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GENERAL TERMS OF
USE

Definitions

The following terms are used as defined below:

“Website” or “Service”: the website xandimmersion.com and all its pages.
“Publisher”: X&Immersion, 64 rue Pergolèse 75016 Paris – France, responsible for publishing the website and its content.
“User”: the internet user visiting and using the Services of the Website.
“Content”: means all information published on the Publisher’s Website, namely logos, text, images, photos, videos.
These General Conditions of Use (hereinafter called the “GCU”) have been drafted by the Website Publisher. Users of the Website are requested to read these GCU carefully, and to print them out and/or save them on a durable medium. Users acknowledge that they have read the GCU and accept them in full without reservation.

Article 1 - Application of the GCU

The purpose of these GCU is to define the conditions of access to and use of the Website by Users. The Publisher reserves the right to amend the GCU at any time by publishing a new version of them on the Website. The GCU applicable to the User are those in effect on the date of acceptance.

There is no charge to Users for using or accessing the Website. Downloading Content, or in general browsing the Website, implies the User’s acceptance of all these GCU, and also that he/she acknowledges that he/she is fully acquainted with them.

Acceptance of these GCU implies that Users have the legal capacity necessary to do so. If the User is a minor or does not have this legal capacity, he/she declares that he/she has obtained permission from a guardian, trustee or his/her legal representative.

The Publisher makes available to the User on its Website a Privacy Policy specifying all the information relating to use of the User’s personal data collected by the Publisher and to the rights the User has in respect of these personal data. The Privacy Policy in respect of the data forms part of the GCU. Acceptance of these GCU consequently implies acceptance of the Privacy Policy.

Article 2 – Legal notices, personal data

This Website is published by X&Immersion SAS. The legal information concerning the host and publisher of the Website, in particular contact details and any information about capital and registration, is provided in this Website’s legal notices.

Information about the collection and processing of personal data (policy and declaration) are provided in the Website’s Privacy Policy.

Article 3 – Access and availability of the Website

The Publisher uses its best endeavors to make the Website permanently accessible, subject to maintenance operations affecting the Website or the servers on which it is hosted. If it is impossible to access the Website due to technical problems or problems of any kind, the User may not claim any loss and has no right to claim any compensation.

The Website Publisher is bound by a best endeavors obligation; it cannot be held liable for damage resulting from use of the Internet such as loss of data, intrusion, viruses, breakdown in service, or similar.

The User expressly accepts that he/she uses the Website at his/her own risk and on his/her own exclusive responsibility.

The Website provides the User with information for reference only, with any imperfections, errors, omissions, inaccuracy or other ambivalent statements that may exist. Under no circumstances can the Publisher be held liable for: direct or indirect loss or damage, particularly loss of profits, loss of earnings, loss of customers or data which could result, inter alia, from using the Website or, on the contrary, from the impossibility of using it; any malfunction, unavailability of access, incorrect use, incorrect configuration of the User’s computer or the use of a browser that is rarely used by the User.

Article 4 – Hypertext links

The Website may include hypertext links to other websites.

The User consequently acknowledges that the Publisher cannot be held liable for any loss or damage, whether proven or alleged, arising from or in connection with the use of, or from having become aware of, the content, advertising, products or services available on these websites or external sources. Neither can the Publisher of this Website be held liable if a visit by the User to one of these websites should cause him any loss.

In spite the Publisher’s best endeavors, were one of the hypertext links present on the Website to direct the User to a website or internet source the content of which does not comply with the requirements of French law, or appears to a User not to do so, the latter undertakes to contact the Website’s publication director, whose contact details appear in the Website’s legal notices, in order to notify him of the address of the pages of the third party website concerned.

Article 5 – Cookies

5.1 Declaration on the use of cookies

When visiting the Website, cookies may be stored on the computer, tablet or any terminal used by the User. These enable the Publisher to analyze the number of visits to the pages and to improve the Website. The cookies are used according to their type and for the purposes set out below.

The User has the option to accept or refuse cookies by using the mechanism integrated into the banner or the tools described below.

5.2 What is a Cookie?

A cookie (hereinafter referred as a "Cookie” or “Cookies”) is a text file stored on a terminal when the Website is visited or an advertisement is viewed. The aim of a Cookie is in particular to collect information about the User’s browsing of the Website for the purposes of analysis and to address personalized services and content to the User.

5.3 Identification of Cookies

There are different types of Cookies:

a. First-party and third-party Cookies A Cookie is called a “first-party Cookie” or a “third-party Cookie” depending on the domain (website) from which it originates. First-party cookies are installed by the Website when the User is in the process of viewing it. Third-party Cookies are Cookies installed by a domain other than that of the Website (for example, a cookie may be stored on the Website by a third-party advertising network). When a User visits the Website and another entity installs a Cookie via the Website, this Cookie is a third-party Cookie.

b. Session Cookies

These Cookies enable Website operators to follow a User’s actions during a browsing session. The browsing session starts as soon as the User opens the browser window and ends when he/she closes this window. Session Cookies are temporary in nature. Once the browser closes down, all the session Cookies are deleted.

c. Persistent Cookies

These Cookies remain on the User’s device after the browser session closes and for the period provided for by each of these Cookies. They are activated every time a User visits the Website.

5.4 What types of Cookies does the Publisher use, and for what purposes?

The Publisher uses audience measurement cookies which help compile statistics on traffic and the use of various elements of the Website (sections and content visited, click paths). They enable the Publisher to enhance aspects of interest and the usability of the Website.

