The English version of the French-language “Terms and Conditions of Service” (“Conditions Générales d’Utilisation” or “CGU”) is solely provided by DSBROWSER SAS for information purposes. The “Terms and Conditions” text in its original French version is deemed to be the only legally-binding document, and as such is the sole basis upon which relations between Users and DSBROWSER SAS shall be governed.
CHAPTER 1: PRELIMINARY PROVISIONS
Users of the services made available by the company DSBROWSER SAS, and visitors who access information hosted by DSBROWSER SAS agree to comply with the provisions of the following Terms and Conditions of Service (collectively Terms).
The following definitions apply:
Visitors, Principal Users and Authorised Users agree to abide by these Terms and the laws of their country of origin related to data and electronic documentation.
1.3 Description of Services
The Services include:
DSBROWSER SAS can check at any time compliance by the user, and general contractual conditions.
CHAPTER 2: GRANT OF RIGHTS ON THE SITE, THE SOFTWARE AND DATABASE
2.1: Rights on Site
The entire site, including logos and other images contained therein, is protected by the provisions in force governing intellectual property rights. DSBROWSER SAS is the exclusive owner of all intellectual property rights relating thereto the exclusion of the information given on the basis of the graphic of the User.
Users may download or print pages and / or portions of the Site, provided that it does not delete the entries for the intellectual property rights and other terms regarding property rights and provided that an express attribution has been delivered.
2.2: Rights in Software
All rights, including intellectual property rights relating to software are the exclusive property of DSBROWSER SAS.
These rights are not transferable and cannot be granted in sub-license. These rights are also subject to compliance with these Terms.
2.3: Rights on data and documents created by Users
CHAPTER 3: EFFECTIVE DATE AND LENGTH OF TERMS
The User is deemed to have read and accepted these Terms at completion of the registration form, and activation of the User License.
CHAPTER 4: USER OBLIGATIONS
Users generally agree to:
Users acknowledge the website as time-stamping authority.
4.1 Mandatory information
In order to subscribe to the Services, User undertakes to provide to DSBROWSER SAS accurate contact details. DSBROWSER SAS shall not be liable for any damageable consequence User or any third party could suffer, in case User fails to inform DSBROWSER SAS of any modification in its contact details.
4.2 Access codes
4.2.1 User login and password (hereafter « Access Code ») needed to access the Services, including the website dsbrowser.com and User’s private digital storage are strictly personal and confidential to User. User agrees to keep the User License and not to disclose it to anyone whatsoever. By using his User License, User enjoys a personalised and exclusive access to the Service. Any access to the Service made through the User License shall be deemed to have been done by the User himself, and shall remain his entire responsibility.
4.2.2 In case of loss or theft, or generally in case of diversion of the User License by a third party, User undertakes to give immediate notice at DSBROWSER SAS at the following e-mail address: firstname.lastname@example.org, so DSBROWSER SAS can cancel the User License.
4.3 Specific obligations related to the use of the Internet network
4.3.1.User acknowledges to be fully aware that some data transferred through the Internet network are likely to be subject to intellectual property rights or to infringe legal provisions in force. Accordingly, User shall refrain from transfer, download or upload on Internet any data prohibited, illegal, contrary to the public order or contrary to accepted standards of good behavior, and likely to prejudice the rights of third parties, including but not limited to intellectual property rights.
4.3.2. It is expressely reminded that Internet is not a secure network. Accordingly, User shall be responsible for the protection of his data and software, including, but not limited to contamination by viruses or any malware, or resulting from the intrusion of a third party on the system of his terminal (computer, digital assistant, smartphone…). User shall be responsible for backing up his data and system prior to and following access to the Services.
4.3.3. User acknowledges to be fully aware of the lack of reliability of the Internet network, particularly as regards the security of data transfer and the absence of guaranty of volume and speed of data transfer. User acknowledges to be fully aware that integrity, authentication and confidentiality of data he wishes to exchange on the Internet network cannot be guaranteed on that network.
