Its observance and compliance shall be enforceable against any person accessing, browsing or using the Website. If the user does not agree with the terms set forth, he/she should not access, navigate or use the Website.
– Holder: SCHMIDT GROUPE S.A.S.
– Registered office: 5, rue Clemenceau 68660 Lièpvre
– Intracommunity VAT number: FR 68 326 784 709
– N° SIREN: 326 784 709 00015 – Public Registry: Registered in the Mercantile Registry of Colmar B 326 784 709
– Tel: +33 (0)188.8.131.52.00
– Fax: +33 (0)184.108.40.206.20
– E-mail: email@example.com
2. Purpose and scope
4. Intellectual and industrial property rights
SCHMIDT GROUPE S.A.S. is the owner or, where appropriate, has the corresponding licences over the exploitation rights of intellectual and industrial property of the Website, as well as all the contents offered on the same, including, but not limited to, the platform itself, texts, photographs or illustrations, logos, brands, images, designs, interfaces, or any other information or content, and the services available through the same.
References to registered trademarks or trade names, or other distinctive signs, whether owned by SCHMIDT GROUPE S.A.S. or third party companies, carry an implicit prohibition on their use without the consent of SCHMIDT GROUPE S.A.S. or its legitimate owners. At no time, unless expressly stated to the contrary, shall the user access, navigate or use the Web site and/or its contents and have any right over distinctive signs included in it.
All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, to copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for public or commercial purposes, without the prior, express and written authorisation of SCHMIDT GROUPE S.A.S. or, where applicable, of the holder of the corresponding rights.
Likewise, it is forbidden to delete or manipulate the copyright indications or other credits that identifies contents that the user finds on the Website, as well as the technical protection devices, the digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.
In the event that the user sends information of any kind to SCHMIDT GROUPE S.A.S. through any of the channels enabled for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property rights, commercial secrets or any other rights of third parties, and that said information is not of a confidential nature nor is it harmful to third parties.
The user acknowledges assuming responsibility, leaving SCHMIDT GROUPE S.A.S. unharmed by any communication supplied personally or in its name, reaching such responsibility without any restriction as to its accuracy, legality, originality and ownership.
Should the user become aware of the existence of any content which is illicit, illegal, contrary to the law or which may involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify us via the e-mail address firstname.lastname@example.org so that SCHMIDT GROUPE S.A.S. may proceed to take the appropriate measures.
Similarly, in the event that any user or third party considers that any of the contents of the Web site owned by SCHMIDT GROUPE S.A.S. infringes its intellectual and/or industrial property rights, as well as any other rights, it must send a communication to email@example.com with the following information:
– Data identifying and means of contact of the claimant or his legal representative.
– Documentation accrediting your status as owner of the allegedly infringed rights.
– Detailed account of the rights allegedly infringed by SCHMIDT GROUPE S.A.S., as well as their exact location within the Website.
– Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the allegedly infringed rights.
5.1. Links to other websites
In the event that links to other web pages are shown on the Website by means of different buttons, links, banners, embedded contents, etc., SCHMIDT GROUPE S.A.S. informs that these would be managed directly by third parties. SCHMIDT GROUPE S.A.S. has no power or human or technical means to know in advance and/or control and/or approve all the information, contents, products or services provided by other platforms to which links may be established from the Website.
Consequently, SCHMIDT GROUPE S.A.S. may not assume any type of responsibility for any aspect relating to the platform or web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and purpose of its products and services, its own links and/or any of its contents, in general.
In this respect, if users become aware that the activities carried out through these third party web pages are illegal or contravene morality and/or public order, they must immediately notify SCHMIDT GROUPE S.A.S. so that the access link to them can be disabled.
In any case, the establishment of any type of link from the Website to another third party website will not imply that there is any type of relationship, collaboration or dependence between SCHMIDT GROUPE S.A.S. and the person responsible for that third party website.
5.2. Links to the SCHMIDT GROUPE S.A.S. channel on other platforms and social networks
SCHMIDT GROUPE S.A.S. may make available to the users, by means of different tools and applications, link media which allow the users to access the channels and pages of the Website which SCHMIDT GROUPE S.A.S. maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, Instagram, YouTube, etc.). The inclusion of these links on the Website is solely for the purpose of facilitating users’ access to such channels on the different platforms and social networks.
