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LEGAL NOTICE AND TERMS OF USE

I. LEGAL NOTICE

BORUI, a company with a capital of 5,000 euros, registered with the R.C.S. of PARIS under the number Paris B 835 365 883, with its registered office located at 29 RUE DU QUATRE SEPTEMBRE – 75002 PARIS, represented by MIAO LIU duly authorized.

The editor’s individual VAT number is: FR35835365883.

Director of publication: MIAO LIU

Host: OVH

Address: 2 rue Kellermann – BP 80157 – 59053 Roubaix Cedex 1

II. GENERAL TERMS OF USE

1.PURPOSE OF THE GENERAL TERMS OF USE

Access to the Site and the use of its content are subject to these general terms of use (hereinafter « GTU »).

The purpose of these GTU is to determine the terms and conditions of use of the Site as well as the rights and obligations of any user accessing, browsing or visiting the Site (hereinafter « User » or « Users »).

By accessing the Site, the User undertakes, on each of his or her visits, to comply with these GTU, which are applicable to all services available on the Site.

Consequently, the User accepts without reservation the present GTU in their entirety before any use of the Site. If this is not the case, the latter undertakes not to use the Site.

BORUI reserves the right to update or modify at any time the information and content of the Site, including these GTU, without prior notice. Any modification takes effect as soon as it is published. These modifications are deemed to be accepted without reservation by the User who accesses them after they have been posted online. In order to be informed of these possible modifications, the User is advised to regularly refer to the latest version of the GTU available on the Site. The User will be notified of any substantial modification of the GTU.

2. ACCESS TO THE SITE

Access to the Site is free. The costs of access and use of the telecommunication network shall be borne by the User in accordance with the terms and conditions set by his/her access providers and telecommunication operators.

3. INTELLECTUAL PROPERTY

The entire Site is protected by copyright, trademark law and, more generally, by legislation relating to intellectual property, and this for the whole world, both in terms of its form (choice, plan, layout, etc.) and in terms of each of the elements of its content (trademarks, texts, images, videos, illustrations, logos, etc.). The trademarks and any other content appearing on the pages of the Site are the exclusive property of BORUI and its contributors, who do not grant any license or any other right to the user than that of consulting the Site.

As such and in accordance with the provisions of the Code of Intellectual Property, only the use of the Site and the elements that make it up for private use is authorized. Any reproduction, extraction and/or use of content for any other purpose is expressly forbidden and may incur the civil and criminal liability of the User.

The creation of hypertext links to any of the pages or elements of the Site may only be made with the prior written authorization of BORUI. It may be revoked at any time. Internet sites with a hypertext link to the Site or any of its components are not under the control of BORUI and BORUI therefore declines all responsibility (including editorial responsibility) for access to and content of these Internet sites.

The Site may include links to other Internet sites or other Internet sources. Insofar as BORUI cannot control these sites and these external sources, BORUI cannot be held responsible for the availability of these sites and external sources, and cannot bear any responsibility for the content, advertising, products, services or any other information or data available on or from these sites or external sources. Moreover, BORUI cannot be held responsible for any damage or loss, proven or alleged, consecutive or in relation with the use or the fact of having trusted the contents, the goods or the services available on these external sites or sources.

4. OBLIGATIONS AND RESPONSIBILITY OF THE USER

The User agrees not to :

– Use or permit the use of the Site in an abusive manner, for illicit, fraudulent or malicious purposes, including but not limited to: (i) hacking the Site or introducing malicious code, including viruses or harmful data into the Site or any operating system, (ii) using a spider or any other system, device or program (automated or otherwise) to extract data or information from the Site or BORUI servers, (iii) sending or storing documents containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents or computer programs, (iv) interfering with or impairing the integrity or performance of the Site and the data contained therein, (v) attempting to gain unauthorized access to the Site, its associated systems or networks, and (vi) attempting to gain unauthorized access to the accounts or personal information of other Users;

– use the Site under conditions other than those provided for in these Terms and Conditions or under conditions that infringe the intellectual property rights of Jardin d’Acclimatation and its contributors or the reputation of BORUI;

– to use the Site in a way which can damage, deactivate, overload, disturb or compromise the operation or the safety of the Site.

The User acknowledges that he or she alone is responsible for the use made of the Site and the consequences of such use.

The User must keep his login and password strictly confidential. He must not under any circumstances communicate them to a third party to allow him access to the Site. The User is solely responsible for all activities undertaken from his user account including by any unauthorized third party.

At any time and for any reason whatsoever, BORUI may implement any means to terminate, without notice, the use of the Site by the User who violates these Terms of Use, without prejudice to any damages BORUI reserves the right to claim from the User as a result.

5. RESPONSIBILITY OF BORUI

BORUI strives to ensure to the best of its ability the accuracy and updating of information published on the Site. BORUI reserves the right to correct this information at any time without notice.

To the fullest extent permitted by applicable law, BORUI shall not be held liable :

– for any imprecision, inaccuracy or omission concerning the information available on the Site;

– for any damage resulting from an intrusion by a third party leading to a modification of the information made available on the Site or making access impossible; or

– for any interruption, suspension or malfunction of the Site, loss of data, occurrence of bugs, and more generally for any direct or indirect damage resulting from the use of or access to the Site or its content, whether or not the User is aware of the possibility of such damage.

The User declares that he accepts the characteristics and limits of the Internet, and in particular recognizes that: (i) his use of the Site is at his own risk; (ii) the Site is accessible to him « as is » and according to its availability; and (iii) the protection of his own content is his responsibility and it is up to him to take all the appropriate measures to protect it from possible viruses

6. AVAILABILITY – MAINTENANCE

BORUI will use its best efforts to maintain a reasonable level of operation and availability of the Site. Jardin d’Acclimatation reserves the right at any time, without notice, to limit access to the Site and its use by the User in order to carry out maintenance operations or to make changes. The responsibility of Jardin d’Acclimatation cannot be committed in the event of interruption of access due to these operations of maintenance or update.

7. PERSONAL DATA

BORUI ensures the protection of personal data of users of the site.

BORUI invites the Users of the Site to consult the page Personal Data which specifies in particular the methods of collection, processing, use, transmission, conservation and protection of their personal data.

8. APPLICABLE LAW – JURISDICTION

The present GTU are governed by French law.

All disputes to which the GCU could give rise will be submitted to the exclusive jurisdiction of the French courts.

9. LANGUAGE

The present GTU are written in French language. In the event that they are translated into one or more other languages, only the French text is authentic in the event of a dispute.

10. CONTACT US

For any questions relating to the use of the Site, you can contact us by the contact form available on the « Contact Us » page.

Furthermore, if the User has a complaint to make concerning any content that he or she considers illicit, or in the event of a technical problem or incident, each User of the Site may write to the following e-mail address: contact@borui.fr