General Terms and Conditions of Use
Article 1. Application
CSHIELD has put this website online to present some of CSHIELD’s activities. The information is provided for general information purposes only, with no guarantee of suitability for any particular purpose.
These GTCU apply to the use of the site accessible at the following address: https://cshield.io/ (hereafter the “Site“).
The User (hereafter the “User“) undertakes, by merely accessing the Site, to comply without reservation with the present GTCU.
CSHIELD reserves the right to modify the GTCU at any time. As a result, the User must regularly consult the GTCU to be informed on any changes to these.
Article 2. User’s obligations
In general, the User agrees not to make any use of the Site other than that defined in the present GTCU and which would in particular have the effect of harming CSHIELD’s interests in any way whatsoever.
The User undertakes to not directly or indirectly engage in any fraudulent, illicit, inappropriate or illegal activities when using the Site, where such activities include:
- interfering (by means of a device, software, programme or otherwise) with the proper function of the Site,
- attempting (by means of a device, software, programme or otherwise) to override any mechanism set up by the Site to detect or prevent the conduct of such activities,
- analysis, extraction or modification of the Site,
- testing the Site’s vulnerability. The User also undertakes to not distribute, sell or offer all or part of the Site to a third party.
The User also undertakes to not distribute, sell or offer all or part of the Site to a third party.
Article 3. Intellectual Property
3.1. CSHIELD is and shall remain the title holder and/or beneficiary of the right of use of all intellectual property rights, including all literary and artistic rights and all copyrights pertaining to its tools (which include the Site and its components), software, trademarks, drawings, models, images, texts, photographs, videos, logos, graphic charters, search engines, databases, methods, expertise and other elements used or made available to the User as part of its use of the Site (hereinafter referred to as “CSHIELD’s Intellectual Property“).
3.2. The User is granted a non-exclusive, revocable, personal and non-transferable right to use the Site worldwide for the period covering the supply of the Services.
3.3. Unless otherwise stipulated in the GTCU or CSHIELD has given its prior written agreement, no part of CSHIELD’s Intellectual Property may be copied, reproduced, downloaded, published, encoded, translated, transferred or communicated in any way whatsoever on any other advertising or communication medium, or for any commercial company whatsoever.
The present GTCU do not provide for the transfer or concession whatsoever of the copyright to any part of CSHIELD’s Intellectual Property and/or any intellectual property for which CSHIELD has a right of use.
3.4. Any total or partial reproduction or representation of, or any act using CSHIELD’s Intellectual Property made without CSHIELD’s express consent is prohibited and shall constitute counterfeiting sanctioned by Articles L.335-2 and above of the French Intellectual Property Code in particular.
As such, the User shall refrain from any act or deed likely to directly or indirectly infringe on CSHIELD’s intellectual property rights.
The User undertakes to not overstep the authorisation that it has been granted by the present GTCU, in particular with regard to the obligations of confidentiality regarding CSHIELD’s Intellectual Property.
Article 4. Limitation of liability
CSHIELD does not guarantee that the Site or its content shall be free of error or can be accessed without interruption. CSHIELD shall not be held liable for any interruptions to or dysfunction of the internet connection or mobile network stemming from outside elements that prevent access to the Site, even where these elements do not constitute an event of force majeure. In such case, the User may not claim for damages of any kind.
CSHIELD is notably freed of its obligation to provide access to the Site in the event of any unforeseeable incident or case of force majeure as defined by the jurisprudence of French courts in application of Article 1218 paragraph 1 of the French Civil Code or due to any deed attributable to a third party or any other circumstance beyond CSHIELD’s control that would indirectly or directly prevent the latter from fulfilling its obligations.
ABSENCE OF DECLARATION OR GUARANTEE AND ABSENCE OF DAMAGES: THE ACCESS TO SITE SUBJECT TO THE PRESENT GTCU IS PROVIDED WITHOUT ANY GUARANTEE, PARTICULARLY IN TERMS OF COMMERCIAL PERFORMANCE RESULTING FROM THE USER’S USE OF THE SITE OR THE ACCURACY AND COMPLETENESS OF THE INFORMATION AVAILABLE ON THE SITE. CSHIELD HEREBY ACCEPTS NO EXPRESS OR TACIT LIABILITY. CSHIELD MAY NOT BE HELD LIABLE IN THE EVENT OF INDIRECT DAMAGE, INCLUDING ANY LOSS OF INCOME, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, LOSS OF INFORMATION, DATA LOSS OR NON-AUTHORISED ACCESS TO INFORMATION. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.
Article 5. Confidentiality
The User undertakes to not transfer information about the Site to any third party without CSHIELD’s prior written consent (by email in particular).
As such, the User shall take all the necessary precautions with its staff or the companies that it may have contracted, in order to preserve the confidential nature of the information.
The information concerned by this obligation of non-disclosure includes but is not limited to all information provided in order to access the Site or any technical information not in the public domain. This obligation of confidentiality shall remain in effect for a period of five (5) years as from the end of the User’s use of the Site and Services.
Article 6. Applicable law and award of competence
The GTCU are subject to French law. THIS APPLIES TO RULES OF SUBSTANCE AND RULES OF FORM, REGARDLESS OF WHERE THE SUBSTANTIAL OR ACCESSORY OBLIGATIONS ARE TO BE PERFORMED. IN THE EVENT OF A DISPUTE, COMPETENCE SHALL BE GIVEN TO THE COMPETENT COURT OF PARIS, EVEN IN THE CASE OF A PLURALITY OF DEFENDANTS OR OF THE INTRODUCTION OF THIRD PARTIES, AND EVEN FOR EMERGENCY OR PRECAUTIONARY URGENT OR ON-DEMAND PROCEEDINGS.