The establishment of these links does not imply the existence of any relationship between SCHMIDT GROUPE S.A.S. and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by SCHMIDT GROUPE S.A.S. of its contents and/or services, the owner, manufacturer or distributor being solely responsible for them.
The activation and use of these links may involve the identiﬁcation and authentication of the user (login/password) on the corresponding platforms, completely outside the Website and beyond the control of SCHMIDT GROUPE S.A.S.. By accessing such external networks, the user enters an environment not controlled by SCHMIDT GROUPE S.A.S.; therefore SCHMIDT GROUPE S.A.S. shall not assume any responsibility for the security of such environments and configuration.
Given that SCHMIDT GROUPE S.A.S. has no control over the content hosted on such channels, the user acknowledges and accepts that SCHMIDT GROUPE S.A.S. does not assume any responsibility for the content or services to which the user may have access on such pages, nor for any content, products, services, advertising or any other material available on such pages. For this reason, the user must be extremely careful when evaluating and using the information, content and services existing in the linked channels, and about the information they themselves or third parties want to share in these channels.
5.3. Links on other websites to the Website
SCHMIDT GROUPE S.A.S. does not authorise the establishment of a link to the Website from those web pages which contain material, information or content that is illicit, illegal, degrading, obscene and, in general, which contravenes the law, morals or public order, or generally accepted social norms.
In any case, users may establish, on web pages of their ownership, links that lead to the Website, provided that they comply with the following conditions: a) the link may not reproduce the content of the Website or parts of it in any way; b) it is not permitted to create a browser or a border environment on the sections of the Website, nor in any other way may modify the Website; c) it is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to declare or imply that SCHMIDT GROUPE S.A.S. has authorized the link or that it has in any way supervised or assumed the contents or services offered or made available on the Website where the link is established; d) the web page in which the link to the Website is established shall not contain information or content that is illicit, contrary to generally accepted morality and good customs and public order, nor shall it contain content that is contrary to any rights of third parties, including intellectual and industrial property rights and/or the right to honour, personal or family privacy or one’s own image or any other right, or content that is contrary to the regulations governing the protection of personal data.
SCHMIDT GROUPE S.A.S. has no power or human or technical means to know, control or approve all the information, contents, products or services provided by other web pages which have established links to the Website.
SCHMIDT GROUPE S.A.S. does not assume any type of responsibility for any aspect relating to the web page that establishes such a link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and purpose of its products and services, its own links and/or any of its contents, in general.
6. Rules for the use of the website
It is not permitted and therefore the consequences will be the exclusive responsibility of the user, access or use of the Website with ﬁnes illegal or unauthorized, with or without economic purpose. In particular, and without the following list being absolute, it is prohibited:
A. Use the Website in any way that may cause damage, interruptions, ineficiencies or defects in its operation or in the computer of a third party;
B. Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
C. Use the Website to transmit material with ﬁnes advertising or promotion, including spam, chain letters or similar;
D. Use the Website in such a way that it constitutes an infringement of SCHMIDT GROUPE S.A.S.’s or any third party’s rights
E. Use the Website to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating nature, pornographic, or of an obscene or threatening nature or which may cause annoyance to any person;
F. Use the Website to collect personal data from other users;
G. Use the Website in an illegal manner, against good faith, morals and public order;
H. Access the Website under a false identity, impersonating a third party or using a persona or performing any other action that may confuse other users about the identity of the origin of a message;
I. Unauthorised access to any section of the Website, to other systems or networks connected to the Website, to any SCHMIDT GROUPE S.A.S. server, or to the services offered through the Website, by hacking or falsification, password mining or any other illegitimate means;
J. Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the contents offered on the Website;
K. Taking any action that causes disproportionate or unnecessary saturation in the infrastructure of the Website or SCHMIDT GROUPE S.A.S.’s systems or networks, as well as the systems and networks connected to the Website; or
The non-fulfilment of any of the above obligations by the user may lead to the adoption by SCHMIDT GROUPE S.A.S. of the necessary measures, which may include the elimination or blocking of the account of the offending user, without this entitling the user to any compensation whatsoever.
