Disclaimer
This is an English translation of the General Terms of Use of the Website. The original French version is legally binding and prevails over this translation. You can access the French version here.
Version as of April 19, 2023
IMPORTANT:
IT IS EXPRESSLY AGREED THAT ANY USE OF THE CHIMERE.EU WEBSITE AND ANY ACCESS TO ANY OF ITS CONTENTS, FOR ANY REASON WHATSOEVER, NECESSARILY IMPLIES THE UNRESERVED ACCEPTANCE AND COMPLIANCE, BY THE USER, WITH THESE GENERAL TERMS OF USE. THE USER THEREFORE DECLARES THAT THEY HAVE READ AND UNDERSTOOD THESE GENERAL TERMS OF USE.
IN CASE OF RESERVATIONS OR DISPUTES REGARDING ALL OR PART OF THE PROVISIONS OF THESE GENERAL TERMS OF USE, THE USER ACKNOWLEDGES THAT THEY WILL NO LONGER HAVE THE RIGHT TO ACCESS THE CONTENTS OF THE SITE.
For the purposes of these general terms of use and the use and access to the Site and its content, the following terms have the definitions mentioned below; other terms may also be defined in these general terms of use.
"Site TOU": refers to all the provisions set out herein, intended to define the terms and rules of access and use of the Site, as well as the information contained therein.
"Content": includes, without limitation, the structure of the Site, editorial content, images, illustrations, photos, graphic charters, trademarks, logos, acronyms, company names, audiovisual works, multimedia, visual content, audio content, as well as any other content included in the Site and/or all other elements of which the Site is composed, including content shared by participants during a session.
"Cookie(s)": refers to a text file that may be saved, subject to the User's choices, in a dedicated space on the User's device hard drive, when consulting an online service via their browser. A Cookie file allows its issuer to identify the device in which it is stored, during the validity or storage period of the Cookie.
"Personal Data": refers, in the context of the Cookie policy, to data relating solely to the User at a given time, regardless of the device used.
"Browsing Information" or "Browsing": refers to information relating to the connection of a device to an electronic communication service at a given time. The Company (and/or authorized service providers and agents) may process Browsing Information, even if it does not necessarily know which device the User is using, nor who the User is at a given time.
This Browsing Information concerns, in particular:
"Services": refers to the services offered by the Company.
"Site": refers to the website accessible at chimere.eu from which the Company promotes and informs Users about the Services.
"Company": refers to CHIMERE, a simplified joint-stock company with a capital of €4,000.00, whose registered office is located at 16, rue Henri Fiocca, 13001 Marseille, registered with the Marseille Trade and Companies Register under the unique identification number 921 272 217.
"Device(s)": refers to the hardware equipment (computer, tablet, smartphone, phone, etc.) that the User uses to consult or display a site, an application, advertising content, etc.
"User(s)": refers to the Client as well as any user of the Site, whether a natural or legal person, for private and/or professional use according to the terms of these Site TOU.
These Site TOU govern the terms of access and use of the Site by any User.
The Site TOU are written in French in their original version, which alone is authentic and prevails over any other version in case of contradiction or for interpretation purposes.
The purpose of the Site is to promote and inform Users about the Services provided by the Company, by providing information about all the Company's activities.
These Site TOU do not constitute a binding agreement, commitment, or recognition of contractual relations concerning the Services between the Company and the User.
The actual Services may be subscribed to by the User, from the Company, under the applicable general terms of service of the Company, accessible at: chimere.eu/fr/legal/
The Site is accessible online via the internet. To do so, the User must have a device for accessing internet content and internet access. The User is solely responsible for having such access and for the associated costs, which will be billed directly to the User by the relevant operators.
Consequently, the Company cannot be held responsible for any damage that may be suffered during a visit to the Site, by the User's technical environment, including their computers, software, network equipment, and any other material used to access or use the service and/or information.
Similarly, the Company cannot be held responsible in case of interruption of access networks to the Site, total or partial unavailability of the Site resulting in particular from the telecommunications operator, transmission errors or problems related to the security of transmissions, failures of the User's receiving equipment or telephone line.
To use the Site, the User, if a natural person, must be at least 18 years old (or the legal age of majority in their country of residence), and be legally capable of contracting and using this Site in accordance with these Site TOU, for their own account as a professional, or on behalf of a legal entity.
The Company reserves the right to modify, correct, or delete content or temporarily interrupt the Site, particularly for maintenance purposes, at any time and without notice, and without compensation.
In the context of using the Site, the User undertakes to comply with the laws and regulations in force, to respect the rights of third parties, and the provisions of these Site TOU.
Each User is obliged to:
The Company reserves the right, at any time and at its sole discretion, to suspend or delete access to the Site for one or more Users and to take any measures against them, if the Company considers that such User(s) do not comply with the Site TOU.
Sites with a hyperlink to the Site are not under the control of the Company; therefore, the Company declines all responsibility (including editorial) regarding these sites. To understand the practices of these third-party sites, the User is invited to consult their general terms and privacy policies.
