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Link in Med User Agreement
By accessing, registering and using Link in Med (“Service”, “Link in Med”) on the Invest in Med Program web site, you become a Link in Med user (“User”) and conclude an agreement with ANIMA Investment Network, 11bis rue Saint Férreol 13002 Marseille (“ANIMA”, “we”, “Link in Med”) based on the terms of this Link in Med User Agreement (“Agreement”).
1 - Conditions to register
Before your registration, you must read the Agreement with attention.
1. You must (i) have full power and capacity to enter into this Agreement ; (ii) have not previously been suspended or removed from Link in Med; (iii) not infringe any other agreement.
2. If you are registering to Link in Med on behalf of an organisation or a company, you make the commitment that you have informed this organisation or this company about your registration and that you are entitled to act on their behalf.
3. Before registering Link in Med, you must decide if you really wish to reveal information about yourself, your organisation or your company through Link in Med and verify that this disclosure is not harmful to you, to your organisation or your company. You must provide accurate information to us and update it as necessary.
4. Before registering Link in Med, you may agree to the Agreement and to :
- respect all applicable laws ;
- not duplicate, license, sublicense, publish, broadcast, transmit, distribute; display or commercially exploit the Service, except as permitted in the Agreement;
- not infringe Link in Med’s intellectual property on the content (text, photos software), on brand, logos and/or trademarks, including the use of the word “Link in Med”, without authorization;
- not use any information, personal data or content available through Link in Med, to create a competing service with Link in Med;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
- use automated methods to add contacts, send messages or other permitted activities;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Invest in Med website;
- not attempt or access to Link in Med by another interface than that supplied by Link in Med;
- remove any copyright, trademark or other proprietary rights notices contained in or on Link in Med and on ANIMA web site,;
- use any information obtained from Link in Med with the aim of carrying damage to others;
- not introduce by any means, and make available on the web site any contents which would:
- be libellous, discriminatory, obscene, or reprehensible in a general way;
- infringe the rights of registered trademarks, patents, trade secrets, copyrights or other proprietary rights;
- Deform or erroneous on your identity, your qualifications, either your memberships with a person or an identity, past or present;
- Insert any unauthorized or unsolicited advertising by every possible means, such as “junk mail”, “spam”, “chain letters”, “pyramid schemes”;
- Include contractual or legal confidential information (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
2 - Users Rights and Link in Med obligations
1. The registration to Link in Med gives you the right to access the service. You will have the right to access information from a database accessible to all the visitors of the Invest-in-Med.eu web site (“the LKM database”) and information from a database restricted to Link in Med registered users (“the LKM+ database”). You will then have the right to view information, content and personal data provided by those two databases, as it may exist and be available on any given day, except if you do not respect your obligations under the Agreement.
The information, content and personal data that you fill in Link in Med will be distributed within these two databases according to the nature of the contents. The information, content and personal data on the database LKM + will be accessible to the members on inquiry to Link in Med.
If any Link in Med user requests to Link in Med to view information, content and personal data provided on the LKM+ database about you, you will automatically be informed by email.
You can have interactions with other Link in Med users, but you are solely responsible for your interactions with these users.
2. Limits :
The service may be modified, replaced, suspended (for example for maintenance, updates or technical improvements) or discontinue, partially or entirely.
The right to access Link in Med and view information, content and personal data provided on Link in Med, is limited, revocable, nonexclusive, non assignable, non sub licensable.
3. Link in Med reserves the right, but has no obligation, to terminate your account if we determine, in our sole discretion, that doing so is prudent.
Link in Med has no other obligations, except as expressly stated in this Agreement.
3 - Users obligations
1. Link in Med proposes an information and communication platform between professionals willing to develop the business and the economy of the Mediterranean countries. The users must absolutely respect the purpose of Link in Med and then must only use the service to develop professional relationship with other users.
It is then strictly prohibited to sell, trade or transfer any personal data, information or content you may obtained from Link in Med to another party or charging anyone for access to any part of Link in Med, or any information, contact or content therein.
It is also strictly prohibited to sell, trade or transfer your Link in Med account or charging anyone for access to Link in Med, or any information, personal data or content therein.
2. Each user must keep its password confidential, do not use other users’ accounts and do not let others use its account.
You are then responsible for anything that happens within and from your account, except if you send a notification to email@example.com, in order to close down your account because you lost your password or because your account security is compromised.
3. You warrant that the information, content and personal data that you diffuse through Link in Med are accurate, not confidential, and not in violation of any other agreement or other third party rights.
