Terms and conditions of use

ARTICLE 1 - PURPOSE OF THE GENERAL TERMS OF USE

These general conditions of use (hereinafter the "TOU") are intended to define the conditions of use and access to the Site owned by LINKYNET (hereinafter "Linkbynet") that users (hereinafter "Users") accept by the mere fact of consulting them.

By accessing and using this Site, you agree to the following terms and conditions, without limitation or qualification.
 
The TOS are subject to French law and may be modified at any time without notice. The use and consultation of the Site is limited to personal and non-commercial purposes.
 
In general, the User is forbidden to use all or part of the Site for illicit purposes or contrary to these GTU.

The GCU are opposable to any User who connects to the Site.

ARTICLE 2 - DESCRIPTION OF THE SITE

The Site is only accessible online at the following addresses

www.linkbynet.com
linkbynet.fr
linkbynet.ca
linkbynet.com
blog.www.linkbynet.com
blog.linkbynet.ca
rse.www.linkbynet.com
extranet.www.linkbynet.com
jobs.www.linkbynet.com
linkbynet.io/
thewatchmakers.com/
shakeit2017.fr


The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between Users and Linkbynet. Links on this Site may lead to services or sites not operated by Linkbynet. No judgment or warranty is made with respect to such other services or sites and Linkbynet assumes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this Site, or any site or service linked to this Site, is at your own risk.

The Site has been created to provide you with information regarding Linkbynet.

As the Site is updated to reflect current activity, some new information, services or announcements may no longer be valid at the time they are posted or may be outdated. Linkbynet cannot guarantee, although it makes the necessary efforts, the perfect update of all the information, services that are published on the Site.

Linkbynet does not guarantee the accuracy and completeness of the information and services contained on the Site. Linkbynet will proceed as far as possible to the corresponding rectifications. The information and services offered may have been updated between the time the Users viewed them and the time the Users become aware of them. Linkbynet does not guarantee in any way that this information and these services are accurate, complete and up-to-date.

The use of the Site is under the sole and entire responsibility of the User. Linkbynet shall not be liable for any results obtained from the use of the Site.
 
Except as otherwise expressly provided, any new feature that enhances or augments one or more existing service(s) or any new service launched by Linkbynet shall be subject to the TOU.

Users agree that the service is provided to them "as is".

Users agree to use the Site in accordance with the purposes described in the TOS, not to divert the purposes of the Site and not to attempt to divert Users to another service.

ARTICLE 3- SITE ACCESS MODALITIES

3.1. To access the Site, the User must have the necessary hardware and software skills. In order to access the Site via a computer, a tablet, a cell phone (hereinafter the "Equipment"), the User must have appropriate broadband Internet access, a telephone subscription allowing Internet access from a computer/tablet/mobile phone compatible with the technical requirements necessary to do so.

The User acknowledges that the conditions of the contract with his/her Internet/mobile phone operator will continue to apply when using the Site. The User shall be solely responsible for all costs that may be claimed by the operator related to access to Internet, wifi, wap and/or 3G/4G/5G connection services when using the Site.

The User agrees not to interfere with or disrupt the proper functioning of the Site, servers, networks and/or to modify, adapt, hack the Site and/or modify a third-party application or site in such a way as to cause confusion as to the link with the Site.

The User is aware of the constraints and limits of the Internet and telecommunication networks and consequently undertakes at least to:

Protect its Equipment against any form of virus, attempt of intrusion, access and/or unauthorized use by third parties;
Ensure the conditions of installation, operation and maintenance of its Equipment necessary for the proper functioning of the Site.

2. Obligations of Users

By using the Site, Users are forbidden, without this list being exhaustive, to:

 - Use the Site to make political, propaganda or proselytizing
 - Divert the Site from its purpose;
 - Carry out illegal activities, in particular infringing on the holders of rights to the texts, photographs, images, texts, videos, etc. ;
 - To advertise or incite other Users to use any other service, competitor or not;
 - To undermine in any way whatsoever the functioning of the Site;
 - To infringe the laws on intellectual property;
 - To infringe the laws and regulations in force

Users are prohibited, without this list being exhaustive, from:

Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or ethnically offensive or otherwise objectionable;


Consult, post, upload or transmit any content that is contrary to the laws in force in the country in which the site is consulted, particularly with regard to intellectual property;

- Attempt to mislead other Users by impersonating another person's name or business name, particularly by impersonating a Linkbynet employee or affiliate, moderator, guide or host;

- Upload, post, email or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment without limitation;

- Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right (collectively, "Rights") of any party;

- Disrupt the normal flow of dialogue, accelerate the rate of screen scrolling so that Users are unable to follow and type their dialogue, or commit any action that has a similarly disruptive effect on Users' ability to communicate in real time;

- Interfere with or disrupt the Site, servers, or networks connected to the Site or refuse to comply with any requirements, procedures, policies or regulations of networks connected to the Site;

- Harass another User or Users in any way;

- Collect and store personal data, identification data, relating to other Users.

