GENERAL TERMS AND CONDITIONS OF USE
SALIENCE a simplified joint stock company (SAS) with a share capital of €33,300.00 registered in the Trade and Corporate Register of TROYES under number 531258291, located at Technopole de l'Aube - 2 rue Gustave Eiffel, 10430 ROSIÈRES-PRÈS-TROYES, with the intracommunity VAT number FR89531258291, represented by its Chairman duly authorized for the purposes hereof.
Hereinafter referred to as “SALIENCE”
Any visitor to the Site,
Hereinafter referred to as the "User",
Hereinafter individually referred to as “Party”, or together as the “Parties”.
The use of the Site published by the SALIENCE Company implies the visitor’s acceptance without reservation of all the General Terms and Conditions of Use as well as any person wishing to benefit from the Products and Services provided by the Site.
ARTICLE 1 - LEGAL IDENTIFICATION
The Site is edited by SALIENCE a simplified joint stock company (SAS) with a share capital of €33,300.00 registered in the Trade and Corporate Register of TROYES under number 531258291, located at Technopole de l'Aube - 2 rue Gustave Eiffel, 10430 ROSIÈRES-PRÈS-TROYES, with the intracommunity VAT number FR89531258291, represented by its Chairman duly authorized for the purposes hereof.
ARTICLE 2 - PERSONAL DATA POLICY
Pursuant to the Law of January 6th 1978, collection and computer processing of Data that might be carried out by the Site have been declared to the Commission Nationale de l'Informatique et des Libertés (National Information Storage and Freedom Commission, CNIL: www.cnil.fr) under the number 1652043v0. Every person can access to these information by writing to the CNIL, at 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to firstname.lastname@example.org.
The functioning of this Site may involve the collection of a certain amount of personal Data from the internet user (Users, Clients). The main purpose of such collection is the proper display of the Site on the User’s screen and the establishment of general activity statistics. These Data may also be used in order to send to Users the FEATUREMAP Newsletter. The collection of certain personal Data may be made by the use of "cookie" files stored by the server hosting the Site on the visitor's hard drive to facilitate navigation on the Site or for constituting statistical Data concerning general Site activity. Although they do not allow direct identification of the User, they are processed by the CNIL as personal Data.
Data thus collected is neither sent nor sold to any Third Party except in the very unlikely case that they should be communicated to the judicial authorities by Court order. No sensitive Data relative to payment by credit card are retained by SALIENCE.
Moreover, SALIENCE shall not transfer any personal Data that may be collected on the Site, to non-member States of the European Union, which does not present a level of protection equivalent to the protection in force within the European Union. In the unlikely event that such a transfer would be required and foreseen, SALIENCE shall undertake to sign an agreement prior thereto with the entity receiving the Data, whereby the latter would undertake to provide Data protection in accordance with Directive 95/46/EC of October 24th 1995, transposed into French law by Act of July 15th 2004, and to communicate this agreement to the CNIL.
Users to the Site have the option of refusing the registration of any such cookies by selecting the corresponding option in the browser's toolbar. The User is requested to carry out this step if he/she so wishes. In said event, the ease of navigation, loading of web pages, and the implementation of certain applications may be altered.
Pursuant to Article 39 of the Law No. 78-17 of January 6th 1978 relating to data, files and freedoms, as amended by Act No. 2004-801 of August 6th 2004 (Article 5), all Users have a right to access, modify, rectify, and delete data that may concern her/him. When necessary, said rights may be exercised with SALIENCE: by letter to SALIENCE Technopole de l'Aube - 2 rue Gustave Eiffel, 10430 ROSIÈRES-PRÈS-TROYES, or by using the following email address: email@example.com. Requests are processed within a minimum period of one (1) month and shall not exceed six (6) months.
ARTICLE 3 - DEFINITIONS
The terms and expressions, beginning with a capital letter, in the General Terms and Conditions of Sales (herein after referred as the “GTCS”), have the meaning indicated below, whether used in the singular or in the plural:
“Client”: means any User who opens a Client’s Account on the Site and is registered on it for the purpose of subscribing to one or more Services or Products provided by SALIENCE.
**“Client’s Account”: means the Client’s personal account which allows her/him to use the Products and Services available without payment and to order and pay her/his Order.
