Terms and Conditions for the use
of the DataMaster Online service 
 

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Article 1. Definitions

- "Site": means any kind of website which provides access to the Internet DMO Service provided by the Editor, such as, but not only :
            o PC version : online.datamaster.fr
            o iPhone version : iphone.datamaster.fr
- "Visitor": any user visiting the Site with or without a temporary access to the Service for testing purposes only.
-"Subscriber": means any person registered to access the Services of the Site.
- "Service(s)": services available on the site excluding any study or training sessions requested specifically by a Subscriber.
- "DMO": the DATAMASTER ONLINE database which collates information on printing solutions.
-"Editor": company responsible for daily technical operation of the Site and DMO.
-"Partner": any person with whom the Editor has entered into a partnership agreement in any form whatsoever.
-"Advertiser": person or a legal entity advertising on the Site. 

 

Article 2. Purpose

The purpose of these Terms and Conditions is to establish conditions for access and use of the Site for Visitors, along with the conditions for subscription and use for Subscribers.  These Terms and Conditions are supplemented by the specific conditions and the Legal Notice which states in particular the identity of the Editor.

 

Article 3. Services'description – Term and termination

The Site gathers together information of any kind relating to printing solutions.  This information is collated, indexed and continually enriched in the DMO database.  The Site provides tools allowing the Subscriber to search within DMO and use the value-added data.

The precise content of Services included in the subscription may be found here : http://www.datamaster.fr/datamaster-online.php.

The Site Editor does not guarantee the preservation of these Services over time; they are subject to change according to improvements made to the Site.  Wherever possible, the Visitor and Subscriber will be informed of these developments.

The subscription applies for a term of one to three years (depending on the Subscriber contract).  At the end of the term the term is automatically renewed for one year, extendable under the same conditions.  The Subscriber may terminate the Service upon condition of giving three (3) months’ notice prior to the expiry of the subscription, in the form of a registered letter with acknowledgment of receipt.

 

 

Article 4. Conditions of access – Cost of services

By accessing the Site, the Visitor acknowledges having read, understood and accepted these Terms and Conditions.

By registering, the Subscriber reiterates his agreement to adhere to these Terms and Conditions.

The Subscriber or the Visitor with test access to DMO solemnly declares to be a professional in the production or resale of printing solutions. 

The Subscription includes all of the Services detailed in the Subscriber’s contract.  The subscription is payable in advance.  Tariffs are available upon request.

Any late payment shall bear interest at the prevailing interest rate in France plus five percentage points, without any prior notice.

Subscription runs to its term without the possibility of early termination.  The non-use of one or several Services during the contract period does not entitle the Subscriber to a refund.

In case of change in financial or access policy, these Terms and Conditions will be reviewed.  The Visitor shall regularly refer to the Terms and Conditions and keep abreast of any changes.

For the Subscriber, any change in these Terms and Conditions will be notified by mail.  Should the Subscriber wish to discontinue the relationship, he may terminate it on the conditions stated in Article 3 above, “Term and Termination.”  If the Subscriber does not decide to terminate the contract, the modified Terms and Conditions will apply as the subscription is automatically renewed.

 

Article 5. Subscriber account - IDs & Passwords

As part of the subscription to the Service, the Editor assigns to the Subscriber a username and a personal password.  At the end of each session, the Subscriber must ensure that he leaves his account properly.

The Subscriber is responsible for maintaining the confidentiality of the password and the username and is responsible for any act involving the use of his / her login and password.  If the Subscriber loses his password or realizes it has been stolen, or when this password is used by an unauthorized party, the Subscriber must immediately contact the Editor.

If the Subscriber permits, intentionally or otherwise, a third party to connect using his credentials, the Subscriber will be due for the amount of the additional subscription for the period of that unauthorized use, along with any other compensation which may be due.

 

Article 6. Right of use of DMO
 

The Visitor with a provisional access to the Services for testing purposes as well as the Subscriber must comply with these Terms and Conditions.  The Visitor and the Subscriber are informed that DMO is protected by both copyright law and the special legal provisions on databases.

6.1 Non-exclusive end-user licence

The Editor grants the Subscriber and the Visitor with test access a non-exclusive and non transferable right to use the DMO database for the entire duration of the subscription. 

The Subscriber has a limited right to use the DMO database for his internal needs, in order to access, consult, extract, or re-use an insubstantial part of the content.  Consequently, the Subscriber has no right to reproduce, adapt, translate, or represent the data outside the limits strictly defined herein. 

The Subscriber may transmit to his own customers extracts from the database only when the DataClic, DataTech Services or any other service allowing this form part of the subscription.  Any other document resulting from any other service, part of the Site or means of extraction may not be disclosed to third parties. 

