The website www.zandan.com is published by: ZANDAN
43, rue de Dunkerque
75010 Paris, France
contact@zandan.com The website www.zandan.com is hosted by:
ADITEL
4, rue Caroline
75017 PARIS
Tel : +0033 1 44700277
info@aditel.fr The website www.zandan.com is designed by:
ADITEL
4, rue Caroline
75017 PARIS
Tel : +0033 1 44700277
info@aditel.fr TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using the website www.zandan.com (hereafter the “Site”), in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that ZANDAN may publish from time to time (collectively, the "Terms of Use"). If you do not accept these Terms of Use, do not use this Site. ZANDAN may change the Terms of Use from time to time at its sole discretion. Your continued access to, or use of the Site constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Please regularly check the Terms of Use link on the home page of the Site to view the then-current terms. The Site is reserved for professionals (such as registered companies, freelance workers etc.) which use the Site in connection with their professional activity.
1 - USE OF DOCUMENTS
“Documents” means all information, data, documents, communications, contents, files, text, images, photographs, graphics, videos, white papers, press releases, datasheets, FAQ’s and publications published on the Site and provided by ZANDAN and/or its suppliers (hereafter the “Document(s)”). ZANDAN authorizes you to download, view, copy and print the Documents subject to the following: (i) the Documents may be used solely for personal, informational and non-commercial purposes and (ii) the Documents may not be modified or altered in any way. ZANDAN may make changes to the Documents on the Site at any time without notice.
2 - USE OF CONTENT
“Content” means all software, services and software as a service (SaaS) provided by ZANDAN on the Site (hereafter the “Content”).
ZANDAN may make changes to the Content at any time without notice. 2.1 Software
Use of any software (and related documentation) you may download or access through the Site is subject to the terms of the applicable software license agreement published on the Site or of the relevant written software license agreement. 2.2 Services
The services proposed on the Site are subject to the applicable terms of sales published on the Site or to the relevant written agreement between you and ZANDAN. 2.3 SaaS
SaaS proposed on the Site is subject to the applicable terms of sales published on the Site or to the relevant written agreement between you and ZANDAN.
3 - USE OF FORUM
“Forum” means a discussion group, chat area or other services in connection with which you can email, post or otherwise transmit content on the Site (hereafter the “Forum”).
If a Forum is provided on the Site, you agree not to email, post or otherwise transmit through the Forum any content that: (i) infringes another’s rights, including but not limited to intellectual property, (ii) is harassing or invades another’s privacy, (iii) is obscene or promotes racism, hatred or harm against any group or individual, (iv) is false, misleading or defamatory or (v) violates any applicable laws or regulations. The Forum shall be used in a non-commercial manner only. If a Forum is provided on the Site, ZANDAN has no obligation to monitor it. However, ZANDAN reserves the right to review Forum’s content and remove any content at it sole discretion. The use of the Forum is submitted to the terms and conditions of the “Forum rules” published on the Site.
4 - PASSWORDS AND ACCOUNTS
You may open, under your own responsibility, an account on the Site (which includes login and password).
You are responsible for maintaining the confidentiality of and account information, and you are responsible for all activity that occur under your password or account. You agree to notify ZANDAN immediately of any unauthorized use of your password or account.
5 - PROHIBITED USE
You agree not to use the Site for any purpose that is:
- unlawful; or
- prohibited by these Terms of Use; or
- prohibited by any applicable terms of sales or software license agreement published on the Site; or
- prohibited by any other written agreement you may have with ZANDAN.
6 - RESTRICTION OF USE
ZANDAN may block, restrict, suspend or terminate your access to all or part of the Site, at any time at ZANDAN’s sole discretion, without prior notice.
7 - INTELLECTUAL PROPERTY
The Site, the Documents and the Content, as well as their selection and arrangement are property of ZANDAN and/or its suppliers and may be protected by intellectual property rights, copyrights, trademarks, patents, trade secret, etc. Any unauthorized use of any Content, any Document and/or any portion of the Site, for any purpose, is prohibited and may violate ZANDAN and/or its supplier’ intellectual property rights or other laws.
Except where expressly stated otherwise, you agree not to use, copy, publish, frame, download, upload, print, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, the Documents and/or the Content, any portions of the Site, of the Documents and/or of the Content, or the selection and arrangement of the Site, of the Documents and/or of the Content. The trademarks, logos and service marks displayed on this Site are the property of ZANDAN and/or other third-parties. You are not permitted to use the trademarks, logos and service trademarks displayed on this Site without the prior written consent of ZANDAN or such third party that may own the trademarks, logos and service trademarks displayed on this Site. If you are authorized by ZANDAN to copy any portion of the Site, of the Documents and/or of the Content, you must retain all copyright, trademark and other property notices contained in the Site, the Documents and/or the Content.
8 - WARRANTY
8.1 Warranty regarding the Site and the Documents
Except where expressly stated otherwise, the Site and the Documents are published "as is", and ZANDAN expressly disclaim all warranties of any kind. ZANDAN makes no warranty that: - the Site or the Documents will meet your requirement or expectations;
- the Site or the Documents will be uninterrupted, timely, secure or error free;
- the result that may be obtained from the use of the Site or the Documents will be effective, accurate or reliable;
- any errors or defects regarding the Site and/or the Documents will be corrected.
