Terms of Use
1. DEFINITIONS
When the terms below are used with a capital letter, they refer to their definition.
- Administrator: person, service, or company in charge of the Site’s administration, operation, and implementation of necessary means for its functioning, acting on instructions from SCEA CHÂTEAU DE PANERY Company.
- Content: all information, elements, and/or media, regardless of format, intended for distribution on the Site.
- Operation: maintenance of the Site’s operational conditions.
- Incident: unplanned interruption or degradation of the quality of an online IT service provided on the Site.
- Parties: collectively refers to the Site Users and SCEA CHÂTEAU DE PANERY Company.
- Services: all services provided online by SCEA CHÂTEAU DE PANERY Company to Users through the Site.
- Site: set of structured documents, called “web pages” composed of content of various nature and format (text, image, sound, video, etc.), animated by software and stored on a server connected to the internet network, constituting the technical support of the aforementioned URL address in the legal notice above.
- User: any individual legitimately connected to the Site, acting in a professional capacity.
2. PURPOSE OF THE TERMS OF USE
These “Terms of Use” (hereinafter “TOU”) aim to define the conditions under which any User can use the Services provided by SCEA CHÂTEAU DE PANERY Company via the Site.
3. EFFECTIVE DATE – DURATION
These TOU apply to all Site Users.
4.ENFORCEABILITY OF THE TERMS OF USE
These TOU may be modified by SCEA CHÂTEAU DE PANERY Company whenever it deems necessary, which the User expressly accepts in advance. SCEA CHÂTEAU DE PANERY Company posts and makes accessible on the Site any new version of the Terms of Use.
5. USER RESPONSIBILITY
MODE OF PROOF
In their relations, the Parties agree to correspond, subject to specific cases involving the issuance of a registered letter with acknowledgment of receipt, by email. Any email sent will constitute an acceptable mode of proof for establishing all facts, acts, and actions of each party.
LIMITATION OF LIABILITY
No limitation of liability or warranty is granted to the User for any breach of any of their obligations resulting from these Terms of Use.Consequently, the User will be responsible for any damage, including direct, indirect, consequential, special, or incidental damages, physical and/or moral, material and/or immaterial, that they may cause to other Parties or third parties through the use of the Services or connection to the Site.SCEA CHÂTEAU DE PANERY Company implements the best means to ensure the accuracy of content information disseminated on the Site. However, it is the sole responsibility of Users to verify the disseminated information, as SCEA CHÂTEAU DE PANERY Company does not commit to any guarantee in this regard. Its liability could not be engaged in any case of inaccuracy or incompleteness of information appearing on the Site.
NON-WAIVER
The fact that SCEA CHÂTEAU DE PANERY Company does not claim the application of any clause of these TOU or tacitly acquiesces to its non-execution, whether permanently or temporarily, cannot be interpreted as a waiver by SCEA CHÂTEAU DE PANERY Company of the rights arising for it from said clause or its subsequent execution.
BREACH OF THESE TOU
Any use of the Site and its functionalities contrary to their purpose and finality is strictly prohibited and constitutes a breach of these TOU and as such may result in a suspension of the Visitor account linked to the User, temporary or permanent, at the discretion of SCEA CHÂTEAU DE PANERY Company.
6. INTELLECTUAL PROPERTY
SCEA CHÂTEAU DE PANERY Company is the exclusive owner (or licensee) of all intellectual property rights present on the Site, including rights of use, display, exploitation, reproduction, representation, adaptation, and translation related to any object composing the Site. This includes graphic charters, titles, forms, site plans, texts, articles, analyses and writings, documentation, photographs, images, videos, or any other informational and/or downloadable content, as well as trademarks and logos posted online by SCEA CHÂTEAU DE PANERY Company.
The Site and its Content are protected by French copyright law and related rights (Articles L.122-4 and following of the Intellectual Property Code), which prohibit total or partial reproduction, without the consent of SCEA CHÂTEAU DE PANERY Company, of these various constituent elements.
Therefore, the User agrees to respect copyrights, trademark rights, and database producer rights, with each User acknowledging that the databases created by SCEA CHÂTEAU DE PANERY Company are its exclusive property.
SCEA CHÂTEAU DE PANERY Company only grants the User a simple private, non-collective, and non-exclusive right of use on all content published on the Site, as well as permission for digital reproduction on the device used to view the Site for the purpose of visualizing pages consulted by the user’s browser software.
The User has no right to transfer or assign information obtained from the Site and is prohibited from creating any derivative work from the Site’s Content.
The Site and its components constitute a work protected under intellectual property law. Any representation, reproduction, modification, transmission, translation, or more generally any exploitation of the Site and its technical or graphic components, are strictly prohibited without the prior authorization of SCEA CHÂTEAU DE PANERY Company.
The provision of Services does not imply any transfer or concession of any intellectual property rights, except for the right of a User to use the Services provided by SCEA CHÂTEAU DE PANERY Company online from the Site, within the limits provided in these Terms of Use and, if applicable, the contract that the User may have with SCEA CHÂTEAU DE PANERY Company.
