Général conditions of use
Article 1 – Purposes of the Site
Article 2 – Definitions
Article 3 – Website access
By nature, access to the Site is open to adults. Any use of the Site by minors must done so entirely under the responsibility of the holder of parental authority. On a technical level, the Site is accessible 24/7, provided the occurrence of a case of emergency, possible breakdowns, or any maintenance operation necessary for the proper functioning of the Site. In any event, You acknowledge to have the necessary skills and means to access and use the Site. As such, You must have a computer or any other device with an Internet connection whose settings obviously allow the Site to function properly. You declare to know the risks and accept them. In particular, You acknowledge that the information passing through or stored on it might be intercepted or altered beyond the Site’s control. However, it is highly recommended that You take all necessary precautions to prevent the risks of piracy, especially by adopting a secured and adapted computer configuration via the implementation of regularly updated virus detection software.
Article 4 – Liability
myBrain Technologies cannot be held liable for any malfunction, contamination of your IT equipment during or after your browsing of the Site, impossibility of access or poor condition of use attributable to this equipment, the Internet access provider, Internet network congestion, or any other reason external to myBrain Technologies. Furthermore, the electronic or telephone communications costs incurred by the use of this equipment are at your exclusive expense and will not be borne by the company. You acknowledge that myBrain Technologies reserves the right to modify, or temporarily or permanently interrupt all or part of the services. myBrain will not be held liable in case of temporary, partial or total unavailability of the Site, particularly in the event of maintenance, technical incidents and, more generally, events beyond its control. Please note that hyperlinks may lead to other sites than the Site, which remain under the sole responsibility of the operators and owners of these sites.
Article 5 – Intellectual Property
The Site and each of its constituent elements such as trademarks, logos, photographs, texts, presentations, brochures, illustrations, software, animations, data, databases, animated and still images, sounds, drawings, graphics, slogans, digital services presentation sheets, digital services names and associated visuals or texts, and other than those relating to links to third-party sites are regulated by intellectual property rights granted to myBrain Technologies. They constitute myBrain Technologies’ exclusive intellectual property. All of these elements are protected by the French Intellectual Property Code and for the whole world against any use unauthorized by the law or the present TOU under penalty, in the event of failure, of legal proceedings. As such, and in compliance with the Intellectual Property Code provisions, only the use for private purposes by the User is allowed, subject to more restrictive legal provisions. More specifically, browsing the Site does not imply any license or transfer of rights relating to myBrain Technologies’ elements, unless expressly stipulated on the Site. Therefore, any copy, reproduction, representation, adaptation, modification, translation, distribution, full or partial propagation of the Site as well as the transfer of these elements to another site are prohibited without prior written agreement by myBrain Technologies or the rights holder to use an element of the Site, in whole or in part by any process whatsoever and on any medium whatsoever, and can constitute an act of forgery, an infringement of the databases producer’s rights, an act of unfair competition and/or parasitism, punishable especially under Articles L. 335-2, L. 335-3, L. 342-1 et seq. and L. 716-1 of the French Intellectual Property Code, and article 1240 of the French Civil Code. Any unauthorized use of the Site’s contents or information, especially for commercial exploitation purposes, may lead to legal proceedings, in particular on the basis of the aforementioned grounds, on the part of the holder of the rights in question who reserves the right to claim damages. Establishing a hyperlink to a page of the Site is subject to prior written authorization by myBrain Technologies. In any event, the establishment of such hyperlink must be clear enough and preceded by the mention ® and the Site’s address. You are allowed to consult, view and download the documents and information available under the following conditions: • the documents may be used only for personal purpose, for information and in a strictly private context, in compliance with Article L. 122-5 2° of the French Intellectual Property Code. • the documents and information may not be modified in any way.
Article 7 – Assignment
Article 8 – Personal Data
Article 9 – Mediation
Article 10 – Governing law and jurisdiction