The use of the Site or the Documents is done at your own discretion and risk and with your agreement that you are solely responsible for any damage to your computer system as computer virus or loss of data. You acknowledge and agree that ZANDAN does not control, endorse or accept responsibility for any software, products or services offered and provided by third-parties, including third-parties accessible through linked websites.
8.2 Warranty regarding the Content
The warranty regarding the Content is governed by the applicable terms of sales published on the Site or by the relevant written agreement between you and ZANDAN.
9 - LIMITATION OF LIABILITY
9.1 Limitation of liability regarding the Site and of the Documents
Except where expressly provided otherwise, in no event will ZANDAN, its suppliers and/or other third parties mentioned at the Site be liable for any damages whatsoever (including but not limited, those resulting from loss of profits, loss of data or any other financial loss) arising out of the use, inability to use, or the result of use the Site, the Documents or any websites linked to the Site, whether or not ZANDAN has been advised of the possibility of such damages. 9.2 Limitation of liability regarding the Content
The limitation of liability regarding the Content is governed by the applicable terms of sales and/or the applicable software license agreement published on the Site or by the relevant written agreement between you and ZANDAN.
10 - USER’S LIABILITY
You are responsible and agree to indemnify and hold ZANDAN and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
- any content that you may submit, post to or transmit through the Site;
- your access to or use of the Site, the Documents or the Content;
- your connection to the Site;
- your violation of the Terms of Use;
- your infringement of any third-party’s intellectual property rights;
- your violation of any rights of any third party;
- your access to or use of linked sites;
- any dealings between you and any third parties advertising or promoting via the Site.
11 - LINKS TO OTHER WEBSITES
Links on the Site to third-party websites are provided solely as a convenience to you. ZANDAN has not reviewed all of these third-party websites and does not control and is not responsible for any of these websites or their content. Thus, ZANDAN does not endorse or accept responsibility for any content or information accessible through third-party linked websites, or any results that may be obtained from using them.
If you decide to access any of the third-party websites linked to the Site, you do this entirely at your own risks.
12 - LINKING TO THE SITE
You may create links to this Site from other websites, but only with the prior written consent of ZANDAN.
A website that links to the Site: - may link to but no replicate partially or completely the Site, the Documents and/or the Content of the Site;
- should not create a browser or border environment around ZANDAN’s products and/or services;
- should not misrepresent its relationship with ZANDAN;
- should not imply that ZANDAN is endorsing it or its products and/or services.
13 - PERSONAL DATA AND PRIVACY
13.1 Personal data
In order for you to purchase software licenses, services and/or SaaS on the Site and/or to use the Forum, ZANDAN may require you to provide your personal information such as your name, email address, postal address and any other information, if needed.
You have the right to access, correct and/or delete your personal information. This may be accomplished by either logging into your account on the Site, or by writing to ZANDAN at the following address: contact@zandan.com. 13.2 Use of Cookies
When you visit the Site, ZANDAN places a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that wrote the cookie. The cookie enables this website to recognize the information that you have consented to give and functions as your identification card, recording your passwords, purchases, and preferences. As a result, cookies will allow you to retrieve previous search results, access various areas with ease, and view your previous invoices. It cannot be executed as code or deliver viruses. The cookie is used to track your visits to the Site and will automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided ZANDAN with personal information. ZANDAN does NOT use cookies to examine your surfing behavior before or after leaving the Site. 13.3 Links contained by the Site
ZANDAN is not responsible for the privacy practices of the third-party website linked to the Site.
14 - JURISDICTION AND DISPUTES
These Terms of Use and any disputes or claims arising out of or in connection with its subject matter shall be governed by the laws of France, irrespective of their conflict of laws principles.
All disputes arising out of or related to these Terms of Use shall be subject to the exclusive jurisdiction of the Courts within the jurisdiction of the Paris Court of Appeal.
15 - GENERAL
15.1 Force Majeure
ZANDAN will not be liable for any delays in performance nor for non-performance due to causes beyond its reasonable control. 15.2 Severability
If any provision of the Terms of Use is held to be unenforceable upon a definite legal provision or a statutory or judicial determination, the remainder of the provisions of the Terms of Use shall remain in full force and effect. 15.3 Waiver
Any waiver by ZANDAN of any breach or any default hereunder does not constitute the waiver of any subsequent breach or default. 15.4 Language
The original version of these Terms of Use has been written in English and you waive any right you may have to have these Terms of Use written in another language. You represent that you have the ability to read and write in English, and have read and understood these Terms of Use. If the Terms of Use are translated into a language other than English, the English version and interpretation shall govern and prevail. 15.5 Copyright / Trademark information
Copyright © Zandan – 2007
Zandan. All rights reserved.
Zandan is a registered trademark of ZANDAN. Other names appearing on the Site may be trademarks of their respective owners. Should you have any question concerning these Terms of Use, or wish to request any information from ZANDAN, please contact us at contact@zandan.com |
