1. General
CYBEE is a SAS (simplified joint stock company) whose registered office is located at 65, rue Hénon, 69004 LYON – FRANCE, and is registered in the Lyon Trade Register under number 922 230 867 (VAT number: FR259 222 308 67).
The cybee.fr website is hosted by Orange Business. Its customer service can be reached by email at contact at cybee.fr for all countries from which the site is accessible.
CYBEE SAS (hereinafter referred to as “CYBEE”) distributes and publishes the cybee.fr website (hereinafter referred to as the “Site”). By accessing or browsing the Site or the services offered via the Site (hereinafter referred to as the “Services”) and by using them, the user of the Site (hereinafter referred to as “You” or the “User”) agrees to be bound by the general conditions of use of the Site (hereinafter referred to as the “GCU”) in their entirety. Please refrain from using or accessing the Site or the Services if you do not accept these TOU without reservation. The version of the GCU that is enforceable against you is the one that is online at the time you use the Site or its Services. These GTU may be modified at any time by CYBEE, without prior notice. You agree to regularly consult the GTCU in order to be informed of the latest modifications.
2. Use of the Site and Services
You agree not to exchange, modify, copy, reproduce, publish, display, transmit, distribute, display on screen, perform, transfer or sell any postings, messages, texts, files, images, photos, videos, sounds or any other elements of the Site (hereinafter collectively referred to as the “Content”) from the Site, including any text, image, audio or video excerpts, for any purpose whatsoever. You agree not to interfere or attempt to interfere with the proper working of the Site or Services in any way whatsoever.
Subject to these TOU, CYBEE grants you a worldwide, non-exclusive, non-transferable, non-assignable and limited license to access, display and use the Website. You agree not to upload, post or transmit via the Site or Services any material that:
- Restricts or inhibits any other individual’s access to the Site and/or Services;
- Is fraudulent, illegal, harmful, threatening, abusive, tortious, defamatory, obscene, hateful, harassing, or invasive of another’s privacy;
- Constitutes or encourages conduct that would be likely to result in criminal liability, give rise to civil liability or otherwise violate the provisions of any law;
- Violates or infringes upon the rights of another party, including, without limitation, any patent, trademark, trade secret, copyright, other proprietary right or attribute of personality right;
- Contains a virus, malware, indexing software, data-mining process, automatic data-collection device, automatic data-extraction tool or other harmful component;
- Constitutes unsolicited or unauthorized promotional or advertising content such as spam, chain letters, pyramid schemes or any other form of unauthorized solicitation;
A limited exception is granted to general Internet search engines that use tools to collect information for the sole purpose of displaying hyperlinks to the Site, provided that each does so from a fixed IP address or range of IP addresses using an easily identifiable agent.
3. Services
3.1 General Services
The purpose of the Site is to present and sell CYBEE products. The sale of products is governed by CYBEE’s General Terms and Conditions of Sale (hereinafter referred to as “GTCS”). Please note that although the Site is accessible worldwide, the purchase of products presented on the Site is reserved for customers domiciled in the territories specified in the GCS, which you should read before ordering from the Site. CYBEE reserves the right, temporarily or permanently and at its sole discretion, to implement new Services such as newsletters, emails, instant messaging, blogs, discussion forums or other Services on the Site.
3.2 Chat Service
CYBEE may add a chat service in order to better answer Your questions (hereinafter referred to as the “Chat Service”). Any User who accesses the Chat Service agrees to abide by these Terms and Conditions and also agrees not to post any content (this list is not exhaustive) of a violent, pornographic, racist, anti-Semitic, and/or xenophobic nature, infringing on intellectual property rights, privacy rights, and/or confidentiality commitments. CYBEE gives you the possibility of personalized assistance by authorizing its Chat Service or Customer Service to take control of your account. CYBEE can make a request to this effect on the Chat function, and you can reply that you accept it. Your consent will be recorded, and the manipulation of your account only concerns the Site, and in no way your computer or any other Internet site.
When using the Chat Service, you agree that all of your messages will be recorded, in particular for quality control purposes, and that if, for example, any of your messages appear to be offensive, CYBEE reserves the right to block your access to the Chat Service.
You authorize the publication of the content of your messages and hereby grant CYBEE a license to the following rights:
- The right to reproduce the content on any multimedia medium, paper, film, optical disc format, etc., and in any form of graphic art, authorized by any technical process and by any processing mode (analog, digital, … ) for terminals such as computers, cell phones, digital tablets, etc., in any type of format, as well as the right to store, archive and host it on the servers used by CYBEE in any type of format;
- The right to communicate the content to the public by any means and through any communication network, including Internet, wireless, and/or digital download, etc…;
- The right to adapt the content, in any format and framing, all illustrated with captions, text and comments, this right being understood as the right to modify the content, in particular for reasons of graphics, format, clarity and/or color, which may be imposed by the particular technical formats mentioned above.
