Ecr-ref.com Terms of Service (“TOS”)                                        Revision : 22/Nov/2000

 

 

1. Access and  acceptance of the present Terms of Service

Welcome to ecr-ref.com. ecr-ref.com currently provides you access to one of Europe’s first intelligent Business to Business portals dedicated to the refrigeration and air conditioning market. Ecr-ref.com provides this Service to you, subject to the terms and conditions of the TOS, and any amendment made hereto, and any other terms of service applicable to your access or use of this Site or any portion of it. You can access these TOS at any time from http://www.ecr-ref.com.

 

“Service” shall mean the services or any portion thereof available on the Site.  Unless explicitly stated otherwise, any new features that augment, enhance, refine, or modify the current Service, including the release of new properties of ecr-ref.com or its suppliers,

 

“Site” means collection of files available to you through the http protocol of the internet at the Uniform Resource Locator (URL) http://www.ecr-ref.com/terms/termsofservice.htm For the purposes of these TOS, this definition of Site includes Content

 

BY ACCESSING ANY PORTION OF THE SITE, OR USING THE SERVICE OR THE SITE OR ANY PORTION THEREOF, OR ALLOWING OTHERS TO DO SO, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACCEPTING THE TOS, AS PART OF THE SERVICE’S REGISTRATION PROCESSS. If for any reason  you do not accept the TOS or any portion thereof, please contact ecr-ref.com immediately on webmaster@ecr-ref.com ; you may not be authorized to Use the Service or any other portion of the Site.  “Use” or “Using” means access to the Site and utilization of the Service.

 

You further acknowledge and agree that, in order to maintain flexibility in the Service, ecr-ref.com may from time to time change the TOS, at its sole discretion. However, these changes are not retroactive.  They apply, as of the day of their availability or other communication to you, including display of notices or links to notices on this Site, to new orders of or use of the Service and to ongoing transactions, such as licenses and services.

 

You understand and agree that it is your responsibility to familiarize yourself with any changes to these TOS; ecr-ref.com assists you in doing so by identifying the date of the last modification to these TOS at the top of this page.

 

In addition, when Using particular ecr-ref.com Services, you shall be subject to any posted guidelines applicable to such Services.  All such guidelines are hereby incorporated by reference into the TOS.

In order to Use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including without limitation a computer and modem or other access device.  You are solely responsible for such equipment, including repair and upgrade thereof.

 

Please not that the French Law of 11 March 1957 – section 2 & 3 of article 41 - authorizes only copies or reproduction for the exclusive private use of the copier and prohibits public use. In addition, it only authorizes the use of resumes or short quotes as examples or illustrations. Any distribution or reproduction, in whole or in part, without the consent of its author, assignee or beneficiary, is prohibited according to article 40, section 1. Any unauthorized distribution or reproduction of ecr-ref.com website, in any form or by any means, would therefore constitute a violation punished by articles 425 and follows of the French criminal code (Code Pénal). Any text available on the Site, unless specifically stated otherwise, are the legal and intellectual property of their editors.


2.  Your Registration Obligations

In consideration of ecr-ref.com granting you access to the Site and offering you Use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your company as prompted by the Service's registration form ("Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or ecr-ref.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ecr-ref.com has the right to suspend or terminate your account and refuse access to the Site and refuse any and all current or future Use of the Service (or any portion thereof).

 

3.  ecr-ref.com Privacy Policy

Pursuant to ecr-ref.com's privacy policy, ecr-ref.com may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the TOS. For more information, please see our full privacy policy at http://www.ecr-ref.com/terms/privacy.htm.


Pursuant to French Law n° 78-17 dated 6 January 1978, known as “Loi Informatique et Liberté” you can consult, modify or even delete any personal data made available to ecr-ref.com during its access or any use of the Service.  Ecr-ref.com’s data base constituted by Registration Datas has been properly registered at the “CNIL”. 


