Agreement of Use
This Charter defines the general terms and
conditions governing use of the web site: ”http://www.rcinfos.com/”
The Site permits online consultation of
information and data on RC Cars including news, topics, archives
and photos, as well as access to different services.
The Site is published by AdaptaWeb (the "PUBLISHER"),
whose full details are given in the "Contact" section.
1. ACCEPTANCE OF USER'S CHARTER:
On accessing the Site and before consulting
or using its services, the user, whether simply an Internet
surfer or a registered account holder or subscriber (the "User"),
declares that he or she has read the Charter. The User agrees
to be bound by and to fully respect the terms and conditions
thereof. The Charter may be modified at any time by the Publisher
without prior notice. Users are therefore recommended to read it regularly.
2. PERSONAL DATA - CONFIDENTIALITY:
When completing the registration forms required
for the use of Services, the User will be required to provide
personal data, some of which is compulsory. Failure to provide
such information may result in loss of Service.
All data will only be collected, stored,
processed or used by the Publisher or its subsidiaries for
the sole purpose of the provision of its Services.
3. USER'S UNDERTAKING:
3.1
The User undertakes to provide full and accurate information for the purposes
of completing subscription and registration forms and to update such information
when applicable. The User furthermore undertakes to use the Site and its
Services for strictly personal, non-commercial purposes.
3.2
The User is responsible for any content (information, software data, images,
sound, messages, etc.) downloaded, displayed or transmitted. Consequently,
the User shall refrain from transmitting any content that might constitute,
without being limited thereto, incitation to hatred, violence, racism, discrimination,
crimes and offences, attacks on privacy, slander or libel, or that may infringe
intellectual property rights or any other rights of third parties, or that
might mislead other users or violate any one of the provisions of the Charter,
or any law or national or international regulations, or more generally that
might obstruct or disturb the smooth functioning of the Sites and Services.
It is forbidden to transmit any information containing viruses, or any other
content disruptive to the Sites or to third parties, or more generally likely
to infringe applicable laws, or interfere with the use or enjoyment of the
Services by any other User.
3.3
The User undertakes to guarantee and indemnify the Publisher against any damage
or claim by any party that may arise out of the sending, circulation or transmission
of content by the User or unauthorised use of the Site or failure to respect
the provisions of the Charter.
4. PUBLISHER'S RIGHTS AND LIMITATION OF RESPONSIBILITY:
4.1
The Publisher reserves the right at any time to interrupt or suspend all or
part of the Services, or modify, supplement or improve the existing Services
to enhance or improve the ease of use without prior notice or obligation
to provide any compensation. Notwithstanding the foregoing, any restricted
access service offered in addition shall be governed by the Special Conditions
subject to prior notification of and acceptance by or on behalf of the User.
Moreover, the Publishers may terminate the right of access in whole or in
part, delete the account and password, withdraw any content broadcast and
cancel, ipso jure and without compensation or prior notice, any subscription
contracted by any User having failed to respect any of the provisions of the Charter.
4.2
Save those guarantees and liabilities contracted specifically by the Publisher
in respect of the Special Conditions mentioned in the preamble, the Publisher
does not guarantee the conformity of the Site to a specific use or need,
nor its functioning free from interruptions, errors, disturbances, viruses
or defects of any kind, cases of force majeure, vicarious liability, nor
the truthfulness, reliability or accuracy of the information placed online
or the quality of the Services, or conformity of the Services or desired
results to the User's needs.
4.3
The Publisher may not be held responsible for any direct or indirect damage
resulting from the use or inaccessibility of the Site and its Services, especially
the default in performance of the Sites and/or software, lost, corrupted
data or fraudulent access thereto, defects in User installations, accidental
virus transmission, harmful third party behaviour or actions, transactions
effected during use of the Sites, loss of profit or data, nor for any direct
or indirect damage suffered by any third party as a result of any infringement
of their private rights by any content supplied by the Users.
4.4
The Site contains links to other sites published by service providers other
than the Publisher, whether for purchasing products or services or for club
memberships. These sites are run by third parties, totally distinctly and
independently from the Publisher. Having no control whatsoever over the activities,
products or services on offer on said sites, the Publisher may in no way
be held responsible for their content. Any transactions, correspondence,
or operations on third party sites are the sole responsibility of the publishers of the sites concerned.
4.5
The Publisher may not be held responsible for any text written by the
Authors of the various articles published on the Site.
5. INTELLECTUAL PROPERTY INCORPORATED IN THE SITE:
5.1
The Publisher enjoys intellectual property rights or rights of use or distribution
relative to the material contained on the Site, including, but without being
limited thereto, domain names, trademarks and logos, graphics and illustrations,
images and photographs, articles, editorial content, journalistic magazines,
interviews and results of events, databases containing news, as well as specific
software developed for use of the Site ("Elements of Intangible Property").
5.2
The User shall refrain from copying, duplicating, extracting, digitising or
disassembling onto any medium enabling the reconstitution in part or in whole
of the Site's files, altering, selling, republishing, transmitting, distributing
on-line or directly or indirectly exploiting for commercial purposes, all
or part of the Intangible Elements of the Site, Services or any right of access to the Site.
5.3
The User undertakes to only use the Elements of Intangible Property of the
Publisher for private, non-collective and non-exclusive purposes, including
the right to copy and store on a stand-alone workstation and reproduce one
single copy for mirrored backup or paper printing. This right is individual,
non-transferable and reserved for exclusive usage by the User. Unauthorised
use of the said Elements shall subject the infringing party to the civil
and criminal penalties provided by law.
6. APPLICABLE LAW - SETTLEMENT OF DISPUTES:
The present general terms and conditions of the Charter shall be governed and interpreted by Swiss
Law. Any disputes arising out of the interpretation, performance and application of these presents that may not be settled
by amicable arrangement shall be referred to the competent courts of Geneva.
7. MISCELLANEOUS:
The Publisher reserves the right to subcontract
or assign to a third party the rights and obligations arising from this agreement.
The Publisher's tolerance of a User's non
respect of any of the obligations in the Charter, or its
non-application of any legal action to which it is entitled
thereunder, may in no way be interpreted as a waiver of its rights.
Should any of the provisions of the Charter
be considered unlawful under a present or future law or statute,
or by a decision of a court of competent jurisdiction, the
said provision shall be deemed unwritten and all the remaining
provisions of the Charter shall remain in full force and effect between the parties.
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