“Client’s Data”: means any Client’s Personal Data collected by SALIENCE when the Client creates his Client’s Account.
“Data”: means any files and information of all kinds (texts, images, sounds, videos, etc...) filled in the User’s Account, under the User’s liability, and on the servers managed by SALIENCE.
“General Terms and Conditions of Sales”: mean all terms and conditions by which SALIENCE provides the Client with its Products and Services downloadable online or not thanks to the Site interface (hereinafter referred as the “GTCS”).
“Personal Data – Data”: mean the Data which directly or indirectly allows the designation or the identification of a natural person, within the meaning of the Act No. 78-17 of January 6th 1978 relating to data, files and freedoms (as amended by the Decree of November 4th 1991 and the Law No. 2004-801 of August 6th 2004 transposing the Directive No. 95/46 EEC)
“Products”: mean all products provided by SALIENCE to the Client in SAAS mode, and which expressly includes the Solution and the content management.
“Regulations”: mean all statutes, laws, regulations, norms, code of conduct, mandatory or not.
“Services”: mean all paid and free of charge services provided by SALIENCE to the Client through its Products and Site.
“Specific Terms and Conditions”: mean all the commercial terms and conditions under which SALIENCE effectively provides the Client with its Products and Services in the framework of an Order Confirmation accepted by the Client upon her/his subscription to the Services (hereinafter referred as the “STC”). By express agreement, all these elements are integrated to these GTCS and they form with them an integrated whole.
“Solution”: means the story mapping solution “FEATUREMAP” developed and edited by SALIENCE.
“Trademarks”: mean the following trademarks: - French word mark “SALIENCE” registered on June 12th 2009 at the INPI under the number 3621359 for products and services in Classes 9, 35 and 42, and owned by Tristan THEVENIN and Samuel LIANG; - French word mark “FEAUTUREMAP” registered on May 17th 2013 at the INPI under the number 3977616 for products and services in Classes 9, 41 and 42, and owned by SALIENCE;
“Site”: means the website located at the URL https://www.featuremap.co, as well as the sub-sites, mirror sites, portal and web addresses related thereto, to which the User shall login in order to use the Services. By express agreement, the Site incorporated by reference the following websites (non-exhaustive list - http://www.salience.fr
“User”: means any visitor to the Site.
ARTICLE 4 - GENERAL PRINCIPLES
These General Terms and Conditions of Use (hereinafter referred to as “GTCU”) are expressly approved and accepted by any User who acknowledges that she/he read and understood these GTCU.
In any case, the registration of the User on the Site and/or any beginning in using the Services provided by the Site, submit the User to the GTCU.
The User is therefore deemed to accept the application of all rules stipulated herein, as well as those that would be present in any document available on the Site, incorporated herein by reference to GTCU and governing the relationship with third and publisher, especially the GTCS and the STC if applicable.
4.2. Convention of proof
The User acknowledges that he has read the legal notice contained on the Site prior to registering for the Services.
The User acknowledges that records and safeguards (including any data connection) from the Site (hereinafter the "Electronic Document") will be full proof between the User and SALIENCE. Thus, Electronic Documents (including date and time) are valid between the parties to any dispute.
The User acknowledges therefore in its contractual relations with SALIENCE, validity and probative email. Similarly, statements orders, amounts paid by the customer, assets, returns, late payment penalties, and others, and their reproductions on microfilm, optical or magnetic disks, preserved by SALIENCE, are binding on the User as evidence.
SALIENCE reserves the right to modify the present GTCU as necessary, according to the technical evolution of the Site, the diffusion models available, and changes in the legislation at its sole discretion.
The use of the Site and Services provided by SALIENCE is always subject to the most recent version of the GTCU posted on the Site and available to the User at the time of use. It is the User’s liability to consult the GTCU, available in both the public portion of the Site and the area reserved for each User, as often as required.
When using the Site and upon provision of Products and Services, the User may be subject to guidelines or rules posted on the Site and applicable to the Products or Services, which may contain terms and conditions that are in addition to the present GTCU.
SALIENCE has the right to refuse future access to the services provided on the Site to User who violates the present General Terms and Conditions of Service; to deny said latter access to any affiliated site for which SALIENCE is responsible; or to close any account for access to one of its sites without prejudice to compensation that may be due to SALIENCE.