This content license is valid for all languages, for the world and for the duration of copyright protection, in accordance with French law and applicable international conventions. You acknowledge that you will not receive any remuneration for these content publications.
You expressly guarantee that the content you publish on the site is original and belongs to you, that it does not infringe the intellectual property rights of a third party or violate anyone’s privacy.
4. Modification, interruption or termination of Services
CYBEE reserves the right, without notice and at its sole discretion, to terminate or restrict in whole or in part your right to access or use the Site and/or to modify or terminate any Service. You acknowledge that CYBEE may do so without any liability whatsoever.
5. Creating a user account
You may register on the Site in order to obtain a personal account (hereinafter referred to as the “User Account”). The User Account allows You to obtain numerous advantages such as :
- Check and modify your account information
- Change your password
- Subscribe to CYBEE newsletters
If you have forgotten your password, CYBEE can send you a new one via a secure Internet connection to the e-mail address you provided when you registered. You will then be able to log back into your User Account to change the password.
By registering, You agree and undertake to:
- To provide only true, current, complete and accurate information as requested in the registration form or any other form you may have filled out on the Site;
- To maintain and update the information provided to CYBEE;
- Protect the confidentiality of your user name and password;
- Assume responsibility for all activities related to the use of your username and password.
You are responsible for all losses, expenses, damages and any additional costs that result from the disclosure of false, incorrect or incomplete information by you, or from the failure to update the information provided at the time of your registration or at any other time during your use of the Site and/or the Services.
6. Content of the Website
CYBEE undertakes to provide accurate descriptions and representations of the products presented on the Website. CYBEE does not, however, warrant that the information and graphics contained on or accessible through the Site are reliable, accurate, current, useful or understandable at all times.
The Site may contain typographical errors, inaccuracies or omissions, some of which may relate to the price, availability or characteristics of the Products. CYBEE reserves the right to correct such errors, inaccuracies or omissions, even after an Order has been placed, and to modify and/or update the aforementioned information at any time and without prior notice.
7. Intellectual property rights
All Content and, more generally, all elements communicated or made available on the Site (texts, images, sounds etc.), excluding content provided by users, are the exclusive property of CYBEE or are used by CYBEE with the express authorization of the holder of the copyright and/or trademark rights concerned.
These elements may not be reproduced, used or represented without the express authorization of CYBEE or the third party owners. You acknowledge and agree that any infringement of copyright, trademark or other intellectual property rights may result in civil and/or criminal penalties.
8. Security of electronic data transfer
CYBEE strives to maintain the highest standards of computer security. However, no data transmission over the Internet can be considered completely secure and private.
You acknowledge that any message or information you send to the Site or via the services may be read or intercepted by third parties. Sending electronic mail to CYBEE does not create any reciprocal obligation or liability on the part of CYBEE to you.
9. Links to other sites
The creation or maintenance of a link to the Site must be authorized in writing by CYBEE. However, CYBEE may, without prior notice and at its sole discretion, temporarily or permanently, at any time, revoke any such authorization without liability. The Website may contain links to other websites or may itself be accessible via other websites.
CYBEE provides and authorizes these links for your convenience, and is not responsible for the content of websites linked to the Site. The inclusion of links to other sites on the Site does not imply approval, endorsement, sponsorship or recommendation of such sites by CYBEE. Accordingly, CYBEE makes no warranty, express or implied, as to the accuracy, legality, reliability or validity of any content of any other website.
10. Confidentiality and Privacy
CYBEE attaches great importance to respecting your privacy. CYBEE is committed, within the framework of its activities and in accordance with the legislation in force in France, Europe and throughout the world, to ensuring the protection, confidentiality and security of users’ personal data.
All personal information that CYBEE collects from you in connection with your use of the Site is subject to CYBEE’s Privacy Policy.
11. Invalidity
If any provision of these TOU is found by a court of competent jurisdiction to be void, invalid or unenforceable for any reason, that provision shall nonetheless be enforced to the maximum extent permissible so as to reflect the intent of the parties. The remaining provisions of the TOU shall remain in full force and effect without being altered or invalidated in any way.
12. Jurisdiction and applicable law
Any contract entered into with CYBEE is subject to French law, to the exclusion of rules arising from the law on private international law. Any dispute arising directly or indirectly from the conclusion, interpretation or execution of a contract concluded with CYBEE shall be submitted exclusively to the courts of Lyon (France).