4.  Member Conduct

You understand that information, data, text, software, music, sound, photographs, graphics, video, messages or other materials whether publicly posted or privately transmitted by individuals or entities while Using the Service or collected or generated by ecr-ref.com from such use in accordance with ecr-ref.com’s Policy on Privacy available to you (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not ecr-ref.com, are entirely responsible for all Content that you upload or otherwise transmit via the Service. ecr-ref.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ecr-ref.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

 

Without limiting the generality of the foregoing, you further agree not to Use the Service or other portion of the Site to:

·         download, upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously, or otherwise objectionable;

·         harm or attempt to harm minors in any way;

·         impersonate any person or entity, including, but not limited to, a ecr-ref.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

·         forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

·         download, upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

·         download, upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

·         download, upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

·         download, upload, post, email or otherwise transmit any Content, advertising or promotional materials that  may be considered as comparative advertising or as unfair or anti-competitive or that may infringe any French or European competition law or regulation ;

·         upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

·         disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

·         interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

·         intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the French Securities and Exchange Commission, any rules of any national, European or other securities exchange and any regulations having the force of law;

·         "stalk" or otherwise harass another; or

·         disclose, collect or store personal data about other users.

 

5.  Special Admonitions for International Use

Recognizing the global nature of the World Wide Web (also known as the Internet), you agree to comply with all applicable local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from France, the EU or the country in which you reside and applicable laws regarding the transmission or exchange of personal data in the country you reside and any country the transmission or exchange of personal data related to.  Therefore, You  agree you shall not access, download, use or export the information, software, products or services contained on this website in violation of French or European export laws or regulations, or in violations of any applicable local laws or regulations.

 

6.  Content Available on ecr-ref.com

ecr-ref.com does not own Content furnished or submitted, unless specifically stated otherwise, or unless specifically agreed with you upon before such Content is transmitted or submitted. By providing or submitting Content, you automatically grant, or warrant that the owner of such Content has expressly granted ecr-ref.com, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide in or through any medium, including the internet, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge and agree that ecr-ref.com does not pre-screen Content, but that ecr-ref.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that has been transmitted or submitted or that is publicly available via the Service. Without limiting the foregoing, ecr-ref.com and/or its designees shall have the right to remove any Content that violates the terms or spirit of this TOS or is otherwise deemed objectionable.  You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

7.  Indemnity

You agree to indemnify and hold ecr-ref.com, and its parents, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content uploaded by you or otherwise privately transmitted through or publicly posted at or otherwise generated by you and made available at the Site, your Use of the Service, your access or connection to the Site, your violation of the TOS, or your violation of any rights of another.

 

8.  No Resale of Service

You agree not to reproduce, in whole or in part, in any form or by any means, including electronic or mechanical, photocopying,  scanning, page printing, recording, or by any information storage and retrieval system now known or hereafter invented, without written permission by ecr-ref.com or its licensors, any portion of the Site or Service, the use of the Service, or access to the Service, or  sell, resell or otherwise commercially exploit any portion of the Site or Service, the use of the Service, or access to the Service. You specifically agree that, unless agreed in writing between you and ecr-ref.com, your access to and Use of the Site does not allow you to create any private or public marketplaces or to provide services as an application service provider or to Use the Site or Service in any way which would be competitive to the Site or Service.

 

9.  General Practices Regarding Use and Storage

Unless otherwise agreed in writing between you and ecr-ref.com, you acknowledge that ecr-ref.com may establish general practices and limits concerning Use of the Service, the maximum disk space that will be allotted on ecr-ref.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ecr-ref.com has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by the Service. You acknowledge that ecr-ref.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ecr-ref.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


10.  Modifications to Services

ecr-ref.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ecr-ref.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11.  Termination

You agree that ecr-ref.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if ecr-ref.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS.  ecr-ref.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ecr-ref.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.  Further, you agree that ecr-ref.com shall not be liable to you or any third-party for any termination of your access to the Site or to the Service.


12.  Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ecr-ref.com has no control over such sites and resources, you acknowledge and agree that ecr-ref.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that ecr-ref.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such World Wide Web site or resource.

 

13.  Dealing with other Advertisers or Subscribers

Your correspondence or business dealings with, or participation in promotions of, other advertisers or Subscribers to the Site found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other advertiser or Subscriber. You agree that ecr-ref.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser or Subscriber on the Service.

 

14.  ecr-ref.com's Proprietary Rights

You acknowledge and agree that the Site and the Service and the Content contain Proprietary and Confidential Information of ecr-ref.com, its licensors, partners and suppliers and other advertisers or subscribers to ecr-ref.com or the Site that is protected by intellectual property laws and other applicable laws.  You may not, and this TOS does not give you permission to, reproduce, reverse engineer, de-compile, disassemble, modify or create derivative works with respect to the Site or the Service.

