Eclair is a registered trademark of JMS in the European Union and certain other international countries.
PLEASE READ THIS LEGAL NOTICE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE, RELATED SITES AND MOBILE SITES AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Last updated: June 1, 2022
YOUR USE OF AND BROWSING IN THE SITES ARE YOUR SOLE RESPONSIBILITY. NEITHER ECLAIR DIGITAL SERVICES FRANCE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A WARNING. ECLAIR DIGITAL SERVICES FRANCE SA EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE OR REVISE THE CONTENT OF THE SITES, EVEN IF WE ARE AUTHORIZED TO DO SO AT ANY TIME, WITH OR WITHOUT NOTICE.
GENERAL CONDITIONS OF USE
Eclair is a registered trademark in the European Union and certain other international countries.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE USE OF THIS WEBSITE, RELATED SITES AND MOBILE SITES, AS WELL AS LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR BROWSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS OF USE
Last update: October 2022
Because the Sites are accessible worldwide, if you choose to access these Sites from locations other than France, Belgium or other European Union countries, you do so on your own initiative and are responsible for compliance with applicable local rules of use, laws and regulations, including those relating to the transmission of technical data exported or imported from France or from a country in which you reside. Notwithstanding the foregoing, Eclair Digital Services France makes no representation that materials on the Sites are appropriate or available for use in locations outside of France or Belgium, as the case may be, and accessing them from territories where their content is illegal is prohibited.
Content of the Sites
Unless otherwise specified, the Sites, and all materials on the Sites, including data, text, images, illustrations, designs, icons, photographs, video clips and other materials, as well as any known or unknown rights in such materials, shall be subject to intellectual property or similar laws in any jurisdiction in the world (collectively, the “Contents”), and are owned, controlled or licensed by Eclair Digital Services. We do not warrant or represent that your use of materials displayed on the Sites will not infringe rights of third parties not owned by or affiliated with Eclair Digital Services France.
The Sites and the content are intended solely for your personal, non-commercial use. You are authorized to view, download and print hard copies of pages from the Sites for your personal, non-commercial and lawful use, provided that such copies clearly display the copyright and all other notices relating to Eclair Digital Services France’s proprietary rights. No right, title or interest in downloaded content is granted to you following viewing, downloading or printing.
Except for the foregoing, you may not reproduce or communicate with the public by telecommunication, publish, transmit, distribute, display, modify, create derivative works from, sell, rent or exploit in any way any of the content or the Sites. Without limiting the generality of the foregoing, you will not distribute, modify, transmit, reuse, republish or use the contents of the Sites for any public or commercial purpose, including text, images, audio, and video, without the express written permission of Eclair Digital Services France. Furthermore, the contents may not be modified or changed, mixed with other data or published in any form whatsoever, in whole or in part, including “screen capture”, “database retrieval” or any other activity aimed at collecting, storing, reorganizing or manipulating the contents on the pages produced or displayed on the Sites.
When viewing the Sites, you must not use the technology to display the content of the Sites in the frame or in any other way that is different from how it would appear if a user were to type the URL into the browser. The link must result in a new, fully functional, full-screen browser window populated solely with pages created by the Sites.
You acknowledge that unauthorized use of the Sites or content may cause irreparable harm to Eclair Digital Services France and that in the event of unauthorized use, Eclair Digital Services France shall have the right to seek injunctive relief in addition to any other remedies available at law or in equity.
Right to modify, suspend or discontinue the Sites
We reserve the right, at any time and in our sole discretion, to: modify, suspend, discontinue or limit the use of any portion of the Sites or any service, content, feature or product offered by the Sites, with or without notice; charge fees related to the use of the Sites; modify and/or waive any management fees related to the use of the Sites; and/or provide opportunities to some or all users of the Sites. You acknowledge that we shall not be liable to you or any third party for any modification, suspension, discontinuance or limitation of the Sites, or any service, content, feature or product offered through the Sites.
Errors, Inaccuracies and Omissions
The Sites may from time to time deliver information that contains typographical errors, inaccuracies or omissions concerning prices, promotions, offers or availability. While we make reasonable efforts to update and correct errors or inaccuracies on the Sites, we cannot guarantee or warrant that the information, content or materials contained on the Sites are error-free or completely accurate or current at all times. We reserve the right, at any time, in our sole discretion and without notice to correct any errors, inaccuracies or omissions in the information on our Sites.
You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (a) accessing data not intended for you, which includes logging into a server or account that you are not authorized to access, (b) any attempt to probe, scan or test the vulnerability of a system or network to breach security or security measures without proper authorization, (c) any attempt to interfere with, disrupt or disable service to any user, host or network, including, without limitation, through such means as “denial of service”, attacks, overloading, “flooding,” “mail bombing,” or “crashing,” (d) fabricating any TCP/IP packet header or any other part of the header information for any transmission (e) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or interfere with Eclair Digital Services France’s monitoring or provision of the Sites, or (f) take any action to obtain services for which you are not authorized. Violations of system or network security may result in civil or criminal liability. YMAGIS SA will investigate cases that may involve such violations and will cooperate with the appropriate authorities to prosecute you if you are involved in such violations. At any time, Eclair Digital Services France shall have the discretion to take such action as Eclair Digital Services France deems necessary, in its sole discretion, to prevent the security breach, and Eclair Digital Services France shall not be liable for any damages you or any third party may suffer as a result of the exercise of Eclair Digital Services France’s rights.
Limitation of Liability
Your use of the Sites is at your own risk and you assume full responsibility for the costs associated with your use of the Sites. Eclair Digital Services France declines all responsibility for damages of any kind related to your use of the Sites. You agree that your sole recourse in the event of a problem with your use is to stop using the Sites. In no event shall Eclair Digital Services France or any of its directors, employees, agents or representatives or their respective successors or assigns be liable for any direct or indirect damage or loss arising out of or in connection with access to or use of the Sites or any other website linked to the Sites or the contents, regardless of whether such loss or damage is based on warranty, contract, tort (including negligence), strict liability, product liability or other theory of liability, including without limitation liability for direct, indirect, special, incidental or consequential damages.
Eclair Digital Services France maintains the Sites for your personal entertainment, information, education and communication. Due to local, national or international restrictions, or even technological or legal restrictions, all Sites, including our mobile sites, may not be accessible from your current location, and Eclair Digital Services France disclaims any responsibility, and shall not be liable for any inability or limited ability to access or use the Sites.
Eclair Digital Services France is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or e-mails, nor is it responsible for unavailable networks or mobile connections, failed, incomplete, indecipherable or delayed computer transmissions, on-line or mobile failures, hardware, software or other technical malfunctions or disturbances, or any other communications failures or circumstances affecting, disrupting or corrupting communications. Eclair Digital Services France is in no way responsible for any costs or charges incurred by your use of the Sites with regard to the Internet, mobile networks or any other means of communication.
Eclair Digital Services France declines all responsibility, and cannot be held responsible, for damage or viruses affecting your computer equipment or other property when accessing your account or using the Sites or downloading any type of document: data, text, images, video or audio from the Sites.
Eclair Digital Services France has not reviewed all of the sites linked to the Sites and is not responsible for the content of any off-site pages or any other sites linked directly or indirectly to the Sites. Your linking to any other off-site pages or other sites is at your own risk.