Linkbynet or any person or entity designated by Linkbynet, shall have the right to remove or delete any content that violates the terms of this Agreement and/or any applicable law and/or is otherwise objectionable.

Users also acknowledge that they must exercise good judgment and bear all related risks in their use of the Site and the services accessible through it.

ARTICLE 4 - INFORMATION CONTAINED ON THE SITE

4.1 Information and possible related services

Unless otherwise stipulated, the information and any associated services present on the Site constitute a general presentation of Linkbynet. This information is provided for information purposes only and is not contractual.

 4.2. Use of the advice provided on the Site

Information is made available to Users on the Site. This provision does not entail the transfer of any property right attached to the information.  Users are only granted a license to consult and use this information, on a non-exclusive basis and for their private use. As such, Users are prohibited from copying or reproducing all or part of the information by any means and on any medium, existing or future, from translating the information into any other language or language, from adapting the information.

Linkbynet shall not be liable, without limitation, for any consequences, direct or indirect, and/or for any damage that may occur as a result of defective or pirated information. Furthermore, Linkbynet does not assume any obligation of result but of means as to the information, which will be delivered to the Users.

Finally, Linkbynet makes no warranties, express or implied, and assumes no responsibility for the use of this information. This information is provided for information purposes only.

ARTICLE 5 - GUARANTEES AND LIABILITY

5.1 Liability

The use of the Site is under the sole, exclusive and entire responsibility of the Users. Users undertake to use the Site in accordance with its intended purpose.
Linkbynet makes its best efforts to ensure the peaceful enjoyment of the Site by Users. Linkbynet guarantees that the Site complies with current French legal provisions and industry standards applicable to websites.

Users agree not to voluntarily or unintentionally introduce viruses, bugs or files of any kind that may disrupt the operation of the Site. In such a case, they alone would assume full responsibility.

In the spirit of respect for all, Linkbynet may take legal action against indelicate Users. The User declares and guarantees that he/she is fully aware of the characteristics and constraints of the Internet, and in particular that the transmission of data and information on the Internet is only relatively technically reliable, as it circulates on heterogeneous networks with diverse characteristics and technical capacities, which disrupt access or make it impossible at certain times.
 
Linkbynet cannot be held responsible for any damage arising from the connection to the Site or the use of the Site by a User. Linkbynet shall not be liable for any errors, omissions, viruses or results that may be obtained through misuse of the services, information and the Site. Linkbynet is only bound by a simple obligation of means.

Linkbynet, the managers or employees of Linkbynet and/or its affiliates shall not be held responsible, in particular and without this list being exhaustive

For any damage whatsoever resulting from connection, access or use of the Site

Damage resulting directly or indirectly from the consultation of the Site or the use of the services available on it;

Under no circumstances shall Linkbynet be held responsible for any loss of information or services that may be associated with or related to these services. Any information or services provided by the Site shall not be construed as a warranty of any kind.

Subject to applicable legal or regulatory provisions, Linkbynet shall not be held responsible for any damage that may occur as a result of the use or impossibility of use of the Site, and more generally for any event related to the Site and/or any third party site.

5.2. Modification or termination of the Site

Linkbynet endeavors to keep the Site accessible 7 days a week and 24 hours a day, but is under no obligation to do so. Linkbynet may therefore interrupt access to it, in particular for maintenance and upgrading reasons. Linkbynet is in no way responsible for the entirety of these interruptions and the consequences that may result for the User or any third party.

Linkbynet reserves the right to modify or delete without notice the Site (content), without any liability. The deletion or modification of the Site does not justify in any way for the Users a particular counterpart, nor the allocation of damages.

5.3 Warranty

The Users acknowledge and expressly accept that :

their use of the Site and any associated services is at their own risk. These associated services are provided "as is" and accessible according to their availability, Linkbynet does not provide any express or implied warranty relating to the quality and compatibility of the services for a specific use, and the non-infringement of the rules of use of the Site by its Users (this enumeration not being limitative).

Linkbynet does not warrant that the Site and/or any associated services will meet their expectations; that it/they will be uninterrupted, timely, secure or error-free; that the results that may be obtained from the use of the services will be accurate and reliable; that the quality of any services, information or other material obtained by them will meet their expectations; that defects in the software used, if any, will be corrected.

