WEBSITE – TERMS AND CONDITIONS
- This Website (“zabaldano.com”, or the « Website ») is owned and operated by Zabaldano Avocats who is exploiting it. Their registered office is at 9, rue du Gabian, 98000 Monaco.
- The zabaldano.com website is hosted by the company OVH, with a capital of 10,069,020.00 euros, registered in the Lille Metropole Trade and Companies Register under no. 424 761 419, and whose registered office is located at 2, rue Kellermann, 59100 Roubaix, France.
- You are asked to read these terms and conditions of use (the “Terms and Conditions”) carefully. By accessing this Website and/or any of its pages you confirm your agreement with and understanding of the following Terms and Conditions and the legal information relating to both this Website and any material on it. If you do not agree to these Terms and Conditions, do not access this Website. In addition, when using services on the Website, you shall be subject to any posted guidelines or rules applicable to such services that may be posted on the Website from time to time. All such guidelines or rules are incorporated by reference into these Terms and Conditions.
- These Terms & Conditions were published in [Date]. Zabaldano Avocats reserves the right to change these Terms and Conditions at any time without notice. You are therefore responsible for regularly reviewing these Terms and Conditions. Continued use of this Website following any such changes shall constitute your acceptance of such changes.
- For the purposes of these Terms and Conditions, “we”, “our” and “us” refers to the Zabaldano Avocats while references to “you” and “your” refers to the persons accessing this Website (including persons who access this site on the behalf of other persons).
B. Copyright, Trade Marks
- The copyright and all other rights, whether intellectual property or other rights, in the material on the Website are owned by Zabaldano Avocats or are included with the permission of the owner of the rights.
- You may download a single copy of the material on the Website on a single computer for your own private purposes only.
- Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records.
- No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent.
- No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith.
- All trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Zabaldano Avocats and may not be used, including (but not limited to) as part of any trademarks, domain names and/or social media names or tags without the prior written consent of Zabaldano Avocats other than for the purpose of referring to Zabaldano Avocats lawfully and in good faith.
C. Prohibited use
You agree not to use the Website:
- to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website;
- to place advertisements on the Website or use the Website for any other commercial purposes;
- to place links on the Website where those links take users to unlawful material or material that breach these Terms and Conditions;
- to send or distribute any material obtained from the Website to any third party except where expressly permitted;
- in such a way to remove the copyright or trade mark notice(s) from any copies of any material;
- to place or send any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- to place or send any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to place or send any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
- to place or send any material which compromises the privacy or security of anyone;
- to place or send any material which does or may bring Zabaldano Avocats or any of its staff member into disrepute;
- to place or send any material where use of the material by Zabaldano Avocats, or any third party licensed or permitted by Zabaldano Avocats, will give rise to any third party claims.
D. User Generated Content
- The pages of the Website where you are permitted to post content are provided for your private, non-commercial exchange of lawful, relevant and appropriate information or comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited.
- By submitting any content to the Website, you:
- grant Zabaldano Avocats the right to use such content and all material embodied in that content for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and expressly waive all of the moral rights that you may have in respect of any material you post to the Website;
- contractually undertake to Zabaldano Avocats that all such content complies with the provisions of section C above;
- acknowledge that Zabaldano Avocats may require you to confirm the above rights and agree to do so within 7 days of any request from Zabaldano Avocats.
- Zabaldano Avocats reserves the right (but not the obligation) at its sole discretion to refuse, review, edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so.
E. Use of Software
Copyright in any software that is made available for download from the Website and/or the Zabaldano Avocats Materials (as defined below) belongs to Zabaldano Avocats or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.
F. Links from and to other websites
- You acknowledge and agree that Zabaldano Avocats has no responsibility for the accuracy or availability of information, material or content provided by third party linked websites, or the content, performance, terms and conditions of use or the privacy policies or practices on such websites. Third party links are provided solely for your convenience. If you use these links, you leave the Website. Zabaldano Avocats cannot review these sites in detail and cannot be responsible for these websites or their content or availability. If you decide to access any of the third party websites linked to the Website, you do so under your own responsibility.
- Links to other websites do not constitute an endorsement by Zabaldano Avocats of such websites or the content, products, or other materials or services presented on such websites.
- Zabaldano Avocats does not author, edit, or monitor the content, links, or services provided by third parties. Zabaldano Avocats shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or other material available on the website or on third party linked websites.
- If you wish to establish a link to the Website, you expressly agree:
- to ask prior written approval of Zabaldano Avocats to establish a link to the Website;
- not to include the Website into the frame of another website and to create a direct link to the official Zabaldano Avocats Website;
- not to create any third party association with the Website;
- and to ensure that the link does not state or imply that Zabaldano Avocats directly or indirectly endorses any other website activity, company or entity, or presents Zabaldano Avocats in a false, misleading, defamatory or derogatory manner.
- The link to the Website does not permit you to use any content belonging to Zabaldano Avocats or to third parties, unless separately agreed to in writing by the relevant rights-holder.
- To access certain parts of the Website, Zabaldano Avocats may require you to register and provide certain information about yourself. Such registration shall be subject to, if any, specific terms of registration. Where you register, you confirm that you are 18 years of age or over and also agree to:
- provide true, accurate, current and complete information about yourself;
- maintain and promptly update it to keep it fully up to date.
- Whilst Zabaldano Avocats tries to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an “as is” and “as available” basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
- You acknowledge that whilst Zabaldano Avocats tries to ensure that information on the Website and any related material provided to you on the Website, whether by email or otherwise, is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Zabaldano Avocats.
- You acknowledge that the information on the Website should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
- Zabaldano Avocats will use reasonable efforts to ensure that the Website and the content thereof do not contain or spread any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. Zabaldano Avocats excludes all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website or the content thereof.
- Zabaldano Avocats will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from your use of the content.
I. Limitation of Liability
- You expressly acknowledge and agree that Zabaldano Avocats shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zabaldano Avocats has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website; (ii) unauthorised access to, or alteration of, your transmissions of data; (iii) any other matter relating to the Website.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the Website must be filed within one (1) year after such claim or cause of action first arose.
- Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Zabaldano Avocats or any other liability which cannot be excluded or limited under applicable law.
- These Terms and Conditions shall be governed by, and construed in accordance with the laws of Monaco and the courts of Monaco shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.
- These Terms and Conditions (including the specific terms applicable to certain services), as varied from time to time, form the entire understanding between us. Headings in these Terms and Conditions are for reference only and will have no legal meaning or effect.
- No delay in enforcing the provisions of these Terms and Conditions shall affect Zabaldano Avocats’ rights under them, nor shall any waiver of Zabaldano Avocats’ rights operate as a waiver of any following breach.
- If any provision of these Terms and Conditions is found to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain valid and enforceable.