Terms & Conditions

General Terms of Use for the “planete-carlin.paris” Site

1. ACCEPTANCE OF TERMS OF USE

1.1 By accessing the “planete-carlin.paris” website (hereinafter referred to as the “Site”, or by using it in any manner, you are acknowledging your acceptance of the general terms of use and are required to adhere to them as they are presented in this document, as well as to any modifications which Carlin may occasionally make to them (collectively, the “Terms of Use.”) If you do not accept these terms of use in their entirety, do not access this site, and do not use it.

1.2 Carlin may modify these terms of use, as well as other specific rules and regulations published on the Site. Your continued access to or use of the Site implies your acceptance of these changes. Access to and use of the Site are subject to the current version of the Terms of Use at the time the site is used. If you fail to adhere to any of the Terms of Use, your right to access the Site or use it will be automatically rescinded.

No conditions may be added or deleted except in written form, accepted in writing by the Parties or their legal representatives, or electronically shared by Carlin and accepted by you or your authorized legal representative.

If you have questions about the Site, these Terms of Use, or the Terms of Use of the Site, please contact Carlin at contact@planete-carlin.paris or by phone at +33 (0)1 53 04 42 00.

2. DEFINITIONS

2.1 “You” means you or, if you act in the name and on behalf of your employer, your client, or the member account owner, “you” means the employer, client, or account owner;

2.2 “Carlin,” “we,” or “us” means the Carlin International Group, société anonyme with a capital of 220,000€, registered with the Paris Registre de commerce et des sociétés under the number B 331 153 221, and having its siège social at 79 rue de Miromesnil, 75008 Paris (France), as well as the subsidiaries of the Carlin Group;

2.3 “Content” means any Flash file, film, or image, vector image, drawing, illustration, animation, video sequence, visual or audio representation, whether electronic, digital, or generated by any other means, or any other medium or element that you download from the Site, as well as any digital notebook, minutes, or other report available on the Site, and any relevant documentation.

3. DURATION

The present Terms of Use of the Site remain in effect during the entire duration of the general licensing conditions.

4. USE OF THE SITE, ITS CONTENT, & RESTRICTIONS

4.1 The Site, its images, and other content elements (hereafter, the “Content”) are provided exclusively for Carlin’s clients. You may not use this Site or its Content in any way outside the purview of your commercial relationship with Carlin.

You may not share your password with a User or a third party unless permission to do so is expressly granted in the present general conditions, and you agree to keep all passwords related to any subscriptions you may have strictly confidential.

You are responsible for tracking all your user account activity, and must furthermore:

  1. ensure the security of your username and passwords;
  2. notify Carlin immediately if your account has been used in an unauthorized manner, or if there are security issues related to your account;
  3. accept full responsibility for any activity taking place on your account; and
  4. accept all risks relative to unauthorized access to your account by individuals who may act, legitimately or not, in your name.

4.2 Furthermore, it is expressly prohibited:

  1. to transfer, copy, or download the Site Content, in whole or in part, without a license, subscription, or written permission from Carlin. This is prohibited even if you haven’t accepted the general licensing terms or the present Terms of Use of the Site, or if you copy, download, or transfer in violation of the license, the subscription, or the written agreement with Carlin, or in violation of the present Terms of Use of the Site;
  2. to manipulate or display the Site or its content, in whole or in part, using a “framing” technology or any other similar technology;
  3. to use the Site or its Content, in whole or in part, for prohibited purposes as determined by Carlin and at its sole discretion. These prohibitions specifically include, but are not limited to, defamation or insults, bullying, threatening, or violating others’ rights (for example, rights relative to the protection of one’s private life), or the publication or distribution of defamatory, prohibited, obscene, pornographic, indecent, or illicit content, or content of a sexual nature;
  4. to use data mining methods, robots or other similar data collection or extraction methods; and

4.3 You must not interfere with the Site’s security or any other system, service, or network resource connected to or accessible by this Site. You must only use the Site for appropriate purposes based on the present Terms of Use and general licensing conditions.

4.4 If you fail to respect one of the stipulations of this section, Carlin reserves the right:

  1. to monitor your account to detect any abuse of your username and/or password, or, more generally, any non-compliant use of your account;
  2. to suspend or end your subscription without notice or indemnity if Carlin has a reasonable basis for believing that the present Terms of Use have been violated, and/or your username(s) or password(s) have been shared;
  3. to initiate any action, specifically legal action, in order to defend its interests.

5. INTELLECTUAL PROPERTY OF THE SITE ELEMENTS

5.1 Any element present on the Site is the property of Carlin, its licensors, or any other person owning the intellectual property rights. On this basis, any element may be protected by intellectual property laws, including laws relating to copyright, trademarks, commercial names, internet domain names, and other similar laws.

5.2 Any use of these elements beyond the scope of the present Terms of Use and general licensing conditions, without written permission from Carlin or the person owning the intellectual property rights of these elements, is prohibited.