ARTICLE 5 - GENERAL DESCRIPTION OF THE SERVICES
5.1. General information
The SALIENCE Company is an innovative company specialized in the development, design and distribution of all products and services of product management and engineering solutions.
It is in this context that SALIENCE has developed a set of smart tools for various areas of application:
Organization consulting in research and development:
- Implementation of PMO competence centers
- Management of product and QA Excellence centers and Factory Test
- Steering and governance of IT program
- Transition towards a controlled Agile organization
- Outsourcing of activities (near-shore, offshore et crowdsourcing)
Quality, consulting and operational excellence
- Management of project quality (steering and governance, quality, project quality strategy, product test strategy)
- Implementation of an appropriate set of tools (dashboard, KPI management, etc.)
- Definition of a quality process
- Audit of the quality processes (Cmmi, Tmmi, etc.)
- Audit of software engineering process and improvement proposals
- Methodological and project tooling consulting
- Transition in a controlled Agile project
- Optimization of innovating processes, requirements managing and tests
- Methodology of agile conception
- Implementation of support design tools
- Innovation product strategy
- Requirements engineering
Further information on the Products and Services provided by SALIENCE is available here.
5.2. General description of the Solution
The Solution is one of the management and engineering tools created by SALIENCE.
The Solution is a story mapping inspired solution developed and edited by SALIENCE which allows any Client to manage her/his projects by: - Organise a project/an idea thanks to the creation of a map in FEATUREMAP; - Listing her/his ideas and tasks in this map; - Executing and organizing this project/this idea with a global and/or detailed vision and without any modification of the Premium Client’s methodology. - Collaborate in real-time with people who have previously signed up in the Solution and/or have been invited to signup in the Solution
Further information on the Solution provided by SALIENCE is available here.
ARTICLE 6 - REGISTRATION – CLIENT’S ACCOUNT
User shall connect to the Site via an internet connection. SALIENCE does not make available to the User any equipment, telephone installation, terminal equipment, consumable or other items, or any software. The User acknowledges that she/he alone answers for the installation, maintenance and control of the technical configuration that is required for connection to the Site.
Regardless of the mode of connection, the costs of connection and data transmission from the User’s station to the Site’s server are to be covered by the User, including any amounts, fees, registrations, taxes or other items that might be requested by providers of access to the telecommunications networks linking the User to the Site.
Registration on the Site in order to use and/or to subscribe to any of the Services and Products provided by SALIENCE, is carried out online on the Site thanks to the user identification and registration process.
The User shall undertake to fill in, in good faith, all mandatory fields contained in the registration form.
Indeed, the User shall indicate her/his:
- Email address and email address confirmation
SALIENCE reserves the right to refuse an application for registration to the Site by any User who not complies with these GTCU, the GTCS or the STC if applicable, or who does not fully, or in good faith, provide information on the registration forms.
At the time of registration, the User certifies:
For any natural person:
- That she/he is an adult,
- That she/he can freely give his/her consent.
For representatives of legal entities:
- That it is legally authorized to bind the legal entity,
- That it is not subject to reorganization or liquidation.
6.3. Client’s Account
Clients are able to access a personal Client’s Account by activating the connection parameters (email or username and password chosen by them at the time of registration). The identification Data enabling access to their Accounts are not sent as a reminder to Clients via email, but Clients can reset a new password.
It is the Client responsibility to check the validity of the email address entered on the registration form because this email address is a mean of identifying to its Client’s Account. In the event where the email address is incorrect, it is possible that the Client will not be able to access its account and personal space and SALIENCE cannot be, in any way, liable.
SALIENCE reserves the right to delete the account of any user who contravenes FEATUREMAP'S GTCU and/or GTCS and/or STC, particularly when the Client provides deceptive or fraudulent information, or when a Client’s Account has been inactive for at least a year. Said deletion does not constitute an offence on the part of SALIENCE or an injury for the evicted Client, and the latter cannot claim any indemnification in that regard.
Finally, it is the responsibility of each Client to regularly change the code which was personally chosen at the time of registration and to ensure that this code is made up of letters, numbers and is long enough.
