Objective

The purpose of the present Terms and Conditions is to define the terms of provision of the ABYstyle site services, hereafter referred to as “the Service”, and the conditions of use of the Service by the User.

Any access and/or use of the site www.abystyle.com implies the unconditional acceptance and compliance with all the terms of these Conditions. They therefore constitute a contract between the Service and the User.

In the event that the User does not wish to accept all or part of the present terms and conditions, they are requested to forego any use of the Service.

Legal notice

The site www.abystyle.com is published by:

Abysse Corp SAS
133 Avenue de Caen
76530 Grand Couronne
France

Tel: 02 35 98 18 63
Fax: 02 35 98 19 27
Share capital: 1 393 663,62 €
RCS Rouen B 424 568 459
FR 38424568459

President: Xavier Sartoris
Director of publication: Magalie Eichler

The site www.abystyle.com is hosted by:

OVH
Simplified Joint-Stock Company
Share capital: 10 000 000 €
RCS Roubaix - Tourcoing 424 761 419 00045
Headquarters: 2 rue Kellermann - 59100 Roubaix – France

Definitions

User: The User is any person who uses the site, or one of the services offered on the site.
User Content: The term “User Content” designates data relating to the User across different sections of the site.
Member: The term “Member” designates a user identified on the site
Username: The term “Username” refers to the information necessary to identify a User on the site in order to access areas reserved for members
Password: The “Password” is confidential information kept secret by the User, used jointly with the Username to prove their identity

Access to the service

The Service is accessible free of charge to any User with Internet access. All costs pertaining to access of the Service, whether hardware, software, or Internet access costs, are exclusively the responsibility of the User. They are solely responsible for the proper functioning of their IT equipment as well as their internet access.

Certain areas of the site are reserved for Members after they have been identified using their Username and Password.

Abysse Corp reserves the right to refuse access to the Service, unilaterally and without prior warning, to any User who does not comply with the present terms and conditions of use.

Abysse Corp has implemented all reasonable means at its disposal to ensure quality access to the Service, but it is under no obligation to do so.

In addition, Abysse Corp cannot be held responsible for any malfunction of the server network or any other event beyond reasonable control, which may prevent or degrade access to the service.

Abysse Corp reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to carry out maintenance, or for any other reason, without the interruption creating grounds for obligation or compensation.

Intellectual property

The illustrations presented on the products are the exclusive property of their respective license holders and cannot be reproduced under any circumstances, for any reason whatsoever.

ABYstyle is a registered trademark of Abysse Corp. Any unauthorised reproduction of the brand, logos, and distinctive symbols constitutes an infringement liable to criminal penalties. The offender may be subject to civil and criminal sanctions and notably to penalties provided for under Articles L. 335.2 and L. 343.1 of the Intellectual Property Code.

Personal Data

Out of respect for the private lives of Users, Abysse Corp is committed to carrying out the collection of processing of personal information within this site in accordance with law no. 78-17 of 6th January 1978, relating to data processing, files, and liberties, which is known as the “Data Protection Act”. As such, the www.abystyle.com site is declared to the CNIL under number 1588228.

In accordance with article 34 of the “Informatique et Libertés” law, Abysse Corp guarantees the User the right to oppose, access and amend personal data concerning them.

The User may exercise this right:

                By using the available contact form
                By getting in touch directly at the following address:
contact@abystyle.com

Liability limitations

Access to certain sections of the site www.abystyle.com requires a Username and Password. The Password, chosen by the User, is personal and confidential. The User is committed to keeping their password secret and to not disclosing it in any form whatsoever. The use of their Username and Password in other parts of the Internet is done at the User’s own risk. It is the responsibility of the User to take all necessary measures to protect their own data against any breach.

Nevertheless, Abysse Corp is committed to putting in place all the necessary means to guarantee the security and confidentiality of shared data. The User is informed that one or more cookies, containing no personal information, may be placed on their hard drive for the purposes of ensuring login.

The User acknowledges the limitations and constraints arising from Internet networks and, as such, recognizes the inability to totally guarantee the security of data exchanges. Abysse Corp cannot be held responsible for damages resulting from the transmission of any information, including usernames and/or passwords, via the Service.

Abysse Corp may not be held responsible for any damage, direct or indirect, material or immaterial, or of any nature whatsoever, resulting from an unavailability of the Service or of any use of the Service. The term “use” should be understood in the broad sense, meaning any use of the site whatsoever, lawful or not.

The User agrees, in a general sense, to comply with all regulations in force in France.

Hypertext Links

ABYstyle offers hypertext links to websites which are published and/or managed by third parties.

Insofar as no control is exercised over these external resources, the User acknowledges that Abysse Corp assumes no responsibility for the provision of these resources, and cannot be held responsible for their content.

In Case of Emergency

Abysse Corp cannot be held liable in the event of any emergency or occurrences beyond its control.

Further Progression of the Present Contract

Abysse Corp reserves the right to modify the terms, conditions, and references of this contract at any time.

The User is therefore advised to regularly consult the latest version of the Terms of Use available on the ABYstyle site.

Duration and Cancellation

The present contract is effective for an indefinite period of time starting from the use of the Service by the User.

Applicable Law and Appropriate Jurisdiction

The rule of law, applicable to content and data transmission on and around the site, are determined by the New Code of Civil Procedure (NCPC) articles 46 and 48.

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