The Site contains links to other sites. These websites are published and managed by third parties, and since the Company has no control over the content published on these sites, the User is prohibited from taking any legal action regarding the content of these sites or their use against the Company. Furthermore, the existence of a link between the Site and a third-party site does not mean that the Company approves the content of this website and, in particular, the use that may be made of it. These links are provided to Users to facilitate their navigation.
Access to the Site grants Users a personal and non-exclusive right to use the Site and its contents. All elements present on the Site and the Site itself are protected by copyright, trademark law, design and model law, and/or any other intellectual property right.
Elements include, but are not limited to: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, models, software, etc.
These elements belong to the Company or are used with the permission of their owners.
Except for consulting or accessing the Site and/or Content, no other right (license, title, other) is granted to the User in relation to the Company's intellectual property rights, unless otherwise agreed, such as in the context of accepting the Company's general terms of service.
Any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, partial or total, by any process and on any medium whatsoever (paper, digital, etc.) is prohibited without the prior written authorization of the Company, under penalty of constituting an offense of copyright and/or design and model and/or trademark infringement.
Users acknowledge that, in the context of their use of the Site, they may access certain information and documents concerning the Company's activities, projects, technologies, know-how, and/or products.
This confidential information and documents ("Confidential Information") are of considerable value to the Company; this value would be threatened if their content were disclosed to third parties, especially to the Company's competitors.
Users undertake to: (i) not use, in any way, for their own account and interest or for the account and interest of a third party, said Confidential Information, except with the express prior agreement of the Company; (ii) protect the confidentiality of said information with the same diligence as for their own confidential information; and (iii) ensure that this confidentiality obligation is respected by all their employees, collaborators, and any subcontractors.
These obligations of use and non-disclosure do not apply to information:
This obligation will remain in effect for three (3) years after the first connection to the Site, unless such information becomes public otherwise than by the User in violation of this confidentiality obligation.
The Company applies the obligations of the amended law 78-17 of January 6, 1978 relating to data processing, files, and freedoms, the provisions of EU Regulation 2016/679 of May 25, 2018 on data protection (the "GDPR"), as well as the ethical principles arising therefrom regarding the personal information that the User may communicate in the context of browsing the Site.
The privacy policy, available at the following address, details the terms applicable to the collection and processing of Users' personal data on the Site: chimere.eu/fr/legal/
When consulting the Site, technical data that may be recorded, for access or use of the Site, are the User's Internet Protocol (IP) address and information relating to the configuration (type of machine, browser, etc.) and browsing (date, time, pages viewed, occurrence of errors, etc.) of the User.
This information may be stored, via your browser software, in short text files (cookies), subject to Users' choices, in a dedicated space on the Company's disk and/or its partners process this technical data completely anonymously, not linking it to any information that could identify the user, and do not transmit it to third parties.
Each cookie is assigned an anonymous identifier. The cookie file allows its issuer to identify the device in which it is stored during the validity or storage period of the relevant cookie.
Cookies, depending on their category, are used where applicable for the following purposes:
Technically essential cookies
A first category of cookies are those strictly necessary for the use of the Site. They are essential for browsing the Site and using all its features (support for the user's operating system, display, etc.). They allow certain features and the presentation of the Site to be adapted to the Users' browser and hardware. These are essentially technical cookies that do not identify the User as an individual.
Audience measurement cookies
Another category of cookies concerns those that allow performance measurement. These cookies are used to establish statistics and usage volumes for the various Services of the Site. Their purpose is to enable the Company to improve User comfort. These cookies do not identify the User as an individual.
Where applicable, these first two categories of cookies are used only for the purpose of establishing usage statistics, preventing errors, preventing attacks and counterfeiting of the Site, or improving access or use conditions of the Site.
Functionality cookies
A third category of cookies concerns functionality. They simplify User navigation. For example, they allow certain User choices to be saved (language, User name, country, information relating to a previously entered form, etc.).
The Company does not manage its partners' cookies and has no control over these cookies.
The User may, at any time, set and modify their cookie preferences via the cookie manager at the following address: chimere.eu/fr/legal/.
The storage of a Cookie on a Device is essentially subject to the will of the User of the Device, which they can express and modify at any time and free of charge through the choices offered by their browser software or by the cookie manager accessible at the following address: chimere.eu/fr/legal/.
If the User has accepted in their browser software the storage of Cookies on their Device, the Cookies integrated into the pages and content they have consulted may be temporarily stored in a dedicated space on the relevant Device. They will only be readable by their issuer.
The validity period of consent to the deposit of Cookies is six (6) months. At the end of this period, the user's consent is collected again.
If the User refuses the storage of Cookies, or if the User deletes those stored on their Device, they will no longer be able to benefit from certain features that are nevertheless necessary to browse certain areas of the Site.
This would be the case if the User tried to access content or Services that require the User to identify themselves.