With the ﬁn being a secure environment, and to protect our users, it is strictly forbidden to publish content:
A. That may be considered as a violation in any form of the fundamental rights to honour, personal and family privacy or to the image of third parties and, especially, of minors;
B. That includes photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
C. That violate the secrecy of communications or that involve an infringement of intellectual and industrial property rights or the rules governing the protection of personal data;
D. That contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
E. Containing “spam” and/or links to sites unrelated to the corresponding space;
F. That includes advertising or commercial communications, for the transmission of messages with the purpose of advertising or for the collection of data for the same reason.
The user who breaches these prohibitions shall be liable for any claims arising as a result. Even if no claim is made by a third party, SCHMIDT GROUPE S.A.S. reserves the right to prevent access to the Website or the possibility of participating in the spaces provided therein to users who do not comply with these conditions.
SCHMIDT GROUPE S.A.S. does not control the content published by users on the Website and does not assume any responsibility for this content. However, SCHMIDT GROUPE S.A.S. reserves the right to supervise and/or moderate any content published by the users.
7. Responsibilities and guarantees
SCHMIDT GROUPE S.A.S. cannot guarantee the purpose, usefulness or veracity of absolutely all the information and/or services of the Website, nor the usefulness or veracity of the documentation made available through it.
Consequently, SCHMIDT GROUPE S.A.S. does not guarantee nor is it responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the Website or in the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damage or harm caused, to himself or a third party, by any person who infringes the conditions, rules and instructions that SCHMIDT GROUPE S.A.S. establishes on the Website or through the violation of the security systems of the Website.
Nevertheless, SCHMIDT GROUPE S.A.S. declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to reduce to a minimum the errors of the system, both from a technical point of view and from the contents published on the Website, as well as to avoid the existence and transmission of viruses and other harmful components to the computer systems of the users.
SCHMIDT GROUPE S.A.S. does not guarantee the legality, purpose and usefulness of the contents supplied by third parties through the Website. Should the user become aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of the rights of third parties, he/she must immediately notify SCHMIDT GROUPE S.A.S. so we can proceed to take the appropriate measures.
SCHMIDT GROUPE S.A.S. shall not be responsible for the veracity, integrity or updating of the information published on the Website from sources outside the same, nor for those contained in other platforms to which it is linked from the Website. SCHMIDT GROUPE S.A.S. shall not assume any responsibility for hypothetical damages that may arise from the use of the aforementioned information.
8. Communication channel
SCHMIDT GROUPE S.A.S. puts at the disposal of its users a channel through which the existence of any contents with respect to which the user considers that they are contrary to the law or infringe the legitimate rights of third parties may be communicated and made known to the user.
Should the user become aware of any of the above circumstances, he/she must immediately inform SCHMIDT GROUPE S.A.S., at ﬁn, so that it can review the content communicated and, if appropriate, proceed to its withdrawal or disqualification, by writing to firstname.lastname@example.org.
9. Suspension of the website
10. Data Protection
knowledge and to collaborate in a timely manner with the competent police and judicial authorities if it detects any infringement of the legislation in force or if it has suspicion of committing any crime.
The contracting of any product and/or service of payment offered by SCHMIDT GROUPE S.A.S. through the Website will be regulated by the general and/or particular conditions of each service specifically provided for this purpose.
12. Applicable law and competent jurisdiction
The regulations in force shall determine the laws that must be in force and the jurisdiction that must be aware of the relations between SCHMIDT GROUPE S.A.S. and the users. However, whenever said regulations provide for the possibility of the parties to submit to a specific jurisdiction, for any litigious matter derived from or related to this Website, the Spanish legislation in force at the time of the litigation shall be applicable. Likewise, SCHMIDT GROUPE S.A.S. and the users, expressly renouncing any other jurisdiction that may correspond to them, submit themselves to the Courts and Tribunals of Madrid.
In order to present claims in the use of our services, you may contact us by mail at the electronic or physical address indicated in the section “contact us”, committing ourselves to seek an amicable solution avoiding conflict at all times.
Last update: November 8, 2010. Copyright © SCHMIDT GROUPE S.A.S. All rights reserved