 

"Intellectual Property Rights" means patent rights, trademark rights, copyright rights (including, but not limited to, rights in audiovisual works and moral rights), trade secret rights and any and all other intellectual property rights recognized by the law of the applicable jurisdiction, including all current and future rights and all such rights arising out of ecr-ref.com providing the ecr-ref.com Site or Services hereunder. It also includes all like or similar rights that may exist in any country other than France where the Site or Services are used pursuant to this Agreement.

 

“Confidential Information” means the proprietary, non-public, confidential and valuable information of a party which the party desires to protect against disclosure or competitive use and which is in written or electronic form, or is disclosed orally or visually, and is identified or marked "confidential" or "proprietary" or with a designation of similar meaning (or if disclosed orally, identified as such at the time of disclosure or within 30 days after such disclosure), or any information which a reasonable person would deem to be non-public information.  In addition, Confidential Information also includes all information made available by ecr-ref.com,  ecr-ref.com or any third party licensor through the Site relating to any software embedded in the Site or required to provide you the Service, and any technology or know-how, and other  information including Content which by its nature is clearly to be deemed confidential or proprietary information of ecr-ref.com.  In accordance with Section 2.a, User ID’s and associated passwords are also Confidential Information.

 

You further acknowledge and agree that the software embedded in the Site and Services or otherwise required to provide you with the Service (the Software) is not provided to you as part of the Service and that you may not do, or attempt to do, any or similar or equivalent of the following:

 

 

You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ecr-ref.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or otherwise commercially exploit create derivative works based on the Service, in whole or in part.

Ecr will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement according to the French legislation or any European laws, and such infringement is occurring on this Site or on sites linked to from this Site, please provide webmaster@ecr-ref.com a Notice containing the following elements:

·         a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

·         a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;

·         a description of where the material that you claim is infringing is located on the Site;

·         information sufficient to permit Ecr to contact you, such as your physical address, telephone number, and email address;

·         a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

·         a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Any Notice of claims of copyright infringement can be addressed to webmaster@ecr-ref.com

 

15.  Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ecr-ref.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ecr-ref.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ecr-ref.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 
16.  Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ecr-ref.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ecr-ref.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO ACCESS THE SITE OR USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

17.  Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW. ACCORDINGLY, IN SUCH A CASE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

 

18.  Special Admonition for Services Relating to Financial Matters

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. ecr-ref.com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment or other financial decisions made based on such information.

 

 

 


19.  Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

 

20.  Publicity

You grant to ecr-ref.com the right to issue press releases listing you as a provider/customer of the services and to display your logo on ecr-ref.com's customer list and websites.

 

21.  Ownership of Software embedded in Site

You may not, and this TOS does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or attempt to ascertain the source code to any software used in or on the Site or to create derivative works with respect to the ecr-ref.com Web Site.

 

22.  Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site or Service , or your ordering of, bidding on or purchase of products and services, if applicable, and posting and retrieval of information (including without limitation those governing antitrust, unfair competition, false advertising, tax and export control). You are responsible for paying all applicable fees and taxes you incur in connection with access of our servers. You acknowledge that ecr-ref.com has an express policy of complying with the antitrust laws and that the operation of the Site is not intended to facilitate collusion or other illegal agreements among competitors. TO FURTHER THAT END, YOU REPRESENT AND WARRANT TO ecr-ref.com THAT YOU DO NOT INTEND TO USE THE  SITE TO VIOLATE THE ANTITRUST LAWS AND WILL NOT KNOWINGLY ACT AS A CONDUIT OR INTERMEDIARY FOR PRICE-FIXING OR ANY OTHER ANTI-COMPETITIVE AGREEMENT AMONG COMPETITORS.

 

23.  General Information

The TOS constitute the entire agreement between you and ecr-ref.com unless an expressed written agreement has been executed between you and ecr-ref.com in which case the executed agreement between you and ecr-ref.com would apply to the extent there is a conflict between the TOS and said agreement.  This Site is operated by GENERALE FRIGORIFIQUE SAS from its offices in France, 12, rue des Frères Lumière / BP 166 / 69720 Saint-Bonnet de Mure.  All matters relating to the present TOS, your access to , or use of, the Site or the Service shall be governed by the French laws. Any legal action or proceeding relating to the TOS, your access to, or use of, the Site or the Service shall be brought in the competent jurisdiction in Lyon (France).

 

The failure of ecr-ref.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

Use of the ecr-ref.com website or e-mail system for solicitation purposes is prohibited.  Any violation will be considered a trespass.  If any unauthorized party attempts to send unsolicited messages to ecr-ref.com email addresses, ecr-ref.com will take appropriate action.