This would be the case when the Company—or its service providers—could not recognize, for technical compatibility purposes, the type of browser used by the User's Device, its language and display settings, or the country from which the relevant Device appears to be connected to the Internet. Where applicable, the Company declines all responsibility for the consequences related to the degraded functioning of its Services resulting from its inability to store or consult the Cookies necessary for their operation and that the User has refused or deleted.
Cookie management settings depend on the User's browser.
For information, the User can oppose the storage of Cookies by configuring their browser as follows:
For Internet Explorer:
Go to Tools > Internet Options.
Click on the Privacy tab.
Click the Advanced button, check the "Override automatic cookie handling" box.
Learn more: http://windows.microsoft.com/fr-FR/windows7/Block-enable-or-allow-cookies.
For Firefox:
At the top of the Firefox window, click the Firefox button (Tools menu under Windows XP), then select Options.
Select the Privacy panel.
Set Retention Rules: to use custom settings for history.
Uncheck Accept cookies.
Learn more: http://support.mozilla.org/fr/kb/activer-desactiver-cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies
For Chrome:
Click the wrench icon located in the browser toolbar.
Select Settings.
Click Show advanced settings.
In the "Privacy" section, click the Content settings button.
In the "cookies" section, you can block cookies and third-party site data
Learn more: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
For Safari:
Go to Settings > Preferences
Click on the Privacy tab
In the "Block cookies" area, check the "always" box
Learn more: http://support.apple.com/kb/HT1677?viewlocale=fr_FR
For Opera:
Go to Settings > Preferences
Click on the advanced tab
In the "cookies" area, check the "Never accept cookies" box
Learn more: http://help.opera.com/Windows/10.20/fr/cookies.html
Users access and use the Site and Content at their own risk.
The Site and Content are provided "as is" and "as available" without any warranty from the Company.
It is up to Users to take all appropriate measures to protect their personal data and/or software stored on their computer equipment or telephone device against any harm.
Each User declares that they have acknowledged and accepted the characteristics and limitations of the Internet, and in particular the functional characteristics and technical performance of the Internet; problems related to connection and/or access to the Internet and/or websites; problems related to the availability and congestion of the network; problems related to failure or saturation of the network; problems related to transit time, access to information posted online, response time required to display, consult, make a request, or transfer data in any other way; risks of interruption; lack of protection of certain data against possible misappropriation or hacking; risks of possible contamination by viruses circulating in the aforementioned networks, etc., for which the Company cannot be held responsible.
The Company undertakes to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, which it reserves the right to correct, at any time and without notice, the Content.
The Company's liability cannot be engaged:
In case of interruption, loss, delay, or error during data transmission, which are beyond the Company's control; In case of sending messages and/or data to an incorrect or incomplete address; If the Company does not receive data, for any reason whatsoever, or if the data it receives is unreadable or impossible to process; If the User, for any reason whatsoever, cannot access or use the Site and/or Content; In case of interruption of the connection for any reason whatsoever. Furthermore, the Company declines all responsibility for misuse of the Device and/or in case of incident related to the use of the Device when using the Site.
The Company can in no case be held responsible for any direct or indirect damage of any kind resulting from any use of the Site by Users.
The Company can in no case be held responsible for any damage of any kind caused to Users, their devices, computer or telephone equipment, or any data that may have been saved there, nor for their consequences that may affect the personal, professional, or commercial activity of Users.
The Company will in no case be responsible for malfunctions attributable to software, whether or not integrated or provided with the Site.
These Site TOU are concluded for an indefinite period from the first access to the Site and for as long as they remain applicable under the conditions specified in Article 12 below.
The Company reserves the right to modify at any time, in whole or in part, the terms of these Site TOU without notice or prior information to Users in order to adapt them to changes in Services, technological, legislative, and case law developments, or when new Services are implemented.
The revised Site TOU bearing the modifications will be posted online. They will be deemed fully accepted by all Users who access the Site after their publication. The Company therefore invites all Users to consult the Site TOU periodically.
All new Services incorporating new technologies or new features improving the quality of existing Services will be subject to these Site TOU, unless expressly stated otherwise.
Continued use of the Site by the User thus informed, after the date of publication of the modified Site TOU, will be deemed to have been made in consent to the new version of the Site TOU.
The Company offers no guarantee as to the uninterrupted operation and/or continuity of the Site in the event of force majeure or fortuitous events as defined by the regulations in force, and by the case law of the French courts.
If any provision of these Site TOU is declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten, but will not affect the validity of the other clauses, which will remain fully applicable.
The parties will negotiate in good faith a replacement clause to achieve practically the same result.
No act of tolerance by either Party towards the other may be interpreted as a waiver to invoke all the rights granted to it by these Site TOU.
These Site TOU are governed by French law.
In the event that a dispute arises from this contractual relationship, and subject to mandatory provisions applicable to jurisdiction, the courts within the jurisdiction of the Paris Court of Appeal will have sole jurisdiction to hear any dispute relating to these Site TOU.