General conditions of sale
Rights and Restrictions
Please read these terms and conditions of use (“Terms of Use”) before accessing or using the website at www.levinson.fr and all related websites, software, applications and/or plug-ins made available by
LEVINSON (“company”, “we”, “us”, “our” or “company”).
Ownership of the site; acceptance of the terms of use
These general terms and conditions of use (the "Terms of Use") apply to the LEVINSON website located at www.levinson.fr and all associated sites linked to the site www.levinson.fr by LEVINSON, its subsidiaries and affiliates, worldwide (collectively referred to as the “Site”). The Site is the property of LEVINSON (SASU).
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
LEVINSON reserves the right, at its sole discretion and at any time, to change, modify, add, or remove portions of these Terms of Use. It is your responsibility to periodically review these Terms of Use for changes. Your continued use of the Site following the posting of changes will mean you accept those changes. As long as you comply with these Terms of Use, LEVINSON grants you a limited, personal, non-exclusive, and non-transferable right to access and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, the “Content”), including the design, structure, selection, coordination, expression, “look and feel”, presentation and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to LEVINSON and is protected by trade dress, copyright, patent and trademark laws, and various other applicable intellectual property and unfair competition laws.
Except as expressly provided in these Terms of Use, no portion of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or medium for publication or distribution, or for any commercial enterprise, without the prior written consent of LEVINSON.
You may use information about LEVINSON products and services (such as data sheets, knowledge base articles, and similar information) made available by LEVINSON for downloading, provided that (1) you do not remove the copyright notices from copies of such materials, (2) you use such information for your personal, non-commercial use and do not copy or post such information on any networked computer or broadcast it in any media, (3) you do not make any modifications to such information, and (4) you make no representations or warranties with respect to the content of such materials.
Use of the Site
You may not use any automatic device, program, algorithm, or other method such as “deep-link,” “page-scrape,” “robot,” “spider,” or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Site or Content, or to reproduce or circumvent the navigational structure or presentation of the Site or Content to obtain or attempt to obtain any data, materials, or information through any means not purposely made available through the Site. LEVINSON reserves the right to prohibit such activity.
You shall not attempt to gain unauthorized access to any section or feature of the Site, or any other system or network connected to the Site or to a LEVINSON server, or to the services offered on or through the Site, by hacking, password "sniffing" or any other illegitimate means.
You may not attempt to probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach any security or authentication measures implemented on the Site or networks connected to the Site. You may not reverse-search, trace, or attempt to trace information about other users of or visitors to the Site, or other LEVINSON customers, including any LEVINSON account not held by you or its source, nor exploit the Site or the services or information made available or offered on or through the Site in any way to reveal any such information, including personally identifiable information or information other than your own information, as it appears on the Site.
You agree not to take any action that imposes an unreasonable or excessive load on the infrastructure of the Site or LEVINSON's systems or networks, or any systems or networks connected to the Site or LEVINSON.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site or with any other person's use of the Site.
You may not attempt to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission sent to LEVINSON on or through the Site, or any service offered on or through the Site. You may not pretend to be or represent someone else, or impersonate any other entity or legal entity.
You must not use the Site or its Content for any purpose that is unlawful or prohibited by these Terms of Use, or to encourage any illegal activity or other activity that infringes the rights of LEVINSON or third parties.
Purchases and subscriptions; other general conditions
Additional terms and conditions may apply to purchases of goods or services, as well as to specific sections or features of the Site, including contests, promotions, and other similar offers, which terms are incorporated into these Terms of Use by reference. You agree to comply with any such additional terms and conditions, including, where applicable, confirming that you are of legal age to use or participate in the relevant service or offer. In the event of a conflict between these Terms of Use and the terms posted for, or applicable to, a specific section of the Site or a service offered on or through the Site, the latter terms shall prevail and govern your use of that section of the Site or that specific service.
If applicable, LEVINSON's obligations with respect to its products and services are governed solely by the agreements under which they were defined and nothing on this Site may be interpreted in such a way as to modify these agreements.