6.3.2. Connection settings
Each Client is obligated to keep confidential her/his connection settings (username and password) which the Client enters in the registration form. The Client is responsible for all uses, whether or not expressly authorized. The Client has no right to transfer, lend or assign her/his connection settings to any Third Party or allow any Third Party to connect to her/his Account.
The Client shall further undertake to:
- Immediately notify SALIENCE in the event of misuse of her/his connection settings or Account or in the event of any other breach of security,
- Make sure to be properly disconnected from her/his Account at the end of each session using the "Logout" feature.
6.3.3. Client Account's content
SALIENCE has no right to ownership of data, information or documents that the Client submits to the Product or Service at the time of use (the "Client’s Data").
The Client, not SALIENCE, is solely liable for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property rights or rights of use of all Client’s Data. Furthermore SALIENCE shall not be held liable for the deletion, correction, destruction, damage, loss, or failure to store any Client’s Data.
In the event of any breach whatsoever, SALIENCE reserves the right to withhold, remove and/or discard Client’s Data without prior notice. Upon termination for cause, the Client’s right of access to Client’s Data or usage right to said latter ceases immediately and SALIENCE shall not be required to store or transfer any Client’s Data whatsoever.
ARTICLE 7 - USER’S RESPONSABILITY
Any User is strictly required to comply with the rules set forth in these GTCU, and the GTCS and STC if applicable, the violation will result in an automatic termination of access to Products and Services. SALIENCE also reserves the right to pursue any User who is the author of a violation that the company would consider particularly serious.
7.2 General compliance with the principles of morality, courtesy and loyalty
In general, the User shall undertake to respect the laws and regulations in force in their state so as not to undermine public order and morals or the rights of others including without limitation that no data transmitted in connection with the use of the Services:
- Is pornographic or pedophile;
- Is conducive to violence, crime, felony, suicide, acts of terrorism, theft, acts of damage or deterioration;
- Condones war crimes, crimes against humanity and acts of terrorism or undermines the security or integrity of any State or Territory;
- Is conducive to discrimination, hatred or violence against a person or group of persons because of their origin or their ethnicity, nation, race or because their religion or morals;
- Affects in any manner whatsoever the honor or reputation of any person;
- Affects the security, privacy, image and intimacy of private life of another.
- Presents material that is offensive or contrary to public policy or proper practices, or that may be inappropriate for minors ;
- Harms, in any manner whatsoever, the reputation, private life or image of a Third Party;
- Denigrates, defames or damages the image or reputation of a brand name or any natural person or legal entity, in any manner whatsoever ;
- Enables third parties to obtain pirated software, serial numbers of software or any software that might cause damage to, or harm, the rights and properties of Third Parties in any manner whatsoever;
- Infringes the intellectual property rights of any person;
- Recommends questionable or fraudulent practices ;
- Enters in hypertext link, or advertises or promotes, a company, brand, site, blog or forum.
The User expressly agrees to refrain from disrupting or disturbing SALIENCE’s Products and Services and servers, and to comply with the required conditions, procedures and general rules transmitted by SALIENCE for proper implementation of the Products and Service.
ARTICLE 8 - SALIENCE LIABILITY
SALIENCE assumes under these GTCU an obligation of means.
In all cases, SALIENCE cannot be held liable for compensation for consequential or indirect damages incurred by the User, resulting directly or indirectly from the non-fulfillment of its obligations, including the loss of revenue, contracts, goodwill, reputation, profits, computer data, etc., even if SALIENCE has been advised of the possibility of such losses.
In any event, the amount of damages to be borne by SALIENCE shall not exceed the price of the subscription taken by the Client.
ARTICLE 9 - USER’S DATA POLICY
9.1. Type of Personal Data collected
SALIENCE collects basic information such as name, address of the Client and other contact information as well as technical and billing information and in general any Personal Data necessitated enabling SALIENCE to provide the Services.
9.2. Use of Personal Data
The Client authorizes SALIENCE to use Client’s Data collected:
- In connection with the execution of these GTCU, the GTCS and/or the STC if applicable and the Services that SALIENCE is committed to providing;
- To provide the Client with important information regarding the Products and Services.