Any violation of this clause will be analyzed as an act of infringement and may lead to civil and/or criminal proceedings in accordance with the law.
The use of hyperlinks targeting and referring to the Site is also subject to the prior and express authorization of SCEA CHÂTEAU DE PANERY Company. The user can obtain authorization by email from the webmaster.
7. RIGHT TO USE ONLINE SERVICES
The User agrees to provide accurate information during registration and for any online formality, as this information is used for the proper functioning of the Site and the proper execution of the Services.
The User agrees not to create a false identity that could mislead the Administrator or third parties.
8. ONLINE SERVICES
- Consultation of various content and information;
- Contact forms;
- Use of transactional features: creation of a “cart”, online ordering and payment for products, reservation and payment for bed and breakfast stays. These transactional features are subject to general terms of sale;
- Content downloads;
- Creation of an account allowing or potentially allowing the User to:
- Access their order history;
- Modify and manage their personal information.
9. 9 REQUIRED CONFIGURATION
To properly use the Site and its features, all Users must have software that is regularly updated by the publishers.
The Site’s pages are responsive and therefore adapt to all definitions, but a screen with a minimum resolution of 1280 x 1024 pixels is recommended.
The Administrator cannot guarantee the transfer, storage, or printing of information posted on the Site from or to the User’s system or computer.
The Administrator strives to implement proven technical devices capable of fulfilling the expected functionalities of the Site. However, SCEA CHÂTEAU DE PANERY Company cannot subscribe to any obligation of results in this regard for the benefit of Users, regarding the security and durability of information posted online, particularly due to the uncertainties related to the use and operation of open networks such as the internet.
To meet Users’ needs or improve the Site’s functioning, SCEA CHÂTEAU DE PANERY Company may evolve its functionalities.
The Site’s operation may be momentarily interrupted by decision of the Administrator for maintenance or security purposes. No interruption or slowdown in the Site’s operation can give rise to claims of any kind, nor a fortiori to compensation, particularly in case of loss of connections, data, or information of any kind.
The use of the Site by Users may result in the deposit of “cookies”. These “cookies” are used particularly for improving user experience, collecting anonymized statistics, and subsequent advertising retargeting (see details in the “cookies” policy). Each User can refuse the registration of these “cookies” on their computer during their first connection or at any time by clicking on the link at the bottom of the page or by choosing the appropriate option on their browser.
10. PROPER USE OF THE SITE
All Users agree to use the Site and its features without attempting to bypass technical security and protection devices. They agree not to disrupt or paralyze its operation.Users found responsible for infecting all or part of the Site with viruses, worms, Trojan horses, logic bombs, or any other disruptive technical device, agree to bear all consequences, particularly financial ones, with respect to SCEA CHÂTEAU DE PANERY Company or any third party that may be a victim.In case of misconduct, faults, fraudulent or illegal use of the Site on their part, Users agree to indemnify the Administrator for any damage they may suffer as a result.SCEA CHÂTEAU DE PANERY Company may decide to block the distribution or proceed with the deletion of any Content posted online that would violate:
- French laws and regulations, international treaties, or public morality;
- The proper functioning of the Site;
- The legitimate interests of other Users or third parties;
- The image, reputation, and interests of SCEA CHÂTEAU DE PANERY Company, its shareholders, subsidiaries, partners, and customers.
SCEA CHÂTEAU DE PANERY Company shall not be held liable or owe any compensation to anyone in this regard.
11. COMPLAINTS
To be processed, any complaint regarding the Site’s operation, its content, or any other issues must be addressed by email and registered letter with acknowledgment of receipt to SCEA CHÂTEAU DE PANERY Company. No action will be taken on complaints that do not come from a duly identified person whose contact details are not specified.
12. LIMITATION OF LIABILITY
No direct or indirect damages, particularly commercial or financial (loss of turnover, loss of gross margin, loss of opportunity), no damage to image, shall be compensated by SCEA CHÂTEAU DE PANERY Company.
13. CONFIDENTIALITY
In accordance with the principle of business secrecy, the Parties are obliged to maintain the utmost discretion regarding all information relating to the organization of online Services, the Site’s content, and their online relationships.
14. AMICABLE PROCEDURE
Any dispute related to the interpretation and/or execution of these Terms of Use must, as far as possible, be settled through amicable negotiation between the Parties, which SCEA CHÂTEAU DE PANERY Company will endeavor to promote.After a calendar period of 30 days and in the absence of an amicable solution, the Parties will then have full authority to refer the matter to the competent courts.By mutual agreement between the parties, this provision does not prohibit the initiation of any possible emergency procedure, by petition or in summary proceedings.
15. JURISDICTION
In the event of failure of the amicable procedure and in the presence of any dispute, the User and SCEA CHÂTEAU DE PANERY Company will be free to refer the matter to the competent judge.
16. APPLICABLE LAW – CONTRACTUAL LANGUAGE
The Site’s Terms of Use are governed by French Law, regardless of the User’s nationality.The language for reading, understanding, and interpreting the Terms of Use is French.