Terms of use
Last updated: 3rd of April 2017
Welcome to the MASA Group Web site (the ‘Site’). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms”).
Please read carefully the following Terms and MASA Privacy Policy, which may be found at the end of these Terms and which is part of these Terms. These Terms govern your access to and use of the Site and, except as otherwise provided in these Terms, all text, graphics, images, music, audio, video, information or other materials available through the Site (“Content”).
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Use of Web site information
Subject to your compliance with the terms and conditions of these Terms, MASA grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal, informational and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site and Content in whole or in part, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MASA or its licensors, except for the licenses and rights expressly granted in these Terms.
MASA Group does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to MASA Group will be deemed NOT to be confidential.
Modification
MASA reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or to modify these Terms, at any time and without prior notice. By continuing to access or use the Site after MASA have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site. If there is a conflict between the Terms and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site. Information may be changed or updated without notice. MASA may also make improvements and/or changes in the products and/or the services described in this information at any time without notice.
Eligibility
The Site is intended solely for persons who are 13 or older provided, however, you must be at least 18 to make purchases or submit content to MASA. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
MASA Account Registration
In order to register for a MASA Account you must be at least 13 years old. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MASA reserves the right to suspend or terminate your MASA Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your MASA Account, whether or not you have authorized such activities or actions. You will immediately notify MASA of any unauthorized use of your MASA Account.
Purchases; Billing Information
MASA may makes Software licenses, upgrades and support services available for purchase and download via the Site. If you choose to make a purchase via the Site, you will be asked to provide customary billing information such as name, company name, billing address, credit card information and VAT number (for EU residents) either to MASA or its third party payment processor. VAT numbers cannot be added or changed after the purchase is completed. You agree to pay MASA for all purchases (including all applicable taxes) made via the Site and you hereby authorize the collection of such amounts by charging the credit card provided as part of your order, either directly by MASA or indirectly, via a third party online payment processor. MASA may also disable all copies of the Software you have licensed in the event you fail to make all payments due. If you are directed to MASA’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s Privacy Policy. Please review such third party’s terms and conditions and privacy policy before using the services. All sales are final and there shall be no refunds except as required by law. Further, MASA will not allow changes to MASA accounts, software license Keys (as defined in the SLA) and the associated licensed software products after you complete your purchase. For more information about MASA license policies, please contact our sales team at sales@masagroup.net.
Ownership
The Site is protected by copyright, trademark, and other laws of France and foreign countries. Except as expressly provided in these Terms, MASA and its licensors exclusively own all right, title and interest in and to the Site and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, and Content.
Feedback
MASA welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback”). You may submit Feedback via webmaster@masagroup.net. You acknowledge and agree that all Feedback will be the sole and exclusive property of MASA and you hereby irrevocably assign to MASA and agree to irrevocably assign to MASA all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At MASA’s request and expense, you will execute documents and take such further acts as MASA may reasonably request to assist MASA to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
General Prohibitions
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, MASA’s name, any MASA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MASA’s express written consent;
- Access, tamper with, or use non-public areas of the Site, MASA’s computer systems, or the technical delivery systems of MASA’s providers;
- Attempt to probe, scan, or test the vulnerability of any MASA system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MASA or any of MASA’s providers or any other third party (including another user) to protect the Site, or Content;
- Attempt to access or search the Site or Content or download Content or Software from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MASA or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a MASA trademark, logo URL or product name without MASA’s express written consent;
- Use the Site or Content in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
MASA will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MASA may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that MASA has no obligation to monitor your access to or use of the Site or Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.. Without limiting the foregoing, MASA and its designees shall have the right, at any time and without prior notice, to remove or disable access to any Content that violates these Terms, is otherwise harmful to the Site, or is otherwise objectionable in MASA’s sole discretion.
Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that MASA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MASA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that MASA is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that MASA is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Termination and Account Cancellation
If you breach any of these Terms, MASA will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. MASA reserves the right to revoke your access to and use of the Site and to terminate these Terms, with or without cause, at any time. In the event MASA terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to webmaster@masagroup.net.
Disclaimers
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN « AS IS » AND « AS AVAILABLE » BASIS. MASA GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MASA GROUP MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MASA GROUP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. MASA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE.
Indemnity
You agree to defend, indemnify, and hold MASA, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site or Content, or (ii) your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND COMMUNITY REMAINS WITH YOU. NEITHER MASA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND COMMUNITY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE AND COMMUNITY, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE AND COMMUNITY OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND COMMUNITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MASA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MASA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE AND COMMUNITY CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MASA FOR USE OF THE SITE AND COMMUNITY OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO MASA, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MASA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of MASA used herein are trademarks or registered trademarks of MASA. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of France, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be the exclusive jurisdiction of the commercial court of Paris. Notwithstanding the foregoing, you agree that MASA shall have the right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between MASA and you regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MASA and you regarding the Site.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without MASA’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MASA may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
General
The failure of MASA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MASA. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting MASA
If you have any questions about these Terms, please contact MASA at webmaster@masagroup.net.
Privacy Policy
Last updated: 3rd of April 2017
MASA does not collect users’ personal information, neither passively nor actively. Personal Information may only be provided voluntarily by users when they:
- register with MASA and create a MASA Account,
- make a purchase via the Site,
- submit a request for technical support,
- submit a request for information about the Site,
- download, register, and/or install any MASA software, or
- post any content via the Site.
This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, company, phone number, credit card or other billing information, email address and home and business postal addresses.
MASA Group may use your Personal Information mainly to provide and improve the services, complete your transactions, enforce licensing terms, and administer your inquiries. MASA may also use your Personal Information to contact you with MASA newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from MASA, you may follow the unsubscribe instructions provided in any of the communications.
In compliance with article 40 of the French Data Privacy Act (Loi Informatique et Libertés) of January 6, 1978, users have the right to access, modify, correct or delete any personal information that MASA Group may have collected and/or received.
To do so, please contact: webmaster@masagroup.net.
Legal Notice
Last updated: 3rd of April 2017
This Web Site is edited and hosted by:
MASA Group S.A.
8 rue de la Michodière
75002 Paris
France
Registered at the Companies House (R.C.S.) of Paris under number B 408 953 271
VAT Number : FR42 408 953 271
Issued Share Capital: 1.525.000 euros
Telephone number: +33 1 55 43 13 20
Publication Director: David Chouraqui
Copyright Notice
© Copyright 2001 MASA Group. All rights reserved.
Trademark Information
DirectIA® is a registered trademark of MASA Group. Other names appearing on the Site may be trademarks of their respective owners.