9.3. Disclosure of Personal Data
The Client authorizes SALIENCE to disclose Client’s Data concerning the following circumstances, including the extent that they involve the transfer of personal data to entities located outside the European Economic Area (EEA) where SALIENCE is committed to the principles laid down by Article 69 of law No. 78-17 of 6 January 1978, implementing Article 26 of the European Directive 95/46 / EC:
- Whenever such disclosure is necessary so that SALIENCE is able to provide the Services;
- Upon the occurrence of exceptional circumstances;
- As part of a sale or merger of all or part of the SALIENCE company or its goodwill;
- If a Client send SALIENCE a request, such as emailing it for support, SALIENCE reserves the right to publish it (absent any personally identifying information) in order to help it clarify or respond to the Client’s request or help other Clients;
- In case of communication to other companies controlled or controlling by SALIENCE, to enable them to provide Clients with products and services that may interest them.
ARTICLE 10 - SECURITY
10.1. Client’s Obligations
The Client undertakes to:
- Safekeeping usernames, IDs, passwords and security statements (SALIENCE may change these data at any time if it deems it necessary to protect public safety). Any unauthorized use of such access are the sole responsibility of the Client;
- Take all appropriate measures to minimize the risk of security breaches in connection with the Services;
- Inform SALIENCE as soon as it becomes aware of any breach of security, SALIENCE reserves the right to intervene in its sole discretion and the way SALIENCE deems appropriate, including the right to identify, isolate, block the source of the attack and, if appropriate, prosecute its author;
- Comply with identification checks made by SALIENCE and if asked to do so by SALIENCE, use passwords when the Client wishes to instruct.
The Client expressly authorizes SALIENCE to access, copy, preserve, disclose, remove, suspend or remove data if Exceptional Circumstances relating to these data.
SALIENCE enables the Client to upload or download her/his Data at any time, except during maintenance periods. Therefore, the Client agrees to safeguard her/his data on her/his personal computer after each use of the Products and Services. Consequently, SALIENCE disclaims all liability for loss of Data. The Client states that she/he is aware, and accepts, that the Data will be definitively destroyed at the end of the subscription or in the event of a default in payment for more than ONE (1) year.
10.2. Information provided publicly on the Solution by Clients
Clients may elect to publicly post personally identifying or sensitive information about themselves in their normal use of the Solution. This could occur through use of the optional profile fields, in interactions on public blogs and documentation of the Solution, or if a previously private map is made public. Information like that, which is voluntarily posted in publicly visible parts of the Solution, is considered to be public, even if it would otherwise be considered to be personally identifying or sensitive. As such, it is not subject to the protocols listed below, because SALIENCE does not control it; Clients do.
Additionally, voluntarily publicizing such information means that the Client loses any privacy rights she/he might normally have with regards to that information. It may also increase her/his chances of receiving unwanted communications, like spam.
If Clients choose to provide personally identifiable information using certain public features of the Solution, individuals reading such information may use or disclose it to other individuals or entities without SALIENCE’s control and without their knowledge, and search engines may index that information. SALIENCE therefore urges Clients to think carefully about including any specific information they may deem private in content that they create or information that they submit through the Solution.
10.3. Information given to other people by Clients
These STC only apply to information collected by SALIENCE through the Solution. They do not apply to the practices of companies that SALIENCE does not own or control, or employees that SALIENCE does not manage. Information on the Solution maps may contain links to Third Party websites, and any information Clients provide to those sites will be covered by any privacy policies they may have. In that perspective, Clients may have read the privacy policies of any Third Party sites they visit. It is those sites' responsibility to protect any information Clients give them, so SALIENCE cannot be held liable for their wrongful use of Client’s personally identifying information.
10.4. SALIENCE Obligations
- SALIENCE considers security as a top priority and takes all reasonable precautions to protect Client’s Data against the loss, misuse, access or unauthorized disclosure, alteration or destruction;
- To this aim, SALIENCE applies standard Secure Sockets Layer (SSL) (128 bit) technology to encrypt sensitive information collected in connection with the Services and from or to web pages every time it’s possible;
- Furthermore, SALIENCE agrees to make regular automatic backup of data and send an email notification once the backup is complete.
In addition to what is stated in this article, SALIENCE cannot be held responsible for any security breach of customer accounts controlled, administered and / or subscribed to by the User which remain under its sole responsibility.