LEVINSON may make changes to the products and services offered on the Site or to the prices applicable to these products and services at any time and without notice. Information published on the Site concerning products and services may be out of date, and LEVINSON makes no commitment to update the information published on the Site concerning these products and services.
The rules and policies set forth may be modified if necessary and will be applicable upon publication of these modifications on the Site.
Accounts, Passwords and Security
Certain services and features offered on or through the Site may require you to open an account (including setting up a LEVINSON ID and password). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify LEVINSON immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for any losses incurred by LEVINSON or any other user of or visitor to the Site due to someone else using your LEVINSON ID, password, or account.
You may not use another person's LEVINSON ID, password, or account at any time without the express permission and consent of the holder of that LEVINSON ID, password, or account. LEVINSON shall not be liable for any damages arising from your failure to comply with these obligations.
Confidentiality
LEVINSON's Privacy Policy applies to your use of this Site, and its terms are incorporated into these Terms of Use by reference. To view LEVINSON's Privacy Policy. Click here. Furthermore, by using this Site, you acknowledge and agree that Internet transmissions are never completely confidential and secure. You understand that any message or information you transmit to the Site may be read or intercepted by others, even if a special notice specifies that a given transmission (credit card information, for example) is encrypted.
Links to other sites and to the LEVINSON site
This Site may contain links to other independent third-party websites (the "Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. These Linked Sites are not under the control of LEVINSON, and LEVINSON is not responsible for and does not endorse the content of these Linked Sites, including any information posted on them. You will need to make your own judgment regarding your interactions with these Linked Sites.
Warranty Exclusions
LEVINSON DOES NOT WARRANT THAT THE SITE OR ITS CONTENT OR THE SERVICES AND FEATURES OFFERED ON THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE SITE WILL PRODUCE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LEVINSON CANNOT GUARANTEE THAT FILES AND DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR HARMFUL FEATURES. LEVINSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LEVINSON ALSO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR ASSOCIATED WITH YOUR USE OF THE SITE AND/OR LEVINSON SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND LINKED SITES. YOUR SOLE REMEDY AGAINST LEVINSON FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY CONTENT. THIS LIMITATION OF REMEDY IS PART OF THE BARGAIN BETWEEN THE PARTIES.
The above warranty exclusions apply to all damages, losses or injuries due to any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, destruction, unlawful access or use, whether for breach of contract, tort, negligence or any other cause of action.
LEVINSON reserves the right to do any of the following at any time and without notice: (1) modify, suspend, or block operation of or access to all or part of the Site, for any reason; (2) modify all or part of the Site and any applicable rules or conditions; (3) interrupt the operation of all or part of the Site, for periodic or non-periodic maintenance, error correction, or modifications.
Limitation of liability
To the extent permitted by law, in no event shall LEVINSON be liable for any indirect, exemplary, incidental, or punitive damages, including any lost profits, even if LEVINSON has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, LEVINSON is found liable for any damages or injury suffered by you as a result of, or in connection with, the use of the Site or any Content, in no event shall LEVINSON's liability exceed (1) the total subscription or similar fees associated with the use of any service or feature of the Site paid during the six months preceding the date of the initial claim against LEVINSON (excluding the purchase price of any LEVINSON hardware or software products or support programs) or (2) €150.00. Some jurisdictions do not allow limitations of liability, so the above limitation may not apply to you.
Compensation
You agree to indemnify and hold harmless LEVINSON, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates from and against any demands, losses, financial liabilities, claims or expenses (including legal fees) resulting from actions brought by third parties against LEVINSON due to, or in connection with, your use of the Site.
Breach of these Terms of Use
LEVINSON may disclose information we have about you (including your identity) if we determine that such disclosure is necessary in connection with an investigation or complaint regarding your use of the Site, or to identify, contact, or prosecute someone believed to be causing injury to or interfering with, either intentionally or unintentionally, LEVINSON's rights or property, or the rights or property of visitors to or users of the Site, including LEVINSON's customers. LEVINSON reserves the right at all times to disclose any information it deems necessary to comply with any applicable law, regulation, legal process, or governmental request. LEVINSON may also disclose your information if we determine that applicable law requires or permits such disclosure, such as exchanging information with other companies and organizations for fraud protection.
