v1.4, du 20 December 2013
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 (intended for the French market)
o PC version : dmo.printer-benchmark.com (intended for all other markets)
- "Visitor": any user visiting the Sites 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(s).
- "Service(s)": services available on the Site(s) excluding any study or training sessions requested specifically by a Subscriber.
- "DMO": the DATAMASTER ONLINE database which collates information on printing equipment and related software.
- “Level”: refers to the Level of access to DMO data, services and tools. Different Levels of access to DMO are allocated to users of the FREE service, and to Subscribers to the various tariffs of the subscription service. These different Levels vary in terms of access to data, tools, page-display quotas and download quotas.
- The “FREE” service refers to the version of the data services and quotas allocated to Subscribers for free.
- The “DEMO” service refers to the temporary upgrade from the FREE service to an increased Level of Service provided to Subscribers to the FREE service for the purpose of evaluating the higher Levels of the DMO Services.
-"Editor": company responsible for daily technical operation of the Site(s) and of 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(s).
Article 2. Purpose
The purpose of these Terms and Conditions is to establish conditions for access and use of the Site(s) 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. Service description – Term and termination
The Site gathers together information of many kinds relating to printing equipment and related Software 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 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 Site Editor reserves the right to terminate the FREE service at any time and without notice.
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 Editor provides alternative means of access to the data for such professionals and if in any doubt a potential Subscriber or Visitor should address themselves to the Editor by writing to email@example.com without agreeing to the present Terms and Conditions.
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.
Article 5. Subscriber account – User Names and 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, by clicking one of the Disconnection buttons.
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 logon credentials, his or her account will be suspended immediately, and 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. The account will remain suspended and will not function until the Editor is satisfied that the situation has been resolved.
Article 6. Right to use 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 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 services 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.
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 domains www.datamaster.fr and www.printer-benchmark.com are 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” or “source: DataMaster, www.printer-benchmark.com, all rights reserved” as appropriate. 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 to the Editor.
The Editor is bound under relevant French and European law.
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. Guarantee
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 or software 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.
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 French 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 French 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 these Terms and Conditions, 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 any other linguistic 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.