Any material downloaded or otherwise obtained through the use of the Site is done so at the Users' own risk. Users will be solely responsible for any damage to their Equipment or loss of data resulting from the downloading of such material.

ARTICLE 6 - INTELLECTUAL PROPERTY

Except as otherwise provided herein, all elements appearing on the Site (including but not limited to texts, data, databases, graphics, logos, trademarks, names, animations, images, videos, sounds, software and all other elements) (hereinafter the "Elements") are and remain the exclusive property of Linkbynet, and are subject to French and international legislation on copyright and more broadly on intellectual property.

These Elements are protected by copyrights, trademarks, patents, database rights, trade secrets and/or any other intellectual property rights.
All rights of reproduction, representation and public communication are reserved, including visual representations, photographs, iconographies or other. The reproduction of all or part of the Site on any electronic medium whatsoever is strictly prohibited without the express authorization of the Director of the publication.

The brands and logos used on the Site have been registered, their reproduction would constitute an infringement. All rights of use are reserved. In accordance with article L.122-4 of the intellectual property code, any representation or reproduction not expressly authorized, in whole or in part and by any means whatsoever, would be illegal and would constitute an infringement punishable by articles L.335-2 and following of the intellectual property code.
 
The User is not authorized to sell, copy, rent, commercialize, transfer, assign, or otherwise sub-license, modify, adapt the Site and any of its associated elements, merge it in whole or in part into another software program, translate it, decompile it, disassemble it, or create any software program, or any functions derived from the Site without the express written authorization of the Director of the publication

Linkbynet grants to the User a free, non-exclusive, non-transferable, personal and limited to his private use license to access, use and display the Site and its Elements. This right is granted for exclusively personal, private and non-commercial use, and subject to retaining all mentions relating to reproduction and intellectual property rights. In this respect, the User is prohibited from copying and/or reproducing all or part of the Elements by any means and on any medium, existing or future, from translating the Elements into any other language or language and from adapting the Elements.

Any other use of the Elements is strictly prohibited and constitutes a violation of the provisions of the Intellectual Property Code.

ARTICLE 7 - PERSONAL DATA

For more information on the PERSONAL DATA PROTECTION POLICY on the Site, Linkbynet invites Users to consult the privacy policy.

ARTICLE 8 - HYPERTEXT LINKS

The User is informed that Linkbynet may provide links to websites and/or applications belonging or not to Linkbynet. These websites and/or applications are independent from the Site.
Linkbynet does not edit or control the sources and contents of these websites or their links to other websites and/or applications.
The links to these websites and/or applications do not constitute in any way an approval, validation or endorsement by Linkbynet of the content of these websites and/or applications and, a fortiori, of the use that could be made of them.
Consequently, Linkbynet cannot be held responsible for the content, products, services, advertising, cookies or other elements of these websites as well as for any damage or loss, proven or alleged, consecutive or in relation with the use of this information, services or data available on these websites and/or applications.

ARTICLE 9 - COOKIE POLICY

For more information on the use of Cookies on the Site, Linkbynet invites Users to consult the Cookies policy.

ARTICLE 10 - NON-WAIVER AND PARTIAL NULLITY

In the event that one of the provisions of the GCU is null and void due to a change in legislation, regulations or a court decision, this will not affect the validity and respect of the other provisions of the GCU. The fact that one of the Parties does not avail itself of any of the provisions of the GTU shall not constitute a waiver of its right to avail itself of this same provision at a later date.

ARTICLE 11 - MISCELLANEOUS PROVISIONS

In the event that a provision of the GTU loses its validity or if the GTU contains a gap, the provision in question will be replaced by the one that is closest to it in terms of legal interpretation.

Users declare and acknowledge that they have read the TOS and that use of the Site constitutes full and unconditional acceptance of all the TOS.

For any question concerning the GCU, or question or remark on the Site or its user account, the Users can write to the following address: webmaster@linkbynet.com

ARTICLE 12 - MODIFICATION OF THE GCU

The TOS may be modified at any time by Linkbynet. These modifications will be notified to Users. Any use of the Site after notification of a modification will be considered as acceptance of the GCU. The applicable TOS will then be those in force on the Site at the date of their use by a User.

In case of disagreement with the modifications of the GTU, the User commits himself not to access the Site. 
In case of translation of the GTU, only the French version is valid and applicable.

ARTICLE 13 - APPLICABLE LAW AND COMPETENT COURTS

The GTU are subject to French law.
Any dispute arising in connection with the TOS shall be submitted to mediation, prior to any judicial or arbitral action. If mediation fails, the dispute will be brought before the competent French court.