General Terms and Conditions of Use
Legal Information

We invite you to read carefully these Terms of Use which govern the navigation on this site (hereinafter the “Terms of Use”). By using the site you accept these Terms of Use without reservation.
For any request relating to your use of the site, you can contact us at the following address:

LEGAL NOTICES

Site URL: http://www.pellencst.com/

Contact: [email protected]

Telephone number: +33 4 90 09 09 47 90

Director of Publication: Jean Henin

Publisher : Pellenc ST SAS with a capital of 7,092,800 euros, including its registered office at 125 rue François Gernelle, BP 124 84124 Pertuis Cedex France, registered in the Trade and Companies Register under number SIRET: 435,267,885,00026 (hereinafter the “Publishing Company” or “We”).

Site creator: PUBLICOM, a company with a capital of 30,000 euros, whose registered office is 10 route de Galice 13100 Aix-en-Provence, registered in the Aix-en-Provence Trade and Companies Register under number 410 765 663

Hosting company : PUBLICOM (see info above).

Telephone number: +33 (0)4 42 99 01 20

Contact: www.publicom.fr

1. ACCESS TO THE SITE

To access and use this site, you must be 18 years of age or older. If you are under 18 years of age, prior authorization from your parents will be required.

You can access the site freely and without registration or prior account creation.

Access to the site and/or some of its sections may require the use of personal access codes. In this case, it is your responsibility to take appropriate measures to ensure the secrecy of these codes. You can of course change them at any time. However, the number of attempts to access the site and/or some of its sections may be limited in order to prevent fraudulent use of the said codes. We invite you to inform us of any fraudulent use of which you may become aware. In addition, in the event of non-compliance with the rules described in these Terms of Use, we reserve the right to suspend your access.

However, you will still be responsible for the costs of accessing and using the telecommunications network.

2. INTELLECTUAL PROPERTY

a) Intellectual property rights

The development of this site has involved significant investments. The site and each of its components (such as trademarks, images, texts, videos, etc.) are protected by intellectual property. Any use, reproduction or representation of the site (in whole or in part), on any medium whatsoever, for other purposes, including commercial purposes, is prohibited.

We may make available to you on this site content that you are authorized to download (hereinafter referred to as “downloadable content”). We grant you, for your personal and private use only, free of charge and for the legal term of protection of intellectual property rights as defined by French and foreign legislation and international conventions, a non-exclusive and non-transferable right to use the downloadable content. Any reproduction, representation, modification or distribution of the downloadable content is prohibited. By downloading or using such downloadable content, you agree to use it in accordance with these Terms of Use.

In the event that we provide you with a site to retouch an image, you acknowledge and agree that this site may only be used for purely private use and in accordance with its purpose. You are not allowed to use this site in a way that would damage the honour, reputation or rights of a third party as described below.

b) Third party rights

We remind you that you must obtain/transfer all necessary authorisations and rights from the various rightsholders concerned by any content you may wish to publish on the site, including all intellectual property rights and/or literary, artistic and/or industrial property rights, as well as personality rights (and in particular image rights), so that you can peacefully exploit such content. For example, you must obtain/transfer the rights to the contents, and in particular the copyright on the photographs, as well as all the elements appearing in the said contents, such as for example elements of architecture, design, advertising creations, or clothing creations

c) User content

We may make available on this site a space intended to host user content, such as texts, photos, videos, opinions, etc. (hereinafter referred to as “user content”).

By publishing user content on the site, you hereby grant us a free, irrevocable, non-exclusive, worldwide, non-exclusive license for the entire duration of the intellectual, literary and artistic and/or industrial property rights, and in particular copyright as defined by French and foreign legislation and international conventions (including any subsequent supplementary or amending regulations), to reproduce, represent, use, copy, modify, adapt, translate, create derivative works, integrate into other works, distribute such user content (in whole or in part).

This use is authorized for all internal or external, corporate or financial communication, advertising, public relations, historical or archival purposes, of our company or its subsidiaries, products and/or brands, and in particular on the following media:

• Display in all formats, in unlimited quantities
• Press, unlimited number of publications
• Publishing, number of unlimited publications, in particular publishing for internal communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, conference posters, trade fairs, stands, etc.; BtoB communication, in the trade press, for a number of publications and/or unlimited quantities
• Electronic, computer, digital, multimedia, Internet and Intranet publishing, all sites (whatever the site and/or medium, including so-called “social network” sites such as Facebook, Twitter, Youtube or Linkedin) number of unlimited insertions and distribution, on any other advertising medium (hereinafter the “medium(s)”)

You are informed that these social networks are platforms owned by third parties and that consequently the distribution and use of user content on these social networks is governed by the Terms of Use established by these third parties. Thus, we cannot be held responsible for any use of the content by us or by third parties in accordance with the Terms of Use established by social networks, and in particular, in terms of the scope of the rights granted, the duration of the rights and the removal of the content. You will be responsible for any claims by third parties relating to the use of the content in accordance with the Terms of Use established by social networks.

In addition, we remind you that any content is likely to be referenced on a search engine and, therefore, to be consulted by an audience outside the site.

This authorization gives us the possibility to adapt your content and/or to make any clarification we consider useful as long as the content does not alter your image or your comments.

In addition, the use of user content may be accompanied by certain depersonalized information such as your city, country or age, and/or, if you have expressly authorized it to do so, information allowing your identification such as your first name, or your nickname.

The user content that you publish on this site is your choice and your exclusive responsibility. However, we remind you that this user content must not be contrary to the legislation in force, morality and the principles set out herein. As such, we reserve the right to remove at any time any user content that does not comply with these Terms of Use and in particular the Charter of Good Conduct.