SALIENCE commits to provide the Client, at the latter’s expense, with its Services for hosting the Products and Data.
The hosting service consists of:
- Surveillance of the server;
- As applicable, allocation of a data storage capacity;
- Monitoring of proper functioning of the infrastructure necessary for the hosting.
ARTICLE 11 - INTELLECTUAL PROPERTY
11.1. Compliance with the general principles of intellectual property
Any data provided by the Client as content of her/his private Account and/or Data (including maps, comments, attachments …) remains the Client’s property. Unless otherwise specified, SALIENCE will not access or share this information without the Client’s consent.
Therefore, the Client guarantees SALIENCE against, and holds it harmless from, any damage it might occur due to the Client’s Data, including any legal and procedural costs and fees, and, in that regard, agrees to participate in any legal proceedings that might be initiated against it for reasons imputable to the Client’s Data.
SALIENCE is the owner of intellectual property rights of both the general structure of the Site and its content.
The User acknowledges and accepts that access to the Site, the Products and Services, that are made available by SALIENCE, do not imply any assignment or licensing of intellectual property rights (and in particular copyrights) and any other rights to the benefit of the User.
Access to the Products and Services is exclusively limited to their use by the Client under the conditions and limitations set forth herein and in accordance with the provisions of the article L.122-5-2 of the Intellectual Property Code.
As such, the User acknowledges and accepts that the use granted by SALIENCE, on the basis of access to the Site, the Products and Services and their content, especially excludes access to them for the purpose of reproduction, resale, exchange, rental, modification, adaptation, correction of all or part of them, even free of charge.
11.2. Non-violation of Copyrights© - Links (owned by SALIENCE)
This Site respects copyrights. All copyrights of protected works that are reproduced and communicated on the Site apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without permission.
11.2.1. Paper reproduction
Paper reproduction of the Site (such as printing...) is permitted for a personal and non-commercial use only.
11.2.2. Electronic reproduction
Reproduction of all or part of the Site on an electronic device is prohibited.
Creation of links to the Site:
The Site allows the establishment of a hyperlink pointing to its contents, subject to:
- Not using the technique of “deep linking”, namely, the pages of the Site must not be nested within the pages of another website, but accessible through the opening of another window;
- Mentioning the source that shall open after clicking on the hypertext link directly from the targeted content;
- Information must be used for personal, associative or professional purposes alone;
- Any use for commercial purposes or advertising is excluded;
- Said permission does not apply to websites containing information that is controversial, pornographic, incite racial hatred or any form of discrimination or which may, to a broader extent, affect the sensibilities of the greater majority.
- For other uses, please contact SALIENCE.
Links pointing to other sites that are inserted on the Site:
This Site may contain links to Third Party websites that are not controlled by SALIENCE. The latter is in no manner liable for the content of other websites that Users may access from the Site. When the User accesses a website other than SALIENCE's, she/he does so at their own risk, and SALIENCE may not be held liable for the accuracy or reliability of the information, data, opinions, advice or statements made on this other website, nor the quality of products and services offered there. SALIENCE provides these links only as a convenience and the existence of such links does not imply that SALIENCE endorses or accepts any liability for the content or uses of such websites.
11.3. Restriction of use
All trademarks and other intellectual property rights in any content of the Site (including, information, text, images, copyright and designs) and the structure of the website belong to SALIENCE, or had their use granted by their holder to SALIENCE. No use of this content and intellectual property rights relating thereto shall be permitted without first required the express written consent of SALIENCE. All these rights are expressly reserved.
The User agrees to respect SALIENCE’s intellectual property rights on each of the Products and Services provided by the latter and enforces these rights by Third Parties.
As such, Users are expressly forbidden to:
- Sell, publish, display, disclose or make available to any Third Party the Products and Services provided by SALIENCE on the Site;
- Perform reverse engineering, decompiling or disassembling the Products and Services, except as expressly authorized by law;
- Remove identifying and ownership references of the Products and Services;
- Lease, lend or use the Products and Services with the objective of sharing it or making it available to Third Parties hereto;
- Publish any test or analysis or evaluation of performance relative to the Products and Services without prior written permission from SALIENCE;
- Access the source codes of the software characterizing the Products or Services;
- Use or copy the Products or Services by any manner which is not expressly authorized by SALIENCE.
