Terms and conditions of use – TUSK
Effective March 23, 2022.
The purpose of these general terms and conditions of use (hereinafter referred to as “GTCU”) is to provide a legal framework for the terms and conditions under which TUSK LICENSES makes the site and its services available, and to define the conditions under which the “User” may access and use the services. These GCU are available on the site under the heading “GCU”.
The GCU must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Any registration or use of the site implies the User’s unreserved and unrestricted acceptance of these GCU. When registering on the site via the Registration Form, each User expressly accepts these GCU by ticking the box preceding the following text: “I acknowledge that I have read and understood the GCU and accept them”.
In the event of non-acceptance of the GCU stipulated in the present contract, the User must renounce access to the services offered by the site. TUSK LICENSES reserves the right to unilaterally modify the content of these GCU at any time.
ARTICLE 1: Legal information
If the site is published by a legal entity: The TUSK LICENSES site is published by TUSK SOFTWARES, a company with share capital of 1000 euros, registered in the PARIS Trade and Companies Register under number 905253365, whose head office is located at 6 r d’Armaillé, 75017 PARIS, 07 68 66 14 63, contact@tusk-softwares.com. Intracommunity VAT number: FR85905253365. The Publishing Director is MATHIS LECOQUEN. The host of the TUSK LICENSES site is IONOS SARL, with capital of 100,000 euros, registered with the Sarreguemines Trade and Companies Register under number 431303775, with registered offices at 7 pl de la gare 57200 Sarreguemines.
ARTICLE 2: Site access
The TUSK LICENSES website is accessible free of charge from any location to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the User’s expense. Non-member Users do not have access to reserved services. To do so, they must register by filling in the form. By agreeing to register for the reserved services, the member User undertakes to provide truthful and accurate information concerning his civil status and contact details, in particular his e-mail address. The User is responsible for updating the information provided. They may modify this information by logging on to their member area. To access the services, the User must identify himself using his username and password, which will be communicated to him after registration and which are strictly personal. These are strictly personal and may not be disclosed. Should he/she do so, he/she shall remain solely responsible for any use made thereof. The User may also request unsubscription by visiting the dedicated page in his personal space or by sending an email to: rgpd@tusk-softwares.com. Unsubscription will take effect within a reasonable period of time. In the event of non-compliance with the general terms and conditions of sale and/or use, the TUSK LICENSES site may suspend or even close a User’s account after formal notice has been sent by electronic means and has remained without effect. Any deletion of an account, for whatever reason, will result in the deletion of all the User’s personal information. TUSK LICENSES shall not be held liable for any event due to force majeure resulting in malfunction of the site or server, subject to any interruption or modification in the event of maintenance. In such cases, the User agrees not to hold the publisher responsible for any interruption or suspension of service, even without prior notice. The User may contact the site by e-mail at the publisher’s e-mail address given in ARTICLE 1.
ARTICLE 3: Personal data
The site ensures that the User’s personal information is collected and processed with due respect for privacy, in accordance with the French Data Protection Act no. 78-17 of January 6, 1978. Under the French Data Protection Act of January 6, 1978, the User has the right to access, rectify, delete and object to his or her personal data. The User may exercise this right : – by e-mail to rgpd@tusk-softwares.com – by post to 6 r d’Armaillé, 75017 PARIS.
ARTICLE 4: Intellectual property
Trademarks, logos, signs and all site content (text, images, sound, etc.) are protected by the French Intellectual Property Code, and more specifically by copyright. If your trademark is protected, add : TUSK LICENSES is a registered trademark of TUSK SOFTWARES. Any representation and/or reproduction and/or partial or total exploitation of this trademark, of any nature whatsoever, is totally prohibited. The User must request prior authorization from the site for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the site in a strictly private context. Any use for commercial or advertising purposes is strictly forbidden. Any total or partial representation of this site by any means whatsoever without the express authorization of the website operator constitutes an infringement punishable by article L 335-2 et seq. of the French Intellectual Property Code. In accordance with article L122-5 of the French Intellectual Property Code, Users who reproduce, copy or publish protected content must cite the author and source.
ARTICLE 5: Liability
The sources of the information published on the TUSK LICENSES site are deemed reliable, but the site does not guarantee that it is free from defects, errors or omissions. The information provided is for general guidance only, and has no contractual value. Despite regular updates, the TUSK LICENSES site cannot be held responsible for changes in administrative and legal provisions occurring after publication. Likewise, TUSK LICENSES cannot be held responsible for the use or interpretation of information contained on this site. Users are responsible for keeping their password secret. Any disclosure of the password, in whatever form, is forbidden. The User assumes all risks associated with the use of his/her login and password. The site declines all responsibility. The site (indicate the name of the site) cannot be held responsible for any viruses that may infect the computer or any other hardware of the Internet user, following use, access or downloading from this site. The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
ARTICLE 6: Hypertext links
Hypertext links may be present on the site. Users are informed that by clicking on these links, they will leave the TUSK LICENSES site. TUSK LICENSES has no control over the web pages to which these links lead, and cannot under any circumstances be held responsible for their content.
ARTICLE 7 : Cookies
Users are informed that when they visit the site, a cookie may be automatically installed on their browser. Cookies are small files stored temporarily on the hard disk of the User’s computer by your browser and which are necessary for the use of the TUSK LICENSES site. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User’s visit, others remain. The information contained in cookies is used to improve the site, for example by : – enabling a service to recognize the User’s device, so that he or she does not have to give the same information over and over again, e.g. to fill in a form or a survey. – remembering that the User has already given his/her login and password, so that he/she doesn’t have to do so again on each new page. – monitoring how users use services, to make them easier to use and allocate sufficient power to ensure responsiveness. – analyzing “anonymized” data to help understand how users interact with different aspects of online services, and thus enable improvements. En naviguant sur le site, L’Utilisateur les accepte. A défaut d’acceptation, l’Utilisateur est informé que certaines fonctionnalités ou pages risquent de lui être refusées. L’Utilisateur pourra désactiver ce cookie par l’intermédiaire des paramètres figurant au sein de son logiciel de navigation.
ARTICLE 8: Publication by the User
The site allows members to publish comments and customer reviews. In their publications, members undertake to respect the rules of Netiquette (rules of good conduct on the Internet) and the legal rules in force. The site may moderate publications and reserves the right to refuse their publication online, without having to justify this to the member. Members retain full ownership of their intellectual property rights. However, by publishing a publication on the site, he/she transfers to the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his/her publication, directly or through an authorized third party, throughout the world, on any medium (digital or physical), for the duration of the intellectual property. In particular, the Member grants the right to use his or her publication on the Internet and cell phone networks. The publishing company undertakes to include the member’s name close to each use of his or her publication. Any content put online by the User is his/her sole responsibility. The User undertakes not to put any content online that could harm the interests of third parties. Any legal action taken by a third party against the site will be borne by the User. The User’s content may be removed or modified by the site at any time and for any reason, without prior notice.
ARTICLE 9: Applicable law and jurisdiction
This contract is governed by French law. In the event of failure to resolve a dispute between the parties amicably, the French courts shall have sole jurisdiction. If you have any questions concerning the application of these GCU, you may contact the publisher using the contact details given in ARTICLE 1.
