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TERMS AND CONDITIONS OF USE EVO

In force since: 22 August 2018   Your access to and use of our website is governed by the terms and conditions below. Please note that you must read these terms and conditions carefully. If you have any questions, please do not hesitate to contact us at the following address: contact@evolutioncom.eu.

1 WEBSITE PROVIDER

1.1 The website

The website Evolutioncom.eu is managed and operated under the responsibility of: EVOLUTION SA, having its registered office at 7503 Froyennes, rue des Sablières, 12, BCE registration no.: BE 0459.304.502 The website is a presentation of EVOLUTION and its services. It is hosted by Evolution.

1.2 Editorial manager

The publications director of the website is Loic Henry.

2  ACCEPTANCE

2.1 Access to the website is subject to these terms and conditions of use, the privacy policy and applicable laws and regulations. Consequently, access to the site implies the user’s (hereinafter, the «User») full and unconditional acceptance of these terms of conditions of use, and the privacy policy.

2.2 These terms of conditions of use and the privacy policy exclusively govern the relationship between the User and EVOLUTION relating to the use of the website and the service. They may be consulted at any time on the site.

3  LIMITATIONS OF LIABILITY

3.1 EVOLUTION shall, as far as possible, ensure that the website is up to date and remains accessible to a standard number of Users. However, EVOLUTION does not warrant that the website’s functions will be available without interruption or error, that errors will be immediately rectified or that the server that makes it available is free from viruses or other harmful components.

3.2 EVOLUTION shall not be held liable for any loss and/or damage of any kind whatsoever resulting from the suspension, interruption, (technical) disruption, slowdown, limited accessibility and/or discontinued accessibility of all or part of the website or viruses or other harmful elements present on the site.

3.3 If the User finds an error, virus or other harmful elements to be present on the website, it should notify EVOLUTION at the following address: contact@evolutioncom.eu so that the necessary measures can be taken. At all events, EVOLUTION advises the User to install on its computer the firewalls, anti-viral software and other protective software required to prevent any damage to it. 3.4 EVOLUTION retains the right to suspend or stop all or part of the website at any time, without justification and without prior notice.

4   USE OF THE WEBSITE

4.1 The User agrees to use the website in accordance with its purpose only, to the exclusion of any other purpose.

4.2 The User is obliged to ensure that all information it forwards is accurate and up-to-date.

4.3 The User agrees to use the website in good faith and to respect the legislation in force, and in particular to refrain from: sending EVOLUTION any false or misleading content or communications (updating such content, where appropriate, to ensure that it does not become false or misleading), any obscene, racist, xenophobic, abusive, unlawful or misleading communications or anything that violates the privacy of others, any offensive, damaging, violent, threatening, harassing or defamatory communications or anything which infringes an intellectual property right or any other right, or encourages or participates in any of these things;

providing email addresses or other types of content to EVOLUTION without the prior consent of those concerned;

sending EVOLUTION content that violates the rights of a third party or damages them in any way whatsoever (intellectual property rights, privacy, business secrets, etc.);

sending EVOLUTION content that directs to unlawful websites or those that contains inappropriate content;

using the website to send spam, unsolicited emails, pyramid emails or for similar or fraudulent schemes;

circumventing technical protection devices for multimedia documents and elements;

any action that might serve to disrupt the proper functioning of the website or the service, including the use of computer worms, viruses, time-bomb software or mass mailing;

attempting to obtain unauthorised access to any part of the website or to equipment used to run the site;

using a false name, a pseudonym, or the identity of another person or entity;

using the website for purposes other than those provided by the terms and conditions of use.

4.4 EVOLUTION shall in no way be held liable should the User fail to comply with the terms and conditions of use, the Cookie policy, the privacy policy and/or applicable laws or regulations. The User guarantees EVOLUTION against any action, claim or complaint by third parties (including the public authorities) relating to its use of the website.

4.5 The User uses the website at its own risk. The website, its components and all information, software, facilities and services related thereto are provided as is, subject to availability, without warranty of any kind (neither express nor implied) and within the limits of applicable law.

4.6 EVOLUTION declines any responsibility for any loss or damage (direct, indirect, material or immaterial) resulting from the use of the website and its components, or the inability to use the site.

4.7 The User is also obliged to inform EVOLUTION immediately in writing if it becomes aware of inappropriate behaviour in relation to the site or use thereof by sending an email to the following address: contact@evolutioncom.eu.

5  LINKS TO AND ON OTHER WEBSITES

5.1 Hypertext links to other websites may appear on the website. In addition, some websites may include a link to the site. These third-party sites are not controlled by EVOLUTION, which therefore assumes no responsibility for their operation, content and use. Unless expressly stated otherwise by EVOLUTION on the website, the existence of such links in no way implies acceptance by EVOLUTION of these third-party sites or the use to which they may be put, nor any association or partnership with the operators of these sites.

6  INTELLECTUAL PROPERTY RIGHTS

6.1 The website and its components (brands, logos, graphic design, photographs, animations, videos, music, texts, etc.) are the property of EVOLUTION. They are protected by intellectual rights (including copyright, design law, trademark law, etc.) and shall not be reproduced, used or distributed without the prior written permission of EVOLUTION or, where appropriate, the right holder concerned; doing so shall constitute an infringement of copyright and/or design law and/or trademark law punishable by three months’ to three years’ imprisonment and a fine of 80 to 80,000 euros or one of these penalties only.

6.2 Under these terms and conditions of use, EVOLUTION grants the User a non-exclusive, non-transferable license for an indefinite period which may be revoked at any time without justification, to access the content of the site, to display it and to download it only for display purposes. The User may also print a copy of the content displayed on the website for its personal needs, provided that it in no way alters the content of the site and it keeps all the site’s references to authorship and origin. Reproduction is therefore authorised only for strictly private purposes within the meaning of Article XI.190 5° of the French Code of Economic Law.

6.3 Any use of the website and its components not covered by this article is strictly prohibited.

7   DISPUTES

7.1 To be valid, any possible claim by the User relating to the website must be forwarded in writing within eight (8) calendar days after the event giving rise to the claim comes to light. In the absence of any disputes following the aforementioned rules, the User shall be deemed to accept unconditionally and without reserve the event(s) giving rise to the claim and shall, on a de facto and permanent basis, waive any claim in this respect.

8   APPLICABLE LAW AND COMPETENT JURISDICTION

8.1 The validity, interpretation and/or execution of the terms and conditions of use are subject to Belgian law, to the fullest extent permitted by the applicable rules of private international law.

8.2 If disputes arise as to the validity, interpretation or execution of the terms and conditions of use, the courts and tribunals of the judicial district of Brussels shall have exclusive jurisdiction, to the fullest extent permitted by the applicable rules of private international law.

8.3 Before taking any action aimed at the judicial resolution of a dispute, the User and EVOLUTION undertake to attempt to resolve it amicably. To this end, they shall first contact each other before resorting, where appropriate, to mediation, arbitration, or any other alternative method of dispute resolution.