General Terms of Use

1. LEGAL NOTICE

The website accessible at www.capitalpv.com is designed and edited by Capital PV, a simplified joint-stock company with a capital of 16,000 euros, with its registered office located at 28 Rue des Colonnes du Trône, 75012 Paris, registered in the Paris Trade and Companies Register under number 840 695 589. 

The website is hosted by OVH, a simplified joint-stock company with a capital of 50,000,000 euros, with its registered office located at 2 Rue Kellermann, 59100 Roubaix, registered in the Lille Trade and Companies Register under number 424 761 419.

2. DEFINITIONS

The following terms, starting with a capital letter, used in these general terms of use (hereinafter “Conditions“) will have the following meanings:

  • “Content(s)”: refers to content uploaded by the Company as well as User comments present on the site.
  • “Intellectual Property Rights”: refers to all property rights and interests of any nature owned or licensed by the Company, existing as of the date hereof or developed by the Company during the term hereof, including those related to the site and the Services and should notably include, but not limited to, any invention, idea, improvement, manufacturing know-how, technology, trade secret, trademark, patent.
  • “Site”: refers to the internet site: www.capitalpv.com.
  • “Company”: refers to Capital PV, a simplified joint-stock company with a capital of 16,000 euros, with its registered office located at 28 Rue des Colonnes du Trône, 75012 Paris, registered in the Paris Trade and Companies Register under number 840 695 589.
  • “Users”: refers to any natural person acting for their own account or on behalf of a legal entity visiting the Site and accessing the Content.

3. PURPOSE

These Conditions aim to define the terms and conditions of use of the Site by the Users.

4. ACCEPTANCE OF CONDITIONS

The User agrees that by accessing the Site, they accept to be unconditionally bound by these Conditions as well as the privacy policy mentioned in Article 9 of these Conditions. 

Therefore, it is recommended that the User read these Conditions very carefully. 

The Company reserves the right to modify, in whole or in part and at any time, these Conditions. Any modification of the Conditions will be effective from the date of its publication on the Site. 

Any User continuing to access the Site after the publication of the new Conditions will be considered as having accepted these modified or replaced Conditions. Therefore, it is recommended that Users regularly consult these Conditions.

5. USE OF THE SITE

The User acknowledges that the Site is made available to them solely for informational purposes and that no service is offered by the Company on the Site.

The User undertakes to use the Site only for their personal use and not to, in general, engage in acts, of any nature, that would infringe upon public order, the rights of the Company or third parties, or more generally, be contrary to legal provisions, regulations, or prevailing practices. 

In this regard, the User commits, in the framework of their use of the Site, and without this list being exhaustive, to strictly adhere to the following rules:

  • Not to publish content that would infringe the rights of third parties or of the Company, including Intellectual Property Rights, such as the right to privacy, to the image, or to honor or dignity;
  • Not to harm or attempt to harm the integrity or security of the computer infrastructure underlying the operation of the Site, and notably not use a process designed to distort, alter, modify, disassemble, erase the Site or protocols and communications such as, notably, viruses, trojan horses, logic bombs, etc.
  • Not to use the Site to transmit unsolicited commercial messages (“spam”);
  • Not to extract data from the Site, at the level of data stored by the Company for the operation of the Site or at the level of Content from other Users, for unauthorized reuse;
  • Not to collect information from other Users, including their email address, in order to use it notably for sending commercial solicitations or equivalent, or to integrate it within a referencing service.

In case of breach by a User of one or more of these rules, the Company reserves the right to take any action necessary to protect its rights. 

Furthermore, the Company also reserves the right to delete any contentious messages from the User at the origin of the breach.

6. HYPERTEXT LINKS

The establishment of a hypertext link pointing to the Site requires prior written authorization from the Company. 

Furthermore, the Company disclaims any responsibility related to the content of sites possibly linked to the present Site.

7. LIABILITY

The Company expressly disclaims all express, implied, or statutory warranties regarding any aspect of the Site, including and not limited to any warranty of merchantability and fitness for a particular purpose. 

The Company cannot also be held responsible in case of errors or inaccuracies of the information provided on the Site. 

The Company cannot be held liable for indirect or consequential damages including without limitation loss of customers, loss of profit, loss of revenue, damage to image, or third-party claims resulting from the use of the Site by the User. 

The Site is accessible and used via the Internet. Users acknowledge and agree that the Company does not operate nor control the Internet and that the Company cannot guarantee that the Site operates without interruption, safely, accurately, timely, without viruses or error-free, or that it is free from errors or omissions. Likewise, Users recognize that (i) viruses, computer worms, Trojan horses, or other undesirable data or software, or (ii) unauthorized users (e.g., hackers) may attempt to access and damage User data, computers, or networks. The Company cannot be held responsible for these activities.

8. INTELLECTUAL PROPERTY

The Company retains exclusive ownership of the Site, the site’s Contents, and the Intellectual Property Rights associated therewith. The User is prohibited, directly, indirectly, or through third parties, from infringing, jeopardizing, or limiting, by any measure, the Intellectual Property Rights held by the Company over the Site. 

Likewise, any reproduction, representation, adaptation, modification, translation, transformation, dissemination, integration into another material, commercial or non-commercial exploitation, and/or reuse in any manner of all or part of the elements composing the Site is strictly prohibited. 

The User acknowledges and is aware that non-compliance with this prohibition constitutes an act of infringement punishable civilly and criminally.

9. DATA PROTECTION AND PERSONAL DATA

The elements relating to the processing of personal data under these are described and governed by the provisions of the privacy policy that the User is invited to consult by clicking on the following link: Privacy Policy.

10. NOTIFICATIONS

Any correspondence addressed to the Company shall be transmitted by email to the address info@capitalpv.com and/or by mail to the following address: Capital PV–46 Avenue Lanessan, 69410 Champagne au Mont d’Or.

11. COMPLETENESS

The terms of these constitute the entirety of the obligations binding the Users and the Company and supersede any prior agreement, which they cancel purely and simply. 

The fact for one of the parties not to take advantage of a breach by the other party, of any of the obligations aimed at in these, should not be interpreted for the future as a waiver of the obligation in question.

12. APPLICABLE LAW AND JURISDICTION

These Conditions are governed by French law. 

If the User acts on behalf of a legal entity, the Commercial Court of Paris will have exclusive jurisdiction to settle any dispute or claim that results from these Conditions. 

In the case where the User acts for their own account, the competent court to settle any dispute or claim that results from these Conditions will be the court of the domicile of the defendant.