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Terms of service

Preamble

These Terms of Use apply to the Opendo Website, to all its pages and URLs, as well as to all its sub-domains, regardless of their level of hierarchy, hereinafter referred to as the Opendo Website (see Glossary); they do not apply to software whose access requires a subscription and payment to Opendo.

By using the Opendo Website, the User unconditionally and automatically accepts all of these terms and conditions and the legal notice and agrees to comply with them.

Opendo reserves the right to modify and supplement these Terms of Use at any time, without prior notice and without compensation. The reconnection and continued use of the Opendo Website implies the systematic acceptance of the terms of use and their respect. Therefore, it is the User's responsibility to take note of the new updates of these conditions each time he/she connects to the Opendo Website.

These Terms of Use include disclaimers of warranties and limitations of liability of which the User acknowledges having read and understood. The terms and conditions of use of the Opendo Website are complementary and cumulative with the legal notice of the Opendo Website.

1. Glossary

The following words, the first letter of which is capitalized, shall be defined as follows in these Terms of Use:

Opendo Website: website and all pages of the website accessible through the URL https://www.opendo.fr and all its sub-domains, including for example https://bo.opendo.fr

Subscriber: see Subscriber User.

Personal Information: "any information relating to a natural person who is identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements that are specific to him" (article 2 of the law n° 78-17 of January 6, 1978). In the context of the present document, these provisions also apply to legal entities. The User's IP address is notably Personal Information.

French Legislation: All legislative, regulatory and normative texts in force in France.

User: Internet user, natural or legal person, connecting to and/or using the Opendo Website

Subscriber User (or Subscriber): User who has subscribed to the Opendo Animator application via the Opendo Website after having read and accepted the Terms and Conditions of Sale and Use of the said applications.

2. Validity of the information provided

In the event that the User is required to provide information, the User agrees to:

Provide real, accurate and up-to-date information at the time it is entered into the forms on the Opendo Website, and in particular not to use false names or addresses, or unauthorized names or addresses.
Not to make available or distribute any illegal, objectionable (such as libelous or obscene) or harmful (such as viruses) information.

In case of violation of these provisions, Opendo will be able to suspend or terminate the User's access to the services at its sole discretion.

3. Access to the Opendo Website

The Opendo Website is accessible to the User at least 22 hours a day, 7 days a week unless otherwise specified. Opendo cannot be held responsible for the technical unavailability of the connection, whether it is due to force majeure, maintenance, updating, modification of the Opendo Website, intervention of the host, internal or external strike, network failure, power failure, or poor configuration or use of the User's computer.

4. Conduct of the User

The User undertakes not to disseminate comments, opinions or information of a defamatory, obscene, violent or racist nature and more generally contravening current French legislation, the rights of individuals and good morals.

5. Limitation of Liability

The User expressly admits that he/she uses the Opendo Website at his/her own risk and under his/her exclusive responsibility.

The Opendo Website provides the User with information for information purposes, as is, with all the imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. Furthermore, this information should be considered at the time of its publication and not at the time of consultation of the Opendo Website.

In any case, Opendo will not be held responsible for

Any direct or indirect damage, including but not limited to loss of profits, loss of business, loss of customers, loss of data, etc., which may result from the use of the Opendo Website, or from the impossibility of its use;
Malfunction, unavailability of access, misuse, or incorrect configuration of the User's computer, or the use by the User of an infrequently used browser;
The content of advertisements and other external links or sources accessible by the User from the Opendo Website.

6. Hypertext links

Any use of all or part of the Opendo Website, including links to or from the Opendo Website, is subject to prior authorization from Opendo.

The User who is redirected to a third party website through a hyperlink on the Opendo Website acknowledges that Opendo does not control the content of the redirected sites. Therefore, Opendo will not be held responsible for any direct or indirect damage caused by the use of sites accessible through hyperlinks contained on the Opendo Website.

7. Copyright and intellectual property

All the elements of the Opendo Website, including texts, presentations, illustrations, photographs, videos, sounds, music, PDFs, tree structures and layouts are, except for public documents and additional information, the exclusive intellectual property of Opendo or its partners.

As such, their representation, reproduction, nesting, distribution and rebroadcasting, in whole or in part, are prohibited in accordance with the provisions of Article L. 122-4 of the Intellectual Property Code. Any person proceeding to it without being able to justify a preliminary and express authorization of the holder of these rights incurs the penalties relating to the offence of counterfeiting envisaged in articles L. 335-2 and following of the Code of the intellectual property.

In any case, on any authorized copy of all or part of the content of the Opendo Website, the words "Copyright Opendo, all rights reserved" must appear.

8. Trademarks

The trademarks and logos contained in the Opendo Website are registered by Opendo, or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, imbrications, disseminations and rebroadcasting incurs the penalties provided for in Articles L. 713-2 and following of the Code of Intellectual Property.

9. Creation of a Subscribed User account

In order to access the applications offered by Opendo through the Opendo Website, the User will have to take out a paid subscription. To do so, the User will have to fill in the form provided for this purpose, read and accept the Terms and Conditions of Sale and Use of Opendo online software and finally pay the subscription invoice. The User will then become a Subscriber or Subscriber User.

Subscription is not authorized for third parties except for the Subscriber's collaborators.

The subscription is strictly personal to each Subscriber User.

In the event that the Subscriber User breaches any of the provisions of this Agreement, Opendo reserves the right to terminate the Subscriber User's account without notice.

10. Control of access to minors

All minors are subject to the parental authority of their parents or guardians, who shall decide and supervise how the minor uses the Opendo Website.

11. Non-waiver of any provision

The failure of Opendo to enforce any provision of any legal document published by the Opendo Site does not constitute a waiver of Opendo's right to enforce such provision in the future.

12. Governing Law - Jurisdiction

The Terms of Use of the Opendo Website are governed by, construed and enforced in accordance with the laws of France. Only the French courts will have jurisdiction to hear any dispute relating to these Terms of Use and their implementation, including their validity, interpretation, execution, termination and consequences.

In the specific case of disputes between professionals and/or merchants, the Commercial Court of Paris will be competent.

Updated on 02/12/2020