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General Terms and Conditions of Use

Object

These General Terms and Conditions are meant to define the ways in which the services of the website clavarum.com, hereafter "The Service," are made available, as well as the conditions of use of the Service by the User. Any access and/or use of the site www.clavarum.com constitutes an acknowledgement and unconditional acceptance of all of these Terms and Conditions. They are, therefore, a contract between clavarum.com and the User. If the User does not agree to all or part of these general terms and conditions, he or she is requested not to use the Service in any way.

Legal Disclaimers

The website clavarum.com is published by:

Clavarum,
headquartered at
Mettmenriedstrasse 15, CH-8606 Naenikon
The director of publication is Hervé Schilling

The hosting company is
Planethoster France
PlanetHoster
4416 Louis B Mayer
Laval, Quebec, H7P 0G1
Canada
Phone:
(Mon-Fri from 10h00 AM to 17h00h PM GMT -5)
+33 1 76 60 41 43

Definitions

Accessing the Service

The Service is accessible at no charge to any User with Internet access. Any costs related to accessing the Service, whether they be costs for hardware, software or Internet access, are solely the responsibility of the User. He or she alone is responsible for the proper functioning of his or her computing equipment as well as for his or her Internet access.

Some areas of the Site are reserved for Members who have logged in with their User Name and Password.

Clavarum reserves the right to refuse access to the Service, at its own discretion and without prior notice, to any User who does not comply with these conditions of use.

Clavarum takes all reasonable measures at its disposal to ensure quality access to the Service, but is under no legal obligation to do so.

Additionally, Clavarum may not be held responsible for any network or server malfunction, or any other event beyond reasonable control, which would block or diminish access to the Service

Clavarum reserves the right to briefly suspend or interrupt access to all or part of the Service without any prior notice, for necessary maintenance or any other reason, without this interruption of service subjecting Clavarum to any obligation to compensate for it.

Intellectual Property

The website clavarum.com, and in particular its content, is protected by French law. Clavarum and Hervé Schilling are the sole owners of all intellectual property rights relating to content on the site (including text, photographs, illustrations, images, logos, etc.).

The texts and illustrations which are explicitly licensed under the Creative Commons licence may under certain conditions be reproduced, distributed or modified without necessarily requiring permission to do so.
The content reproduced on the Site is subject to copyright and its reproduction or distribution, without the express written authorization of Clavarum, constitutes copyright infringement and may be subject to criminal penalties.

"clavarum.com" and "Clavarum" are registered trademarks of Clavarum. Any unauthorized reproduction of these trademarks, logos, and distinctive signs constitutes copyright infringement and may be subject to criminal penalties. Violators face civil and criminal penalties.

The User alone is responsible for the User Content that he or she puts online via the Service, as well as for any texts or opinions that he or she writes. The User expressly grants to Clavarum, at no charge, all intellectual property rights related to the User Content, in particular reproduction, depiction, and adaptation rights, for as long as the term of copyright protection lasts. He or she also agrees that this data does not infringe on the protective interests of any third party whatsoever. To that end, he or she absolves Clavarum from any claim, based directly or indirectly on this information and/or data, that may cause any legal proceedings whatsoever to be brought against Clavarum. He or she also agrees to bear any costs, of any kind whatsoever, resulting from said third-party action against Clavarum, including lawyer's fees and legal expenses.

Clavarum reserves the right to delete any or all User Content, at any time and for any reason, without warning or prior notice. The User is not entitled to any compensation should this occur.

Personal Data

To respect the privacy of its Users, Clavarum guarantees the User the right to correct, access, and remove data concerning said User. The User can exercise this right:

Limitation of Liability

Information distributed on the website clavarum.com comes from purportedly reliable sources and its Users. Nevertheless, Clavarum cannot guarantee the accuracy or completeness of this data. Furthermore, information is provided on this website for information purposes only, and may not be construed as advice or recommendations of any nature whatsoever.

Consequently, the Use of information and content available throughout the site shall not incur any liability whatsoever to Clavarum. The User alone is responsible for the proper and judicious use of the information provided on the Site.

Furthermore, the User agrees to hold harmless and indemnify Clavarum for any damages that may result, directly or indirectly, from using the Service.

Access to certain areas of the clavarum.com website requires a User Name and Password. The Password, chosen by the User, is personal and private. The User agrees to keep his or her password secret and not to divulge it in any way whatsoever. The use of his or her User Name and his or her Password on the Internet is done at the User's own risk. It is the User's responsibility to take all measures needed to protect his or her own data from any disclosure.

Clavarum, however, agrees to implement all means necessary to guarantee the security and privacy of data transmitted. The User is aware that one or several cookies, containing no personal information, may be placed on his or her hard drive in order to facilitate the login and identification process.

The User is aware of the limitations and restrictions of the Internet, and recognises that it is impossible to guarantee total security when transferring data. Clavarum may not be held responsible for any loss or harm arising from the transmission of any information, including User Names and Passwords, via the Service.

Clavarum may not in any case, as far as the law applies, be held responsible for damage and/or harm, direct or indirect, material or immaterial, or of any nature whatsoever, arising from any unavailability of the Service or its Use. The term "Use" must be understood in its broadest sense, to wit, any usage of the Site of any kind, whether legal or not.

The User agrees to comply with all regulations provided for by local law.

Hyperlinks

clavarum.com includes hyperlinks to websites published and/or managed by third parties.

As Clavarum cannot control these external resources, the User recognises that Clavarum takes no responsibility for them, and cannot be held responsible for their content.

Force majeure

Clavarum shall not be held liable in the event of force majeure or any events outside its control.

Modifications to this Contract

Clavarum reserves the right to modify the terms and conditions of this contract at any time.

The User is therefore advised to regularly consult the latest version of the Terms and Conditions of Use available at www.clavarum.com.

Duration and Dissolution

The contract is agreed to for an indefinite duration, beginning with Use of the Service by the User.

Legal Jurisdiction

French law applies to the content and data transmission on and related to this website. The French language version of this Contract shall govern over any translation.

Any legal matter that may arise, and which cannot be resolved through mutual agreement, will be governed by the jurisdiction of French courts.

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©Hervé Schilling