5.3 The material must not be used and copied except for the purposes and in the manner authorized by the general licensing conditions, and only insofar as the copyright notices or other intellectual property notices are not removed. You may not create derivative work or use the material in any manner not authorized by the general licensing conditions or by the present Terms of Use.

6. REGISTERED TRADEMARKS

6.1 For the purposes of the present Terms of Use of the Site and general licensing conditions, the term “brand(s)” means all of the registered or unregistered trademarks, and all of the logos, service marks, brand names, internet domain names, or other indications of origin used by Carlin now or in the future.

6.2 “Carlin,” “planete-Carlin,” and any other name, product, or service slogan contained on the Site are Carlin’s brands and those of its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Carlin or from the brand owner, as the case may be. You are not authorized to use the metatags or any other “hidden text” using “Carlin” or any other of Carlin’s names, brands, product names, or services without our prior written permission. Furthermore, the Site’s appearance and design, including the page headers, personalized graphics, button icons and scripts, are service marks, trademarks, and/or patents belonging to Carlin and may not be copied, imitated, or used, in whole or in part, without prior written permission.

6.3 The other commercial brands, trademarks, product names, and company names or logos displayed on the Site belong to their respective owners. A reference to products, services, processes, or other information using a commercial name, brand, manufacturer, supplier, or other information does not constitute or imply our acceptance, affiliation, or recommendation of the person or company.

7. PERSONAL DATA AND PRIVATE LIFE

7.1 Carlin will use and protect your personal data, such as your name and address, in accordance with French law n°78-17 of 6 January 1978 concerning computers, files, and freedoms.

7.2 This law requires the person or company collecting data to obtain authorization from the person from whom the data is collected. Furthermore, the data collected must be relevant, fair, correct, and collected for a specific purpose.

7.3 By accepting the terms and conditions of the present general conditions and of the Terms of Use of the Site, you acknowledge that you are familiar with Carlin’s use of your personal data for purposes relating to the present general conditions, and that you accept it.

7.4 The personal data collected by Carlin via its Site or any other means relating to the present general conditions or Terms of Use of the Site are collected for organizational purposes and internal use. They are not shared with other organizations for commercial purposes, but they are used by Carlin for such purposes, as well as for statistical purposes, Content improvement, and information.

7.5 By using and visiting the Site, you are agreeing to Carlin’s policy regarding protection of private life, and you authorize the collection, processing, and use of your data as stipulated in the present sub-section.

7.6 By virtue of the French law of 6 January 1978, you have the right to consult, correct, and delete your data. If you wish to do so, please send a written request to Carlin specifying your request and attaching proof of identity.

7.7 You may decline Carlin’s use of your personal data for direct marketing purposes, free of charge.

7.8 The Site may contain links to other sites. When you follow those links, you are automatically subject to the personal data processing and confidentiality policy of the other site. Carlin cannot be held responsible for any violation of your private data made by a third-party site.

7.9 The Site uses cookies. These are small files sent by a server which are installed on your computer’s hard drive. The file saves a certain amount of data concerning sites visited. The use of cookies allows Carlin to offer you the best service possible when you visit the site. All of the information collected via cookies is for internal use, in order to determine traffic and profile analyses, in particular, or how we can better meet your needs.

7.10 Carlin reserves the right to adapt the present conditions about personal data and privacy at any time. Should this occur, Carlin will inform you of the change via the Site.

8. SITE UPDATES

Carlin regularly updates the Site’s information, software, and Content. For this reason, Carlin cannot guarantee any commitment or accept any responsibility about the accuracy, circulation, or presence of information, material, or Content on the Site. Carlin may revise, add, modify, or remove information, services, material, or Content on the Site. Carlin also reserves the right to make such changes without notification to past, present, or future Site users.

9. WEBSITE LINKS (HYPERLINKS)

If Carlin provides links on its Site to a third-party website, or allows a third party to provide a link from its website to Carlin’s Site, you accept the fact that Carlin grants no explicit or implicit warranty of any kind and that it accepts no responsibility for the content or practices of these third parties or their websites.

These websites cannot be under Carlin’s control, and Carlin provides and/or allows these links solely for your comfort. The presence of a link to a third-party website does not apply an affiliation, support, or use by Carlin. Carlin may not be held responsible or be implicated, directly or indirectly, for any damages or losses caused or claimed to have been caused by or in relation with the use of or the reliance on any information, content, goods, or services available through any third party, website, or linked resource.

10. INTERNET SOFTWARE OR COMPUTER VIRUS

10.1 The internet, internet software, or internet transmission may have technical difficulties. Problems may arise due to these difficulties; for example, inadequate or incomplete copies of information or material obtained on the Site, or computer viruses, or other destructive programs inadvertently placed on the Site.