In addition, if you access content user created by another user, you must respect the rights of this user and in particular take care not to reproduce and distribute said content published on other media without the prior consent of the user concerned.

3. GOOD CONDUCT CHARTER

We defend the values of tolerance and respect for others.

For this reason, by using this site, you agree not to:

• Use racist, violent, xenophobic, malicious, vulgar, obscene or illegal language
• Disseminate content that is harmful, defamatory, unauthorised, malicious, invasive of privacy or image rights, incites violence, racial or ethnic hatred, or content that constitutes an offence against morality or incitement to commit certain offences and crimes
• Use the site to engage in politics, propaganda or proselytizing
• Publish advertising or promotional content for products and/or services competing with the brand(s) presented on the site
• Divert the site from its purpose, in particular by using it as a meeting place
• Disseminate information allowing, directly or indirectly, the nominative and precise identification of a natural person without his express and prior consent, such as in particular the family name, postal address, e-mail address, telephone number
• Disseminate information or content likely to offend the sensibilities of the youngest
• Intimidating or harassing others
• Carry out illegal activities, including infringing on the rights holders of software, trademarks, photographs, images, texts, videos, etc.
• Distribute content (including photographs and videos) representing minors

If you discover content if you are a user advocating crimes against humanity, inciting racial hatred and/or violence or concerning child pornography, you must inform us immediately at the following e-mail address: [email protected], or by sending a detailed letter to the following address: 125 rue François Gernelle, BP 124 84124 Pertuis Cedex France, indicating in your email/letter the date on which you noticed this content, your identity, the URL address of the disputed content, its description and the identification of its author.

If you believe that user content violates the principles set out above and your or a third party’s rights (e.g. counterfeiting, insult, invasion of privacy), you may notify us at the following e-mail address: [email protected], or by sending a detailed letter to the following address: 125 rue François Gernelle, BP 124 84124 Pertuis Cedex France, indicating in your email/letter the date on which you noticed this content, your identity, the URL address of the disputed content, its description and the identification of its author.

In accordance with the provisions of Article 6-I-5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, the notification must contain:

• The date of notification
• For a natural person: surname, first name(s), profession, domicile, nationality, date and place of birth
• The name and domicile of the recipient or, in the case of a legal person, its name and registered office
• The description of the disputed facts and their precise location (e.g. URL link of the disputed content)
• The reasons why the content must be removed, including the legal provisions and the justifications for the facts
• A copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification that the author or publisher could not be contacted

Any incomplete notification may not be processed. IMPORTANT The act of presenting content or activity as unlawful for the purpose of obtaining its removal or stopping its dissemination by presenting false or inaccurate information shall be punishable by one year’s imprisonment and a fine of 15,000 euros.

4. INFORMATION CONTAINED ON THE SITE

a) General provisions

We remind you that inaccuracies or omissions may appear in the information available on this site, particularly from third parties. We undertake to remove inaccuracies or complete this information on the site as soon as possible.

Information on products and services

The products and services presented to you on this site do not constitute an offer to sell but a general presentation of the range of products and services that we distribute in the country in which this site is distributed.

b) Hypertext links

The hypertext links set up on this site may lead you to websites published by third parties whose content we do not control. Consequently, and insofar as the hypertext links have been included on this site solely to facilitate your navigation on the Internet, the consultation of third party sites is your choice and your exclusive responsibility.

5. PERSONAL DATA

We may collect personal data about you, in particular when you (i) subscribe to a service, (ii) download download downloadable content, (iii) authenticate, (iv) register for a game/contest, (v) send us an e-mail, (vi) respond to a survey or study.

For more information on the processing of your personal data, we invite you to consult our policy on personal data accessible here.

6. COOKIES

Cookies are small files that are placed on your device when you browse the site (such as the pages you visited, the date and time of the visit, etc.) and can be read during your visits to the same site.

7. MODIFICATION OF THE SITE AND TERMS OF USE

We may modify the content and information included in this site and these Terms of Use, in particular in order to comply with any new applicable legislation and/or regulations and/or to improve the site.

Any modification will be brought to your attention on the site before it takes effect under these terms of use. Unless the modification implies your express acceptance, your continued use of the site implies your acceptance of the new terms of use.

8. CREDITS

The site was developed for the company Pellenc ST by PUBLICOM (410 765 663), 10 route de Galice – Aix-en-Provence.

9. WARNING

We strive to keep the site and downloadable content accessible at all times. However, we cannot guarantee the availability and permanent accessibility of the site. Indeed, we may be obliged to temporarily suspend partial or total access to the site, particularly for technical maintenance reasons.

It is also specified that the Internet network and computer and telecommunications systems are not error-free and that interruptions and failures may occur. We cannot provide any guarantee in this respect and shall therefore not be liable for any damage inherent to the said uses of the Internet network and computer and telecommunications systems, in particular, but not limited to:

• Incorrect transmission and/or reception of any data and/or information on the Internet
• An external intrusion or the presence of computer viruses
• Failure of any receiving equipment or communication lines
• And any other malfunction of the Internet network that prevents the proper functioning of the site

Finally, we can only be held liable for direct damage, to the exclusion of any other damage or prejudice of any kind whatsoever. In particular, indirect related damages such as, but not limited to, loss of profits or revenues or loss of customers.

10. APPLICABLE LAW AND DISPUTES

The Terms of Use are subject to French law.
For any problem, please contact us at the following address: [email protected]