You acknowledge and agree that LEVINSON may preserve information transmitted or communicated by you to LEVINSON through the Site or the services offered on or through the Site, and may disclose such information to the extent required by law or if LEVINSON determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these terms and conditions, (3) respond to claims that the data violates the rights of others, or (4) protect the rights, property, and safety of LEVINSON, its employees, users of and visitors to the Site, and the public.
You agree that LEVINSON may, in its sole discretion and without prior notice, terminate your right to access the Site and/or prevent you from accessing the Site in the future if it is determined that you have not complied with these Terms of Use or other agreements or guidelines that may be associated with the use of the Site. You also agree that any violation of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to LEVINSON for which monetary damages would be inadequate, and that LEVINSON may obtain any injunctive or equitable relief deemed necessary or appropriate in the circumstances. These remedies are in addition to any other remedies available to LEVINSON.
You agree that LEVINSON may, in its sole discretion and without prior notice, terminate your right to access the Site for any reason, including (1) upon request by a law enforcement or other government agency, (2) at your request (account deletion upon request), (3) in the event of discontinuance or material modification of the Site or any service offered on or through the Site, or (4) in the event of unexpected technical problems.
If LEVINSON takes legal action against you as a result of your violation of these Terms of Use, LEVINSON will be entitled to recover from you, and you agree to pay, any attorneys' fees and costs incurred, in addition to any other relief available to LEVINSON. You agree that LEVINSON will not be liable to you or any third party for any termination of your right to access the Site as a result of your violation of these Terms of Use.
Applicable law; dispute resolution
You agree that all matters relating to your access to or use of the Site, including any disputes, will be governed by the laws of France, without regard to its conflict of law provisions. You consent to the jurisdiction of the French courts and waive any objection to such jurisdiction. Any claim under these Terms of Use must be brought within one (1) year after the cause of action accrues, after which time the statute of limitations will apply. No damages other than out-of-pocket expenses will be recovered or collected, provided that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between you and LEVINSON arising out of or relating to your use of the Site, the parties shall attempt to resolve such dispute promptly and in good faith. If unable to resolve such dispute within a reasonable time (not to exceed thirty (30) days), either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, the parties will then be free to exercise the rights or remedies available to them under applicable law.
Nullity in case of prohibition
LEVINSON administers and operates the Site www.levinson.fr from its offices in LYON, France; other LEVINSON sites may be administered and operated from various locations outside of France. Although the Site is accessible worldwide, not all features, products and services discussed, referenced, provided or offered on or through the Site are available to all persons or in all geographic areas, or appropriate or available for use outside of France. LEVINSON reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from a location outside of France, you do so on your own initiative and are solely responsible for compliance with applicable local laws.
Miscellaneous
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including the export control laws and regulations of France.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provision shall be limited or eliminated, to the minimum extent necessary, and replaced with valid provisions that better express the intent of these Terms of Use so that they will otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between you and LEVINSON relating to the use of the Site, and any other written or oral agreements previously existing between you and LEVINSON relating to such use are hereby superseded. LEVINSON will not accept any counter-offers with respect to these Terms of Use, and all such offers are hereby emphatically rejected. Any failure of LEVINSON to insist upon or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or right LEVINSON may have to enforce these Terms of Use. Likewise, the course of relations between LEVINSON and you or any third party shall not be construed as modifying the provisions of these Terms of Use. These Terms of Use shall not be construed as conferring any rights or remedies on any third party.
The LEVINSON Sites provide access to LEVINSON international data and may, therefore, contain LEVINSON references or cross-references to LEVINSON products, programs, and services that have not been announced in your country. Such references do not imply that LEVINSON intends to announce the release of these products, programs, and services in your country.
Comments and information
Any comments you provide to us on the Site will be considered non-confidential. LEVINSON will be free to use this information without restriction.
The information contained on this website is subject to change without notice.
Copyright © 2024 – LEVINSON All rights reserved.
LEVINSON, 12 RUE DE LA PART DIEU 69003 LYON
Updated by LEVINSON's Legal Department team on 08/31/2022.
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