The Subscriber is prohibited from extracting, storing, reproducing, representing or retaining, directly or indirectly in any medium by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial content of the DMO database. 

The Subscriber is not permitted to:

- Rent, sell, lease, loan, distribute, sell, transfer, license, sublicense or otherwise share the DMO database;

- Use the database in order to create directly or indirectly a new database;

- Manipulate and/or use the database in a way that could directly or indirectly compete with that of the Editor;

- Transfer data to another database;

- Reuse the data on behalf of a third party;

- Supplement and/or introduce, or remove and/or alter data in the database;

- Modify and/or create a derivative work of the DMO database without the prior written consent of the Editor. 

6.2 Data extraction

The Subscriber is authorized to extract and use the data contained in the database within the limits specified above and hereunder. 

However, in accordance with the provisions of the articles L.342-1 and L.342-3 of the French Intellectual Property Code, this extraction can be applied only to qualitatively or quantitatively non-substantial parts of the DMO database. 

Technically, the Editor restricts access to DMO to a reasonable number of requests and volume of data consistent with the occupation and/or activity of the Subscriber.  If the Subscriber makes a clearly excessive number of requests and/or extractions, the Editor reserves the right to suspend or terminate access to the Services.

6.3 Audit

The Editor reserves the right to verify through any means that the database or data are used pursuant to these Terms and Conditions and are not reproduced without permission. 

 

Article 7. Distinctive elements of the Site - Intellectual Property
 

The term "DataMaster" is registered as a trademark.  The domain www.datamaster.fr is protected.  These materials may not be used without the express permission of their owner.  The same applies to distinctive materials belonging to Partners. 

The Visitor or Subscriber acknowledges that any kind of content, including but not limited to, text, software, music, sound, photographs, graphics or video within this Site are protected by copyright, trademark law or any other rights and laws relating to intellectual property.  The Visitor or Subscriber acknowledges that he or she is authorized to use these elements and information only to the extent expressly set out in these Terms and Conditions. 

In addition, any Visitor or Subscriber may not:

- Extract to another medium by permanent or temporary transfer any qualitatively or quantitatively substantial content of the Site by any means or in any form whatsoever;

- Reuse the whole or a qualitatively or quantitatively substantial of the content of the Site by making it available to the public. 

The Visitor or Subscriber is authorized to establish hypertext links from another website to pages of the Site specifying the source. 

Under the right of quotation, the Visitor or Subscriber is authorized to reproduce in any other medium a short excerpt from a webpage so long as the  origin of the information is given as follows: "source DataMaster, www.datamaster.fr, all rights reserved”.  The right to quote does not apply to the content of DMO. 

Any other reproduction is prohibited without the express permission of the Editor.
 

 

Article 8. Notifications
 

The Site compiles data.  Any content that may be disputable may be reported as follows. 

• Notification required under Article 6I7 of the French Act of June 21, 2004:

Pursuant to article 6I7 of the Act on Confidence in the Digital Economy of June 21, 2004 (2004-575), the Visitor and/or Subscriber shall notify the Editor of any message advocating crimes against humanity, inciting racial hatred, relating to child pornography, inciting violence or undermining human dignity. 

• Content likely to be illegal:

Visitors and/or Subscribers who think that the content on the Site or in DMO may be incorrect or illegal, for example abusive or defamatory are invited to submit a notification. 

The notification should take the form of an email sent to the Site from the contact page of the Site, or by registered letter with acknowledgment of receipt.  In this notification, the Visitor shall include his or her full name (or for a corporation, the  name and number of incorporation), address and description of the facts at issue. 

The notification must include a description of the facts and the exact location on the Site, the reasons for which the content must be removed, including the reference of the legal facts and evidence.  Wherever possible, the Visitor must forward to the Editor a copy of correspondence addressed to the author or publisher of the disputed information or activities requiring the interruption, withdrawal or amendment of content, or documentary evidence that the author or the publisher could not be contacted. 

The attention of the notifying Subscriber and/or Visitor is drawn to the fact that inaccurate reporting may expose them to criminal sanctions and agrees to indemnify the Site for any consequences of a notification abuse. 

The Editor of the Site is committed to respond promptly to any notification by a Subscriber and/or Visitor in the correct form and when  a prima facie case is made. 

The Site will protect the anonymity of the author in question, while reserving the right to initiate appropriate measures against him, starting with the exclusion from the Site of the said Subscriber.

 

 

Article 9. Termination for breach of contract
 

Any Visitor or Subscriber breaching the Terms and Conditions or duly reported to have done so, will be excluded from the Site at any time and without prior notice, any contractual relationship being then terminated.

