use of or inability to use the web site or any information provided on or through the web site, or any other hyperlinked web site, including without limitation, any lost profits, business interruption, loss of programs or other data, even if we have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions or other inaccuracies in the web site, the materials or any hyperlinked web site. Such limitation shall also apply with respect to damages incurred by reason of services or goods received through or advertised on the web site or received through any links provided on the web site, as well as by reason of any information or advice received through or advertised on the web site or received through any links provided on the web site. Links to Other Sites The Web Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content, suitability, or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk. NetShape® cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from NetShape® because these sites are owned and operated by independent retailers. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. NetShape® does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and activity. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties. PRIVACY POLICY General NetShape® respects the privacy of every individual who visits www.netshape.fr . This Privacy Policy outlines the information we will collect and how we will use and share that information. Personally-Identifiable Information There are cases where we may ask you for personally-identifiable information such as your name, mailing address, email address and telephone number. We will not collect any personally-identifiable information about you unless you provide it to us voluntarily. Please note that although certain registrations within NetShape® require certain user information, registration itself is entirely optional. It is your decision about how much to participate on the Site and how much information you choose to provide. But remember, the more information we have, the better we are able to customize your experience. When you provide us with personally-identifiable information, NetShape® may: store and process that information to better understand your needs, customize your experience, and how we can improve our products and services; use that information to contact you via email and postal mail for informational, marketing and promotional purposes; disclose that information to third parties who need such information to provide products and services that you have requested; disclose that information to third parties when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be injury to or interference with (either intentionally or unintentionally) NetShape®'s rights or property, other members or users of the Web Site, or anyone else that could be harmed by such activities; and disclose that information to third parties when we believe in good faith that the law requires it. Financial Information NetShape® may ask you for your credit card number and expiration date when you order goods or services from the Web Site. We may use this information for processing your order and may share this information with credit card processing companies and any other third party that may need the information to process your order. These organizations have their own privacy and data collection practices, and we have no responsibility for these independent policies. Non-Personally-Identifiable Information NetShape® may also collect information about you that is not personally-identifiable. We will not collect any such information about you unless you provide it to us voluntarily. We may share this information in the aggregate with advertisers, business partners, sponsors, and other third parties. These data are used to customize our Site's content and advertising. We will also use that and other data and information to make visits to the Site easier, quicker, and better for you and our other members and users. We also may track certain information about your visit to the Web Site. Such information is gathered in the aggregate and is not identified by any specific users. Modification of Information and Opt-Out If you indicated on registration that you are interested in receiving offers or information from NetShape® and our partners, we may occasionally send you e-mail about products and services we believe may be of interest to you. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, if you have been receiving the mailings and if you would like to remove or change that option or some other information you have submitted, you may do so by visiting My Personal data. (Remember, however, that removing some or all of your information may limit your ability to access some or all of the features and services of the Web Site.) In addition, to keep you in control of your personally-identifiable information and the communications directed to you, we allow you to opt-out of receiving marketing and promotional communications from NetShape®. You may opt-out of this service by following the instructions included in the communications or by visiting My Account. Information Collected Automatically NetShape® may also automatically collect non-personally-identifiable information about your use of the Web Site, such as the domain from which you access the Internet (for example, aol.com, if you are connecting from an America Online account), the date and time you access the Site, and the Internet address of the website from which you linked directly to our Site. This information will not be linked to personally-identifiable information. We may use this information to analyze and enhance our Web Site and for security purposes, and we may aggregate this information and share the aggregated information with business partners, sponsors, and other third parties. Information Placed Automatically On Your Computer's Hard Drive A "cookie" is information stored on your computer when you view a website. Cookies help us in many ways. For example, cookies allow us to make sure you don't see the same ad repeatedly. Cookies also allow us to tailor the Web Site to better match your interests and preferences. If you visit another website from our Site, you may also receive a cookie or similar file from that site. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Remember, however, that blocking or deleting cookies may limit your ability to access some or all of the features and services of the Web Site. Uploaded Information We will not disclose to third parties any information, data and other materials that you upload to any non-public areas of the service offered on the Web Site (e.g., your calendar, your file folders, etc.) except as directed by you or when we believe in good faith that the law requires it. Links to Other Web Sites Be aware that NetShape®'s sponsors and other advertisers have links on the Site that take you to other sites that may collect personally identifiable information about you. NetShape® hopes that all third parties involved adhere to NetShape®'s policies regarding the privacy of NetShape®'s users. However, this Privacy Policy does not cover third party data collection practices and NetShape® does not assume any responsibility for any actions of third parties. Security Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While NetShape® strives to protect your information and privacy, we cannot guarantee the security of any information you disclose online, and you do so at your own risk. The importance of security for all personally-identifiable information associated with our users and members is of utmost concern to us. Unfortunately, no data transmission over the Internet can be guaranteed to be secure. As a result, while we strive to protect your personally-identifiable information, we can't ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. However, once we receive your personally-identifiable information, we will take reasonable efforts to ensure its security on our systems. Your account on the Web Site is password protected so that only you can access it and view the information relevant to the account. We recommend that you do not divulge your password to anyone. NetShape® will never ask you for your password in an unsolicited phone call or email. Ultimately, you are responsible for maintaining the secrecy of your passwords and any account information. Whom to Contact If you have questions or concerns regarding this Privacy Policy, you should contact NetShape® at webmaster@netshape.fr: Termination NetShape® reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the Web Site and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of our services, or otherwise not complied with any of the Terms. Indemnity You shall indemnify and hold harmless NetShape® , Service Providers, and their respective officers, directors, employees and agents, from and against any claims or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the Terms, including (without limitation) any claim of infringement. General NetShape® makes no claims that the Materials may be lawfully viewed or downloaded in certain countries or by certain persons. If you access the Web Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms are governed by the internal substantive laws of France. Jurisdiction of any claims arising under the Terms will lie exclusively with the courts resorting under the Lyon Cour d'Appel ( Appeals Court ) and you consent to the exclusive personal jurisdiction of such courts if there is a dispute between you and us. You may not institute any action in any form arising out of use of the Web Site, the Materials or the Terms more than twelve (12) months after the cause of action has arisen. If any of the Terms is found to be invalid by any court having competent jurisdiction, that invalidity will not affect the validity of the remaining Terms, which will remain in full force and effect. No waiver of any Term will be deemed a further or continuing waiver of such provision or any other provision. The Terms constitute the entire agreement between you and us with respect to the use of Web Site. No changes to the Terms may be made except by a revised posting by us on this page, and no waiver of any Term will be effective unless it is in writing and signed by us.