TERMS AND CONDITIONS OF USE OF « WWW.EUROSIMA.COM »

(referred to as « this website »)

1. ARBITRATION

By using this website you agree that the laws France, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute of any sort that might arise between you and EuroSIMA or its affiliates. All use of this website implies express and unconditional agreement of the present Terms and Conditions of use. The terms ‘you’ refers to the user or viewer of our website or possible user who has attempted or who has consultant in any way an html page accessible via the principal domain name of the above cited website.

2. EDITOR AND WEBSITE HOST

The term EuroSIMA or “us” or “we” refers to the owner of the website, a 1901 association whose registered office is based in France, Villa Casa Mia, 9 avenue des Acacias, 40130 Capbreton, SIRET number 437 956 683 00027, APE code 9499Z, telephone number +33 (0)5 58 72 15 33, which will be referred to as “EuroSIMA” or “we”. The President of the association is Frédéric Basse. This website is hosted in France by the French company France Telecom Transpac, based in France, 33, Avenue du Maine – B13, 75755 Paris Cedex 15, France, telephone number +33 (0)1 53 74 20 00.

3. CHANGES OR UPDATES IN TERMS AND CONDITIONS OF USE

EuroSIMA reserves the right to change or update the pages of this website and/or the terms and conditions at any time. Any changes or updates are applicable from the moment they are published on this website. Users are therefore responsible for constantly checking the terms and conditions online. Any use of this website implies full acceptance and agreement of the terms and conditions as published at the time of online use.

4. TRADEMARKS, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS

All content and services available on this website including but not limited to research, studies, images, architecture, texts, illustrations, drawings, models, brands, software, data bases, programming etc. (referred to as “content”) are property of EuroSIMA and its members, licensors and suppliers. In particular the various brand and EuroSIMA logos used on this website are registered trade marks, of which any use or reproduction would be a counterfeit. All rights of use and reproduction of any content of this website remain the property of EuroSIMA and its respective proprietors. The content of this website is protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in France and internationally. Any integral or partial reproduction, representation or use of any content of this website regardless of technique and without express written consent from EuroSIMA or contributors, will render the user responsible and liable to the proprietors of the content in case of any legal, copyright or commercial claim.

5. PRIVACY

EuroSIMA is committed to safeguarding the personal information of members and online visitors. Upon registration on the website, personal information may be requested (name, first name, address, email, company…). We use collected information to enable us to provide users of this website with EuroSIMA services, to identify users, to establish statistics of this website and its services use, to improve website navigation and to ensure safety and integrity of digital data on the website. User information collected on this website is destined only for EuroSIMA and subsequently any suppliers of EuroSIMA that may update or assist with the maintenance and updating of this website and its services. EuroSIMA is committed to safeguarding the confidentiality of any personal information of members and online visitors. EuroSIMA does not share any user information to third parties, outside any otherwise cases specified in these terms and conditions of use. According to the European Directive 95/46 of October 24th 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and French law n° 78-17 of January 6th 1978 modified by law 2004-801 of august 6th 2004 and completed by Application Decree n° 2005-1309 of October 20th 2005, modified by Decree 2007-451 of March 25th 2007, all user of this website retain right of access and may alter or delete any personal information pertaining to them, and retain right of opposition to any processing of this information for commercial ends by EuroSIMA. Users may therefore demand that any personal data pertaining to them possessed by EuroSIMA be either corrected, completed, clarified, updated or deleted, in the case that users request a copy of this information or if this information were revealed incorrect, incomplete, out dated or unclear. To exercise these rights at any time, or for any additional information relative to this website or to EuroSIMA, users may send an email to EuroSIMA, including user’s full identity information and email address to prove identity. Information must me sent to the following email: info@eurosima.com or be sent by mail to: EuroSIMA, Villa Casa Mia, 9 avenue des Acacias, 40130 Capbreton, France. Users may also call +33 (0)5 58 72 15 33 Monday through Friday from 9am to 12:30pm and from 2pm to 5:30pm.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

By using this website, users assume entire responsibility for website use in agreement with the Terms and Conditions and all laws applicable to this website as detailed in article 1 of the present Terms and Conditions and according to the applicable laws of users’ country of residence. Users agree that use of the service and website is at their sole risk. In no event will EuroSIMA, or any person or entity involved in creating, producing or distribution the service or content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages including without limitation, direct, indirect, incidental, special punitive, consequential or similar damages, arising out of the use or inability to use this website or included services. Any disputes are to be arbitrated under applicable laws as stated in Article 1 of the present Terms and Conditions. This website provides information about EuroSIMA, its activities and services as of those of its partners. The information contained in this website is for general information purposes only. The information is provided by EuroSIMA and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profit arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of EuroSIMA. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, EuroSIMA takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. The above disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration, of or use of this service whether for breach of contract, tortuous behaviour (including strict liability), negligence or under any other cause of action. You specifically acknowledge that EuroSIMA is not liable for de defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely on you.

7. PERMITTED USE

Only authorized registered users may access private areas of this website, after having received a user login and password for such use. Users agree not to share their password and user login information with anyone else, if which is strictly for personal only.

8. STUDY USER AGREEMENT

All downloadable documents on the « Research and documents » are property of EuroSIMA its authors and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in France and internationally. This includes all content, architecture and, framework and code. According to Intellectual Property Law, copies or reproductions are strictly reserved to private use of copy professionals destined to non collective use and private and free representations exclusively in the family circle. Are also authorized on the condition that the author and name are clearly represented, the use of analyses and short quotes based on their critical, pedagogical, scientific or other relevance of the context in which they were incorporated. All other partial or complot use of these studies and their content, including but not limited to documents, graphs, and other representations is strictly forbidden.

9. IMAGE USER AGREEMENT

The images that are put online via this website in the « Press room » page remain the propriety of the rightful owners. The right to use these images is however given to use, non exclusively on the condition of strict respect of terms and conditions of use as detailed above. Users are strictly forbidden from communication, transmitting or making available to a third party any images and related copyright information that is granted for use to them, whether for free or not. In consequence, users are strictly forbidden to insert images in any format that allows any type of downloading, modification, deformation, mutilation or addition. Use of images includes exclusively reproduction of publications on paper, magazines, and journals, the Internet or television, and exclusively for editorial purposes. Use of images is authorized worldwide. Users are strictly forbidden from using images for anything other than an editorial purpose. Users commit to strictly conforming to the user image user agreement as detailed above, all other use rendering users expressly liable to EuroSIMA and any other copyright proprietors.

10. IMAGE CREDITS

All use or reproduction of selected images must include the following image credit note next to each image: « [photographer name/EuroSIMA] ».

11. TRIBUNAL COMPETENT

Any dispute on the execution, interpretation of the present Terms and Conditions of Use will be exclusively settled by arbitration of the court of DAX; In case of dispute or litigation refer to the original version, in French.