These general conditions of use (hereinafter the “General Conditions of Use”) set out the terms and conditions in accordance with which any Internet user (hereinafter the “User”) agrees to use the services and information available on https://www.dassault-aviation.com/ as well as on any other web pages associated with this domain name (hereinafter individually or collectively referred to as the “Website”).
1. Legal Notices
The Website is published by Dassault Aviation (Tax Identification Number: 712042456), a French “société anonyme”, established under the laws of France, with a capital of 66,789,624 euros, whose headquarters are located at 9, Rond-Point des Champs-Élysées – Marcel-Dassault – 75008 Paris, France, registered with the Register of Trade and Companies of Paris under no. 712 042 456 – Tel.: +33 (0)1 53 76 93 00 – Fax: +33 (0)1 53 76 93 20.
The Website publication manager is the Communication Director: Mr. Stéphane Fort. The associated contact email address is: firstname.lastname@example.org.
The Website is hosted by the company LinkByNet, a French “société par actions simplifies”, established under the laws of France, whose headquarters are located at 5-9 rue de l’industrie – 93200 Saint-Denis, France, registered with the Register of Trade and Companies of Bobigny under no. 430 359 927 – Tel.: +33 (0)1 48 13 00 00
2. User Acceptance of the General Conditions of Use
By accessing the Website and browsing the associated web pages, the User agrees to comply with and be bound by these General Conditions of Use. Dassault Aviation may be required to update these General Conditions of Use, in this case the updated version of the General Conditions of Use will apply automatically to the User following the date of publication on the Website.
When a User wants to use a service offered by Dassault Aviation through the Website (e.g. Newsletter subscription, contact form), the User must fill in a subscription form beforehand to be able to access or be entitled to it (hereinafter the “dedicated Services”). Validating the subscription form entails the User’s full and entire acceptance of these General Conditions of Use.
3. Dedicated Services
Dassault Aviation reserves the right, at its sole discretion, to temporarily or definitively disable all access to dedicated Services, at any time and without notice, for any reason whatsoever, including if the User has failed to comply with the provisions of these General Conditions of Use.
4. Information and Content
The information available on the Website, including that related to the dedicated Services, is provided by Dassault Aviation “as is” and without any guarantee of any kind whatsoever, express or implicit—with the exception of regulated information governed by article L.451-1-2 of the French Monetary and Financial Code—including, without this list being exhaustive, any warranty of merchantability, fitness for any purpose, accuracy, precision, completeness, consistency or lack of inaccuracies, errors including misprints.
Dassault Aviation reserves the right to modify Website information and content, including the dedicated Services, at any time without prior notice. Dassault Aviation shall not be held liable for the consequences of such modifications.
Dassault Aviation does not guarantee the User that access to the Website, including to the dedicated Services, will be uninterrupted and free from viruses or any other harmful elements. Dassault Aviation may, at any time, without prior notice and at its sole discretion, suspend or cancel the User’s access to all or part of the Website or its features, including those of the dedicated Services.
6. Intellectual Property
All Website content, including the dedicated Services (structure, text, documents, elements, graphics, software, etc.), is the exclusive property of Dassault Aviation or that of its service providers or is subject to an authorization for use and is protected under French legislation particularly in relation to intellectual property rights. The logos, distinctive signs of Dassault Aviation and any derivative versions thereof are protected by trademark law.
Any reproduction, modification, downloading, alteration, transmission, or dissemination, in whole or in part, of a document or information contained on the Website, including the dedicated Services, is strictly prohibited without the prior written authorization of Dassault Aviation, with the exception of a copy for private non-commercial use, subject to compliance with intellectual property rights and with any other property right mentioned.
The following statement must be included on any copies of all or part of the Website “Copyright 2017 DASSAULT AVIATION, all rights reserved”.
Any assignment or licensing relating to one or more Website elements, including the dedicated Services, shall be subject to the prior written authorization of Dassault Aviation. Failure to comply with this clause may result in prosecution. Furthermore, any User who fails to comply with this clause agrees to warrant Dassault Aviation and therefore undertakes to defend, indemnify and hold Dassault Aviation harmless against all the consequences associated with any action and/or expenses incurred by or against Dassault Aviation following use of the Website, including the dedicated Services, in violation of these General Conditions of Use or in the event of a violation of third-party rights including intellectual property rights.
7. Links to Other Websites
In order to facilitate access to other websites that are likely to provide additional information, Dassault Aviation may insert a number of links in the Website, including for the dedicated Services. Nevertheless, Dassault Aviation shall not be held liable with respect to any third-party website to which the User may have had access through these links. Dassault Aviation shall not be held liable for the unavailability, insufficiency or inaccuracy of any information provided by said third parties through such websites or for their content.
External websites may contain hypertext links to the Website. Such a link may not be set up without the prior written agreement of Dassault Aviation.
Neither Dassault Aviation nor any of its direct or indirect subsidiaries shall be liable to any User or any other third party for any direct or indirect damages or harm regardless of the cause, nature, or consequences, including, but not limited to, loss of income or revenue, loss of business, loss of profits, financial loss, loss of contracts or opportunities, loss of data or programs, loss of use or loss of savings, virus infections, loss of use of computer equipment for the User.
9. Applicable Law
These General Conditions of Use are governed by and construed in accordance with French law, excluding conflict-of-law rules.
10. Attribution of Jurisdiction
In the event of a dispute concerning the execution, existence, termination, validity or interpretation of these General Conditions of Use, Dassault Aviation and the User will attempt to amicably resolve any dispute relating to the General Conditions of Use within a period not exceeding sixty (60) days following receipt of the first written notification of the dispute from the first party to take action to the other party. Any dispute that Dassault Aviation and the User have not resolved amicably under the preceding conditions shall be finally and exclusively settled by the relevant courts in Paris (France) to which exclusive jurisdiction is attributed, even in the event of multiple defendants or call in guarantee.
11. Protection of Personal Data – Cookies and Other Trackers
The protection of your personal data is of great importance to Dassault Aviation.
Dassault Aviation undertakes to comply with all applicable provisions under the European (EU) Regulation 2016/679 of April 27, 2016 on the protection of natural person with regard to the processing of personal data and the free movement of such data (the “GDPR”) and the French law of January 6, 1978 as amended (hereinafter collectively referred to as the “Personal Data Legislation”).