 

Article 10. Garantee
 

Site Services are provided without warranty of any kind, either express or implied, relating in particular to ownership rights over the database or the content of DMO, to the merchantability or fitness for specific use of the DMO database.  The Subscriber is solely responsible for determining the appropriateness of using the DMO database.  Accordingly, he takes all risks associated with the exercise of his rights granted under these Terms and Conditions, including without limitation the risks and costs of program errors, compliance with applicable laws, damage and data loss, programs, equipment and unavailability of Services. 
 

 

Article 11. Liability
 

Most of the time, the Editor is a mere technical intermediary and a publisher within the meaning of French law. 

 

11.1 Access and operation of the Site

The Site is based on technologies developed by others.  The Site is committed to implement all necessary means to ensure continued access to the Site and DMO database.  However, to ensure the technical maintenance of the Site, access may be interrupted occasionally.  Whenever possible, the Site will seek to notify Subscribers and Visitors. 

The Site assumes no liability for any damage that may result from the unavailability of the Site or a problem connecting to the Website and/or DMO. 

Furthermore, the Editor takes no responsibility for any loss of profit, goodwill, data or information stored, and this list is not exhaustive.  This applies to professional or personal use of the Service. 

 

11.2 Information and content published on the Site

THE INFORMATION PROVIDED ON THIS SITE IS PURELY INFORMATIONAL AND NOT BINDING. 

The results of the tests made by the Editor and published on the Website may vary depending on hardware and software.  These tests cannot be used as reference for the conclusion of a contract. 

The Editor does not offer any support to the Subscriber in the conclusion of a sale, nor a helpline on the use and/or maintenance of a particular printing solution. 

The possible presence of an Advertiser on the Site does not mean that the offers or products are recommended by the Site. 

The authors of the Site cannot be held responsible for any dissatisfaction related to the information published online.  Similarly, the responsibility of this Site cannot be sought in case of error resulting from a tool or Service available to the Subscribers or to Visitors with test access. 

THE EDITOR SHALL ONLY BE LIABLE IF THE DAMAGE INCURRED CAN BE PROVED TO HAVE RESULTED FROM THE EDITOR'S ACTIONS.

Irrespective of damage incurred, the financial liability of the Editor, present or future, for any of damages cannot exceed € 150 (Euros).

 

11.3 Information and content posted by Advertisers and Partners

The information and advertisements on the Site are the sole responsibility of the Advertisers and Partners. 

The Site cannot be held liable for false statements made by an Advertiser or a Partner. 

THE EDITOR SHALL ONLY BE LIABLE IF THE DAMAGE INCURRED CAN BE PROVED TO HAVE RESULTED FROM THE EDITOR'S ACTIONS.

THE EDITOR IS NOT RESPONSIBLE FOR THE VIOLATION BY AN ADVERTISER OR PARTNER OF THESE TERMS AND CONDITIONS. 

Irrespective of damage incurred, the financial liability of the Editor, present or future, for any of damages, cannot exceed €150 (Euros).

 

11.4 Loss or misuse of passwords/username

The Editor shall not be liable for any loss or damage that may result from the loss or fraudulent use of passwords, login.

 

Article 12. Lapsed claims
 

Any claim for liability against the Editor lapses one (1) year after the event having generated the claim for damages.

 

 

Article 13. Personal data protection
 

Pursuant to Act No. 78-17 of 6 January 1978 on personal data protection, the Site and treatment of personal data relating thereto has been declared to the national data protection office, the CNIL. 

Any personal data relating to the Visitor and/or the Subscriber is collected directly on the Site.  The Visitor or Subscriber has a right to oppose, access, modify and delete personal data concerning him, except for IP addresses in accordance with existing regulations on the conservation of such data.  To exercise his rights, the Visitor or Subscriber must simply send an email to the Site via the contact page of the Site. 

By registering, the Subscriber gives permission to the transfer of data to any other partner located in the European Union or in any other state recognized as safe by a European data protection office.

 

Article 14. Application – Severability - Interpretation
 

The Terms and Conditions herein are binding by law and in contract both on the Editor and/or the Visitor and/or the Subscriber.

Should the Editor choose, at any point in time, not to exercise a prerogative defined in the Terms and Conditions of Sale hereunder, this should in no circumstance be construed, expressly or otherwise, as a waiver of the right to exercise that prerogative at some later date. 

Should any provision of this agreement be declared invalid, this will in no way affect the validity of the whole agreement or of another clause.

Should any contradiction become apparent between these Terms and Conditions and the legal notice, these Terms and Conditions shall prevail.

 
 

Article 15. Law – Language – Jurisdiction 
 

These Terms and Conditions and any document relating to them are governed by French Law. 

Should there be a contradiction or a difficulty of interpretation between the French and the English version of the Terms and Conditions, the French version shall prevail.

In the event of litigation arising from the interpretation or performance of the agreement, the courts of RENNES (France) shall have exclusive jurisdiction.