The present ToU fix the legal framework in which the services of the Website are being provided by Ecocert and can be used by the Website user (the "User"). By using the Website, the User is presumed to have accepted the ToU and to have agreed to respect them.
Ecocert reserves the right to modify the present ToU at any time and without notice, notably to adapt them to alterations of the Website such as may be the case when new features are installed or when existing features are removed or modified.
It is therefore recommended to always first consult the latest version of the ToU when accessing this Website. They are always available on this page. In case the User disagrees with the ToU, they should not use the Website.
ARTICLE 2. CONTENT OF THE WEBSITE
The content available on the Website is provided for information purposes. Ecocert uses every possible means at its disposal to make sure that the information on the Website is reliable and to keep it up-to-date. Furthermore, Ecocert reserves the right to modify, at any time and without notice, the Website and the services which it describes.
However, Ecocert cannot guarantee that all information available on the Website is always accurate, complete and/or up-to-date. It will therefore be up to the User to check with Ecocert the accuracy of the information he/she wishes to use. Ecocert does not provide any express or tacit warranties with regard to the Website or part of it.
ARTICLE 3. INTELLECTUAL PROPERTY AND PHOTO CREDITS
The Website and all its elements - in particular, but not limited to, texts, trademarks, logos, images, photographs, sounds, videos, music, databases and applications - are the exclusive property of their authors. Consequently, any reproduction, representation, modification, alteration, distribution and/or exploitation, in whole or in part, of the Website or of any of the elements of which it is composed by any process whatsoever, is prohibited, in accordance with the French Intellectual Property legislation.
Access to the Website shall not be interpreted as a recognition of a right and in general, does not confer to its Users any intellectual property rights relating to any element of the Website, which remain the exclusive property of their authors. It is prohibited to introduce any data on the Website which modify or are likely to modify its content or appearance.
ARTICLE 4. COPYRIGHT
All content including images, text documents, audio, video, and interactive media published on the Website is for noncommercial, educational, journalistic and/or personal use only. Any commercial use or republication is strictly prohibited. Copying, redistribution, or exploitation for personal or corporate gain is not permitted.
In the event we receive a copyright infringement notice, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA"), the written notice ("DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
US General Manager
Ecocert USA 2498 Perry Crossing Way; Suite 210
IN 46168 Plainfield
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright or if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
ARTICLE 5. CREATION OF HYPERLINKS TO THIS WEBSITE
Ecocert authorizes hyperlinks which refer to this Website, subject to the following conditions :
Ecocert shall not be held responsible in any way for any websites or any other media containing a hyperlink referring to the Website and declines any responsibility with regard to their content and use.
ARTICLE 6. PROTECTION OF PERSONAL DATA
Ecocert has developed a specific policy regarding the protection of personal data in accordance with the laws and regulations in force. This policy is available on the Website.
ARTICLE 7. COOKIES
Ecocert has developed a specific policy regarding the management of cookies. This policy is available on the Website.
ARTICLE 8. RESPONSIBILITY
Ecocert excludes, to the extent permitted by law, any liability whatsoever with respect to direct or indirect damage resulting from or related to the use, functioning or unavailability of the Website and its content.
The settings of your browser, especially those refusing cookies, may make certain features and/or pages of the Website inaccessible. Ecocert shall not be held responsible for this.
Ecocert reserves the right to make any changes, corrections or modifications to the Website and its content at any time.
Links on the present Website which refer to another website cannot be interpreted as an approval of this other website or its content by Ecocert, and Ecocert cannot be held responsible for the information, opinions and recommendations contained thereon. The mention of links or trademarks, names, services, domain names and names of other companies does not imply, unless otherwise indicated, the existence of any link between Ecocert and/or its subsidiaries and these companies, products or services, trademarks or names in question.
ARTICLE 9. CHILDREN UNDER THE AGE OF THIRTEEN
Our Website is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted personal data on or through our Website without the consent and supervision of a parent or guardian, please contact Leslie Zuck firstname.lastname@example.org so that we can take appropriate action.
ARTICLE 8. GOVERNING LAW AND JURISDICTION
Any dispute relating to the use of the Website and/or its content shall be governed by law and shall be submitted to the Courts of Toulouse in France.