10.2 Carlin may not be held responsible or implicated under any circumstances for any software, computer virus, or other destructive, disruptive, or damaging file, or any program infecting your computer equipment or any other property, or having an impact on the use of such equipment or any other property, based on your access to, use of, or browsing of this Site or the downloading of any material or Content from this Site. Carlin recommends that you install an appropriate anti-virus program or other similar protective program on your computer equipment.

11. SITE AND MATERIAL PROVIDED “AS-IS”

11.1 THE SITE, THE SERVICES, THE DOCUMENTATION, THE CONTENT, AND ALL MATERIAL ARE ALL PROVIDED “AS-IS” WITHOUT ANY TYPE OF EXPRESS OR IMPLIED REPRESENTATION, WARRANTY, OR CONDITION OF QUALIFICATION, ABSENCE OF INFRINGEMENT, MERCHANTABILITY, ADEQUACY FOR ANY PARTICULAR USE, COMMERCIALIZATION CONDITIONS, OR APPROPRIATE USE FOR SPECIFIC ENDS.

11.2 CARLIN DOES NOT REPRESENT OR GUARANTEE UNDER ANY CIRCUMSTANCES THAT THE SITE OR ANY MATERIAL WILL RESPECT YOUR REQUIREMENTS, MEET YOUR NEEDS, OR THAT ITS USE WILL NOT BE INTERRUPTED OR FREE FROM ERRORS, THAT ACCESS TO THE SITE WILL NOT BE INTERRUPTED, OR THAT ERRORS OR DEFECTS OF THE SITE, OF THE SERVICES, OR OF THE DOCUMENTATION WILL BE RECTIFIED.

12. LIMITATION OF LIABILITY

YOU ASSUME ALL RISKS AND RESPONSIBILITIES OF USING THE SITE, INCLUDING BUT NOT LIMITED TO ANY CONTENT OR INFORMATION CONTAINED THEREIN.

CARLIN, ANY OF ITS DIRECTORS, EMPLOYEES, STOCKHOLDERS, PARTNERS, AGENTS, OR LICENSE HOLDERS, WILL NOT BE HELD RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INTERRUPTION, COMMERCIAL LOSS, INFORMATION LOSS, OR ANY OTHER FINANCIAL LOSS, RELATIVE TO ANY CLAIM, LOSS, DAMAGE, ACTION, JUDICIAL PROCEEDING, OR OTHER PROCEEDING SUBJECT OR NOT TO THE PRESENT TERMS OF USE.

IN ANY EVENT, RESPONSIBILITY WILL BE LIMITED TO THE AMOUNT PAID AS A SUBSCRIPTION.

13. INDEMNIFICATION

You agree to defend, indemnify, and protect Carlin, its subsidiaries, groups, licensors, employees, agents, external information providers, contributors, and independent contractors against any claims and damages, fees, costs, receivables, and expenses (including, but not limited to, reasonable lawyer fees) caused by your use of or inability to use the Site, any violation on your part, whether proven or presumed, of the general licensing conditions or the present Terms of Use, or of any representation or guarantee contained in the present terms, your unauthorized use of the Content in whole or in part, of the Site material, or any violation on your part of any other right.

14. MISCELLANEOUS

Audit/Certificate of conformity

Upon notification sent within a reasonable time frame, you must provide samples demonstrating your use of the Site to Carlin. Furthermore, in order to ensure the proper adherence to the stipulations of the present Terms of Use, upon notification addressed in a reasonable time frame, Carlin may verify your files that relate directly to the present Terms of Use and the use of the Site at its discretion, through its own employees or a third party. If such verification shows damages caused to Carlin, you will have to pay the difference to Carlin, and reimburse the auditing fees. If Carlin has a reason to believe that the Site is being used for purposes other than those outlined in the present Terms of Use, you must, at Carlin’s request, provide a certificate of conformity signed by yourself or your authorized representative, in a format approved by Carlin.

Applicable Law and Jurisdiction

The present Terms of Use are subject to and interpreted by French law. The parties agree that sole jurisdiction is that of Paris, including in interlocutory procedures or warranty appeals.

Acknowledgement of the document and of the general licensing terms

YOU ACKNOWLEDGE THAT YOU HAVE READ THE PRESENT TERMS OF USE, YOU UNDERSTAND THEM, AND YOU HAVE HAD THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL COUNSEL BEFORE ACCEPTING THEM. IN EXCHANGE FOR THE PROVISION OF CONTENT BY CARLIN, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE PRESENT TERMS OF USE. FURTHERMORE, YOU ACKNOWLEDGE THAT THE PRESENT TERMS OF USE CANCEL AND REPLACE ANY PRIOR PROPOSITION OR AGREEMENT, WRITTEN OR VERBAL, CONCLUDED BETWEEN CARLIN AND YOURSELF AND RELATING TO THE PURPOSE OF THE PRESENT TERMS OF USE.

See also our Licensing Conditions