Legal Notice

© Momentys Agency – All rights reserved.
Contacts and access – Legal notice
You are currently on the “Momentys.com” website, which is the exclusive property of the MOMENTYS SAS company.

1. PRESENTATION OF SITE CONTENT

According to section 6 of law no. 2004-575 of 21 June 2004 regarding confidence in the digital economy, the identity of different contributors is specified to users of the www.momentys.com site for the purposes of its implementation and management. Owner: The information is provided for illustrative purposes only. Only the originals held at the Registries are legally valid, where a copy of the original act can be requested.

We inform you that the current website is the property of the Momentys France SAS organisation, which has a capital of €37,000 and is registered at the Paris Trade and Companies Register under the number 444 929 85 R.C.S Paris. Its head office is located at 20 rue de Prony – 75017 Paris – Tel: 01 56 99 79 79.

SIRET number: 44492985500054. Intra-Community VAT number: FR28444929855. Publication Director: Franck Milliot and Jean-Louis Trarieux, co-founders of Momentys France SAS. Web hosting provider: OVH – Head office: 2 rue Kellermann – 59100 Roubaix – France.

2. WEBSITE GENERAL CONDITIONS OF USE

The user acknowledges that they are aware of the current conditions of use and agrees to respect them. The use of the www.momentys.com website implies the full and complete acceptance of the general conditions of use described below. These conditions of use are liable to be modified or added to at any time. Users of the www.momentys.com website are therefore invited to consult them on a regular basis. The website operator makes every effort to offer users information and/or tools that are accessible and verified, but cannot be held accountable or responsible for errors, a lack of availability of information and/or the presence of a virus on their website.

3. DESCRIPTION OF SERVICES PROVIDED

The purpose of the www.momentys.com website is to provide information about the activities of the company as a whole. Momentys strives to provide information on the www.momentys.com website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or shortcomings when it comes to updates, whether they be on their part or due to information provided by third party partners. All the information shown on the www.momentys.com website is provided for illustrative purposes, and is liable to change. Furthermore, the information appearing on the www.momentys.com website is not exhaustive. It is provided subject to updates taking place after it is published online. Therefore, the information provided by the website operator is for illustrative purposes and does not provide the user with supporting and personalised analysis. The website manager cannot guarantee the accuracy or comprehensiveness of the information published on its website, or that it is up-to-date. Consequently, the user acknowledges that they use this information under their own exclusive responsibility.

4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA

The website uses JavaScript technology. The www.momentys.com website user acknowledges that they have checked that the computer system they are using does not contain any viruses and that it is in perfect working order. However, the website cannot be held responsible for material damage related to the use of the website. Furthermore, the user of the website agrees to access the website using up-to-date equipment, which does not contain any viruses and which has an updated version of the latest generation web browser. Users of the www.momentys.com website are required to comply with the provisions of the law relating to data processing, files and individual liberties, the violation of which is a punishable offence. In particular, pertaining to the personal information they access, they must abstain from collecting any data, misuse of data, and in general any act that could be detrimental to the private life or reputation of individuals.

5. INTELLECTUAL PROPERTY AND COUNTERFEITING

Momentys is the owner of the intellectual property rights or holds the usage rights for all the elements accessible on the website, in particular the texts, images, graphic design, logo, icons, sounds and software. The brands belonging to the website operator and its partners, as well as the logos appearing on the website may or may not be semi-figurative marks and are registered trademarks. Any representation, either total or partial, of the website by any other company, without the express authorisation of the website operator, is forbidden and constitutes an infringement punishable under sections L.335-2 and the Intellectual Property Code. It is the same case for any data appearing, as the case may be, on the www.momentys.com website, which is protected under the provisions of the law of 1 July 1998 incorporated into the Intellectual Property Code of the European directive of 11 March 1996 relating to legal protection of data. The general structure, as well as the software, text, images, animated images, sounds, expertise… and any other elements that make up the website, are the exclusive property of the website operator.

6. LIMITATION OF LIABILITY

Momentys cannot be held responsible for damage, either direct or indirect, caused to the user’s equipment when they are accessing the www.momentys.com website, and resulting from either the usage of equipment that does not meet the specifications indicated in point 4, the occurrence of a bug, or any incompatibility issues. Momentys also cannot be held responsible for indirect damage (such as market or opportunity losses, for example) resulting from the use of the www.momentys.com website. Interactive spaces (social networks) are available to users. Momentys reserves the right to delete, without prior formal notice, any content posted in this space which contravenes the applicable legislation in France, in particular under the provisions relating to data protection. Where applicable, Momentys also reserves the right to take legal proceedings against the user for civil and/or criminal liability, in particular in the case of messages of a racist, abusive, defamatory or pornographic nature, whatever medium is used (e.g. text, photo…). Users and visitors to the website are informed that Momentys is not responsible for relationships that may be established between a partner and an end client. Users and visitors to the website cannot put a hyperlink in place that directs to this website without the express prior authorisation of the website operator. The website operator cannot be held responsible for users accessing hyperlinks on the website that direct to other resources available on the internet.

7. MANAGEMENT OF PERSONAL DATA

The below policy details Momentys’ policy with regard to personal data on the Momentys Website that is accessible on the following addresses www.momentys.com (Hereafter referred to as the “Website”). Momentys respects your concerns regarding the confidentiality of the information and personal or professional data that you provide to us. By sharing your information and personal data with us, you consent to us using, analysing and, where necessary, disclosing it for purposes linked particularly to requests to receive newsletters or information. Consequently, we encourage you to read this policy very carefully. The current Personal Data policy applies to all personal data provided by you or for your company’s account on our website.

8. HYPERLINKS AND COOKIES

The www.momentys.com website contains a number of hyperlinks that direct to other websites, which are put in place with the authorisation of Momentys. However, Momentys is not able to verify the content of websites visited in this way, and consequently will assume no responsibility for this. The www.momentys.com navigation is likely to lead to the automatic collection of cookies on the user’s computer, which are stored temporarily in its memory or on your hard disk, in order to assist your navigation. In broad terms, a “cookie” file is a small sized file that allows Momentys to identify you but records information relating to a computer’s navigation on a website. Data obtained in this way aims to assist subsequent navigation on the website, and is designed to enable various measurements of visitor frequency. Momentys commits to only use information obtained via cookies during the time necessary for meeting the ends indicated above. You can block the collection of cookies by updating the settings on your web browser. Refusing to install a cookie can make it impossible to access certain services including those used by other websites, which can lead to the alteration or loss of certain settings or information. The user can, however, configure their computer in the following way, to block the collection of cookies:

In Internet Explorer™:
http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
In Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647,
In FirefoxTM: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies,
In Netscape: Edit / Preferences. Click on ‘Advanced’ and choose ‘Deactivate cookies’. Confirm by clicking OK.

For more information about cookies and how they are used, the visitor can consult the Information Commissioner’s Office case file, which can be found at: http://www.cnil.fr

9. APPLICABLE LAW AND DETERMINATION OF JURISDICTION

Any legal dispute relating to the use of the www.momentys.com website is subject to French law. Exclusive jurisdiction is granted to the appropriate courts of Paris.

10. THE PRIMARY RELEVANT LAWS

Law no. 78-87 of 6 January 1978, modified by law no. 2004-801 of 6 August 2004 relating to data processing, files and individual liberties. Law no. 2004-575 of 21 June 2004 regarding confidence in the digital economy.

11. TERMINOLOGY

User: The internet user connecting to and using the aforementioned website.
Personal data: “Information that allows, in whatever form, directly or indirectly, to identify the individuals it applies to” (section 4 of law no. 78-17 of 6 January 1978).