You guarantee Link in Med against any damages, losses and costs (including attorneys’ fees) related to third party claims, formal demand or action in justice caused by (i) your failure to comply with this Agreement, (ii) any content you submit to Link in Med or (iii) any activity in which you engage on or through the Link in Med.
4. If a legal obligation obliges you to act contrary to the Agreement, you have to inform us immediately, so that we can find an alternative remedy. You must immediately inform Link in Med if you believe that someone is misusing or appropriating any information diffused through Link in Med.
5. You acknowledge and agree that we may send you by email information and notices regarding the Service. You guarantee Link in Med to respect strictly those information and notices.
4 - Information, content and personal data
1. Link in Med is a non commercial service. Then information, content and personal data provided on the service are free and will never be sold to any third party.
2. You are free to submit any information to the service and to any third party. Link in Med exercises no control over any content you or others submit through Link in Med.
However, Link in Med can at any time remove any content or information available on your account, with or without notice, which violates or could violate the agreement.
3. If you choose to submit any information, you grant by the Agreement a nonexclusive, worldwide, unlimited, and royalty free right to Link in Med to reproduce, represent, distribute, publish, remove, retain, add, and use, any information and personal data that you submit to Link in Med, without any further consent, notice and/or compensation to you or to any third parties.
4. We advise you not to share any confidential information or ideas through blogs/ forums/ chartrooms to which we offer to participate. Link in Med is not responsible for any misuse or misappropriation of any content or information.
5. You admit that the personal data circulating on Internet are not totally protected against possible diversions and that so the communication of any information with sensitive character, is made by the user at its risks and dangers; that certain personal data circulating on Internet can be the object of a privative appropriation in conformance with a legislation on the intellectual property and what it is so, under its only responsibility.
6. We advise you and you agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims of a violation of the rights of third-parties; or (iv) protect our rights, property, or personal safety and the rights of our partners associated in the Invest in Med program, of Link in Med users and the public.
5 - Link in Med Warranties and responsibility
1. Link in Med does not provide any express warranties about any information, personal data and content available through the service.
Link in Med does not provide any warranties for the delivery of any messages sent through the service.
Link in Med does not provide any warranty that the use of the service and that the information, content or personal data provided by the users, won’t infringe the right of a third party.
Link in Med has no obligation to store, maintain or provide a copy of any content that you or other users provide or have provided when using the service.
2. Link in Med is not liable for the identity under which appear the users, because Link in Med does not verify the identity during the registration.
3. Link in Med is not responsible for the possible dysfunctions due to the nature of the opened networks such as the Internet. You may warn Link in Med immediately of any defect of functioning as soon as it appears.
4. Link in Med is not responsible for damages due to any interruption or errors in functioning. Link in Med is not responsible for any defect of functioning or impossibility of access due to inappropriate equipment, internet services disturbances and for all other reasons not related to Link in Med.
5. Link in Med has no liability associated with or arising from your failure to maintain accurate contact or other information, including.
6. Link in Med may include links to third party web sites. Link in Med is not responsible for the content you may view on the third party web sites. Link in Med may also include or publish hyperlinks to articles, photographs, texts, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. If you decide to leave Link in Med and access a Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
6 - Termination
You may terminate the Agreement, for any or no cause, at any time, with notice to us. The termination will be effective upon we process such notice. ANIMA may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your Link in Med account includes disabling your access to Link in Med (including any content you submitted or others submitted) and may also bar you from any future use of Link in Med.
7 - Survival of obligations
Sections 3.1, 3.3, 4.3, 4.4, 4.5, 4.6 and 5 shall survive termination or non- renewal of this contract.
8 - Settlement of dispute – exclusive jurisdiction
This contract is subject to and interpreted in relation to French law.
If an amicable agreement cannot be reached, any dispute which may arise between the parties in terms of the interpretation or execution of this contract will be settled by the Marseille Commercial Court, which will maintain exclusive jurisdiction, even in the case of plurality of defendants, the introduction of third parties, emergency proceedings or protective proceedings, by injunction or by petition.
9 - General Terms
1. If one or more of the provisions set out in this contract is/are deemed invalid in a law or ruling, or declared invalid by the definitive decision of a competent court, it/they will be considered as not having been written, but the other provisions of this contract will retain their full force and scope.
2. Link in Med can at any time modify, supplement or replace the terms of the Agreement. You will be informed by a notifying by email. If you do not want to agree to the changes, you can terminate the Agreement as describe in Section 5 hereof.
3. User’s rights and obligations under the Agreement are personal. Then, any purported assignment and delegation by the users shall be ineffective. Link in Med may unconditionally assign or delegates all rights and obligations under the Agreement.