The Publisher uses audience measurement cookies on the Website (Google Analytics). Users can obtain further information about the Google Analytics service by going to the web page https://support.google.com/analytics/answer/6004245

Your data may be transferred cross-border outside the EU via Google Analytics technology.

5.5 How can the User manage the Cookies?

When a User first connects, he/she is informed that the Publisher’s partners and any other third party identified may store Cookies via the Website. Only the Cookie issuer is likely to read the information contained in it and the Publisher has no access to the Cookies which third parties may use. The issue and use of Cookies by third parties is subject to the latter’s privacy policies, in addition to the provisions of this article 5. The User is consequently invited to go to these third parties’ websites for further information about the Cookies they store and how the User can manage them.

5.6 User’s management of the Cookies stored

If the User agrees to allow Cookies to be stored on his/her terminal, the Cookies integrated into the pages and content which he/she has visited may be stored temporarily in a dedicated space on his/her terminal. They will be able to be read there only by the issuer.

The User can block Google Analytics cookies by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=en

5.7 To find out more

You can find out more information about cookies, in particular how to manage them on different browsers, on the CNIL website (http://www.cnil.fr/vos-droits/vos-traces/les-cookies/) and on the website http://www.allaboutcookies.org .

Article 6 – Intellectual property rights

All the Content on this Website belongs to the Publisher or a third party representative, or is used by the Publisher on the Website with the content owner’s consent.

With the exception of downloadable content voluntarily made available by the Publisher on the Website (in particular Press kits), for which the conditions of use are defined below, any representation, reproduction or adaptation of Content (including but not necessarily limited to logos, textual content, pictographic or video content) is strictly prohibited and is deemed to constitute an infringement.

Any User who is guilty of infringement could see his access to the Website blocked without prior notice or compensation, without it being possible for such exclusion to be construed as loss or damage for the User, and without prejudice to the right to pursue legal proceedings against him by the Publisher of this Website or his legal representative.

The trademarks and logos used on the Website are likely to be registered by the Publisher or one of its partners. Any person representing, reproducing, nesting, transmitting or retransmitting them shall be subject to the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.

Conditions of use for downloadable Content:

Users have the option to freely download downloadable Content identified as such on the Website. Such Content may be used free of charge solely for promotional and/or press use (to the exclusion of any commercial use) subject to crediting each item of Content with the corresponding credits.

Users who wish to use this Content must refer to the xandimmersion.com Website and inform the Publisher of the reasons for its publication.

Article 7 - Liability

The Publisher is not liable for its Users’ publications, or their content or veracity. The Publisher cannot under any circumstances be held liable for any damage likely to occur to the User’s IT system and/or any loss of data resulting from the User’s use of the Website.

The Publisher undertakes to update the content of the Website constantly and to provide Users with accurate, clear, precise and updated information. The Website is in principle permanently accessible, except during technical maintenance operations and operations to update the content. The Publisher cannot be held liable for any loss or damage resulting from the unavailability of the Website or parts thereof.

The Website Publisher cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, a modification to the Website, an intervention by the host, an internal or external strike, network failure or power outage.

The Publisher cannot be held liable for the non-functioning or malfunctioning of the Website, or inability to access it, attributable to unsuitable equipment, incorrect configuration or use of the User’s computer, malfunctions in the services providing access to Users or those of the internet network.

Article 8 - Notifications and complaints

Any notification or opinion about these GCU, the Legal Notices or the Privacy Policy must be sent in writing by registered or certified mail, or by email to the address given in the Legal Notices; the notifying party must state their first name, surname and address, and the purpose of the notification.

For any request concerning personal data (access, correction, limitation etc.), the User must send his request to the address stated in the Privacy Policy.

Any complaint associated with use of the Website, its Services, the Website pages on any social media or in the GCU, the legal notice or the Privacy Policy, must be lodged within 365 days of the date on which the problem which is the source of the complaint originated, independently of any law or legal regulation to the contrary. If such a complaint has not been made within the following 365 days, such a complaint will never be legally enforceable.

It is possible that, to a limited extent within the Website and Services offered, there may be inaccuracies or errors or information that is not consistent with the GCU, Legal Notices or the Privacy Policy. Furthermore, it is possible that unauthorized modifications are made to the Website or associated Services (social media etc.) by third parties.

In such a situation, the User can contact the Website Publisher by post or email at the addresses given in the Website’s Legal Notices, stating if possible, a description of the error and location (URL), and providing sufficient information for the User to be contacted.

Article 9 – Severability of clauses

Should any clause in the GCU be deemed unlawful, null and void or unenforceable for any other reason, this provision shall be deemed severable from the GCU and shall not affect the validity or applicability of the remaining provisions.

These GCU replace all previous or current written or verbal agreements. They cannot be assigned, transferred or sub-licensed by the User him/herself.

A printed version of the GCU and all notices provided in electronic form may be requested in legal or administrative proceedings in connection with the GCU. The parties agree that all correspondence relating to these GCU shall be written in French or English.

Article 10 – Applicable law

These GCU are governed by and subject to French law.

Unless stipulated otherwise, under public policy, any disputes which may occur within the context of execution of these GCU may be subject to assessment by the Website Publisher for the purpose of reaching an amicable settlement before any legal action is pursued.

It is expressly stated that requests for amicable settlement do not suspend the time limits allowed for instituting legal proceedings.

Unless stipulated otherwise, under public policy, any legal action relating to the enforcement of these GCU must be brought before the courts with jurisdiction for the defendant’s domicile.