Unless otherwise provided, the User notices and accepts that the access to the Products, Services and Site provided by SALIENCE, shall not be construed as granting any license or right in and to the Trademarks and other rights to the benefits of the User.
Any unauthorized use, reproduction, distribution, downloading, re-transmission, allowing access by a link or a hypertext link, or other copying, adaptation or modification of the Site and/or the contents herein is strictly prohibited without the express written consent of SALIENCE.
Any failure to comply with the present provision would cause an infringement to copyright, Trademarks or other intellectual property rights which could expose the User to civil and/or criminal penalties.
ARTICLE 12 - EMAILING & NEWSLETTERS- QUEST OF IMPROVEMENTS - SUPPORT
12.1. Emailing & newsletters
Clients are likely to receive direct emails and/or newsletters from SALIENCE to the email address she/he provided when subscribing to the Services. These emails and newsletters will only serve as announcements for updates of the Products or Services or as a way to invite Client to share her/his experience of the Products and Services with SALIENCE.
SALIENCE will never use User’s email address for anything not directly related to the Solution, and will never it to Third Parties for commercial purposes or spam.
12.2. Quest for Improvements
The Products and Services were built from the ground up by giving priorities to Clients' needs and requests. The features SALIENCE offers are the ones Premium User wanted to see. As such, SALIENCE needs to learn about Premium User’s usage of the Solution (through direct surveys or usage statistics) in order to identify the places where improvements can be made. These statistics are anonymous and will never be communicated to third parties.
In the process of supporting the Solution, SALIENCE may discover personally identifiable information associated with the Client’s Account. The only personally identifiable information SALIENCE may discover during the support process without the Client’s consent includes her/his email address and the names of any organizations to which she/he belongs. Any further information, such as the data the Clients enters into private maps, will not be discovered without her/his prior consent.
In the same process of supporting the Products and Services, SALIENCE may need to investigate the data within the Client’s Account, including data the Client has entered into private maps. If this occurs, SALIENCE will always request the Client’s explicit permission before looking at the data in her/his account.
ARTICLE 13 - NOTIFICATIONS
Except in cases where a stipulation of this GTCU provides otherwise, it results from a specific agreement between the Parties that correspondence between them may take place by any means, including by electronic mail at the e-mail mentioned in their correspondence, invoices and / or purchase orders, or other document.
The Parties agree that printing paper mail allows properly prove up the discussion.
The Parties shall implement all security measures to ensure the availability, integrity and confidentiality of e-mail files sent over the Internet.
They implement the same time, all appropriate measures, such as firewalls and antivirus software regularly updated and properly configured, to protect themselves in the most efficient manner possible against intrusions, attacks and spread viruses to ensure availability, integrity and confidentiality of e-mail files received.
Parties will save by the most appropriate and safest practical the messages transmitted and relating to the subject of these GTCU.
ARTICLE 14 - GOVERNING LAW AND JURISDICTION
These GTCU are exclusively subjected to French law.
The official language hereof is French. The use of any other language is only informative. In case of difficulty relative to the GTCU, the Parties shall refer exclusively to the French text.
All disputes concerning the GTCU shall be submitted, before any judicial proceeding, to a conciliator, each Party hereto designating one, except to agree on the choice of only one.
To this end, in the event of a dispute, either Parties shall notify the other by registered letter with acknowledgment of the name of the proposed mediator, the other Party having eight days to notify the one she designated; no reply within this period will be worth agreement of the second Part on the first conciliator chosen by the other Party.
In case of default of the Party referred to in the receipt or post office withdrawal of a notification by registered letter with acknowledgment, notification may be made by any means.
Within a maximum period of three months from their appointment(s) mediator(s) shall attempt to resolve the difficulties that will be submitted and accepted by the parties for an amicable solution.
Whatever the outcome of that amicable settlement, a Minute of conciliation or non-conciliation will be writing and signed by the conciliator(s).
In the absence of such an agreement in a timely manner, and subject to production of the minutes of non-conciliation, the dispute will be shall be submitted to the competent Court in the location where SALIENCE has its registered office, which will necessarily note the production of the minute properly signed for judging the case.