4.3.4. As regards products and services sold on the Internet network, User sends directly to the provider of such products and services any claim related to the services they provide or the products they sell.
4.3.5. DSBROWSER SAS cautions User on the nature and variety of contents available on the Internet network, some of which could prejudice minors.
CHAPTER 5: OBLIGATIONS OF DSBROWSER SAS
DSBROWSER SAS shall not be liable for any content available on the Internet network and any damage that could arise from their use, unless such damage is intentionally caused by DSBROWSER SAS. DSBROWSER SAS shall not exercise any control over the content and the data sent or received by User on his private network and/or on the Internet network. However, in order to manage access to the Internet network from its servers, DSBROWSER SAS reserves the right to suppress any User data or to stop any User operation, whether it is likely to disrupt the functioning of its network and/or the Internet network, or it does not comply with DSBROWSER SAS’s policy. As a matter of exception, DSBROWSER SAS shall give access to the User’s data to abide by a proper request made by a judicial authority.
DSBROWSER SAS shall not be liable for the use of data and information User may collect from or send to the Internet network. DSBROWSER SAS accepts no responsibility for the consequences of fraud, abuses, misuse of the Service by User, including but not limited to, intentional or unintentional congestion of the servers of DSBROWSER SAS, that could lead to disruption of those servers.
DSBROWSER SAS shall not be held liable:
CHAPTER 6: PERSONAL DATA
CHAPTER 7: LIABILITY OF DSBROWSER SAS
CHAPTER 8: USER'S RESPONSIBILITY
CHAPTER 9: DOCUMENTS DOWNLOAD
Users can download documents in their private digital space as long as their subscription allows them enough storage capacity to do so. A gauge is intended for Users so they can check how much spare storage capacity is left.
CHAPTER 10: EVIDENCE OF AGREEMENT
DSBROWSER SAS and User agree that in any litigation only DSBROWSER SAS’s systems shall qualify as time-stamping authority. In this regard, the User and DSBROWSER SAS recognize the legal validity and probative value of DSBROWSER SAS systems as time-stamping authority.
CHAPTER 11: FINANCIAL CONDITIONS
CHAPTER 12: TERMINATION
12-1: Termination for non-compliance
Failure by DSBROWSER SAS or the User to comply with its obligations under these Terms entitles the other party to terminate its commitments as of right, without prejudice to the damages it could seek. Termination will take effect immediately at reception of a registered letter with an acknowledgement of receipt.
12-2: Consequences of termination
It is expressly agreed between the User and DSBROWSER SAS that in case of termination of agreement as per article 12.1, for any reason whatsoever, the User retains ownership of the data he has entrusted to DSBROWSER SAS. DSBROWSER SAS will issue or restitute any dematerialized documents stored on the User’s private digital space, in a usable form than cannot be altered, such as a non-recordable DVD or any other easily exploitable support.
CHAPTER 13: VALIDITY
If any of these provisions is declared invalid or unenforceable under any law, regulation or following the final decision of a competent jurisdiction, it shall be deemed unwritten.
However, the other provisions remain in full force and effect, unless they are not dissociable from the invalid provision. DSBROWSER SAS and the User may, by mutual agreement, agree to replace the invalid provisions by way of endorsement.
CHAPTER 14: INDEPENDENCE OF THE PARTIES
The acceptance of these Terms does not mean and shall not be construed as referring DSBROWSER SAS or any of its staff or employees assigned to perform the relevant services as agent, representative or employee of the user, for any purpose whatsoever.
CHAPTER 15: GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with French Law.
In case of a dispute concerning the interpretation, training or performance of these Terms and failing to have reached an amicable settlement, mediation or a transaction, only the courts of the French Republic are competent, parties agree to provide express and exclusive jurisdiction of French law.
DSBROWSER SAS - Terms and conditions of Service - 17/02/2015