Use of this Web site must comply with the conditions of use set forth herein and will be deemed to have occurred in France. This Web site (www.eos-imaging.com) contains information about EOS imaging and its subsidiaries. It is published by EOS Imaging, a French corporation, with registered offices at 10 rue Mercœur 75011 Paris, France, whose telephone number is +33 (0)1 55 25 60 60.
Personal Data Collection and Use
EOS imaging does not require users to disclose personal information, such as name, address, e-mail address and occupation. However, in order to obtain specific information or receive certain documents, you may have to register and enter certain personal data.
EOS imaging hereby informs you that all such personal data you may provide online are intended for use solely by EOS imaging, which shall be liable for processing and storing such data. Said data shall not be disclosed to third parties other than third parties hired by EOS imaging to host or manage the Web site or its Content. Third parties are required to maintain the confidentiality of said data and are prohibited from using the data for any purpose other than the operation or management of the Web site.
EOS imaging agrees to take all such reasonable measures as may be available to it in order to ensure the confidentiality of said personal data.
EOS imaging informs you that its Web site and its database which may contain said personal data have been declared to the National Commission for Data Processing (The Commission Nationale Informatique et Libertés - CNIL).
EOS imaging reminds you that, pursuant to the French law of January 6, 1978 on information technologies, data processing and individual freedom, as amended, you have the right to oppose, access and correct such personal data. You may exercise this right at any time by sending a request in writing to :
EOS imaging
Legal Department
10 rue Mercœur
75011 Paris FRANCE
dpo@eos-imaging.com
Any related changes or deletions will be made as soon as reasonably practicable and in any event, no later than eight working days following receipt of your notice.
Terms of Use
These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the Site or download materials from it.
EOS imaging may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. EOS imaging may remove, modify or otherwise change any content, including that of third parties, on or from this Site. EOS imaging may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. EOS imaging may terminate your use of the Site at any time in its sole discretion.
These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with EOS imaging or its parents, subsidiaries or affiliates. You may not use the Web Site if you do not agree with the Terms of Use.
Copyrights
All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright© 2009 EOS imaging, or are the proprietary property of EOS imaging’s affiliates or licensors. All rights reserved.
The Content includes, without being limited to, the architecture, the graphic style (including colors, fonts and graphic organization of Web pages), any and all available information and elements, such as, for example, texts, articles, photos, illustrations, images, trademarks and logos data, data bases, sounds (such as voices, music or sound effects), still or animated graphics (such as computer animations or videos), software and downloadable programs.
The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without EOS imaging’s prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to EOS imaging, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
The Content, in whole or in part, may not be copied, reproduced, retransmitted, broadcast, distributed or otherwise used, by any means, under any form or for any purpose, without the express prior written consent of EOS imaging. In any case, and without prejudice to the foregoing, the source (the present Web site and EOS imaging and/or its subsidiaries) and, as the case may be, the author, must be clearly indicated. Violation of the foregoing constitutes an infringement and may result in severe civil and criminal penalties. Violators will be prosecuted by EOS imaging and/or its subsidiaries, without prejudice to any other remedy they may have.
Trademarks
All trademarks on the Site are either trademarks or registered trademarks of EOS imaging or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of EOS imaging. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of EOS imaging or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of EOS imaging. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
Patents
EOS imaging’s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. EOS imaging reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of this Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of EOS imaging’s products or processes.
In using this Site, you agree :
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
- not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
- not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
- not to use or attempt to use another’s account, service or system without authorization from EOS imaging, or create or use a false identity on this Site;
- not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and,
- not use this Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patients particular condition or situation.
You also acknowledge that this web site is not a medical advice, which should only be obtained from licensed physicians.
You acknowledge and agree that EOS imaging may use the data collected in the course of our relationship for the purposes identified in our Privacy Protection, which is incorporated by reference as if fully set forth in these Terms of Use.
All content available through the Site, including but not limited to data, technical drawings, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Site. Specifications for products and services are subject to change without notice, and EOS imaging reserves the right to make changes without notice to processing, materials, or configuration. All information on the Site is subject to the disclaimers of section 6 below.
Links to Other Web Sites. This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by EOS imaging of or affiliation or association of EOS imaging with or responsibility of EOS imaging for the linked Web sites or any content, services or products available on or through such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Links do not imply that EOS imaging or this Site is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ours or of any of our affiliates or subsidiaries.
Links from Other Web Sites. All links to this Site must be approved in writing by EOS imaging, except that EOS imaging consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link “points” only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked Web site, and (4) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by EOS Imaging or its affiliates, or be such as to damage or dilute the goodwill associated with the name and trademarks of EOS imaging or its affiliates. In any event, you agree that EOS imaging reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which EOS imaging’s consent has been withdrawn.
Third Party Content. This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither EOS imaging nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.
This site and the content available through it are provided on an “as is” and “as available” basis.
To the fullest extent permissible pursuant to applicable law, EOS imaging and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
You expressly agree that any use of this site, including all content, data or software distributed by, downloaded or accessed from or through the site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.
EOS imaging does not make any warranty that this site or its content will meet your requirements, or that this site or its content will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. Nor does EOS imaging make any warranty as to the results that may be obtained from use of this site or its content or as to the accuracy, completeness or reliability of any information obtained through use of this site.
Except as otherwise provided under applicable laws and regulations regarding the security of personal data, eos imaging disclaims any warranty or representation that confidentiality of information transmitted through the site will be maintained.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EOS Imaging OR THIRD PARTIES THROUGH THE SITE SHALL CREATE ANY WARRANTY.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
Under no circumstances, including, without limitation, negligence, shall eos imaging or its parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special or consequential damages arising from or in connection with the use of or the inability to use this site or any content contained on the site, or, except as otherwise provided under applicable laws and regulations regarding the security of personal data, resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data or other intangibles, even if EOS imaging has been advised of the possibility of such damages. The parties acknowledge that this is a reasonable allocation of risk.
You agree to indemnify, defend, and hold EOS imaging and EOS imaging’s affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, or content you post or share on or through the Services, or breach of these Terms of Use. EOS imaging reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
In addition to applicable disclaimers stated above, EOS imaging’s performance under these Terms of Use shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
These Terms of Use shall be governed by French law, subject to any national, European Community or international conventions or regulations, the provisions of which are mandatory. In addition, any public policy provisions on non-professional user protection shall prevail over the terms of the present Terms of Use in case of a conflict.
In the event of any discrepancy in the information between the French language version of the Internet site of the Company and the English language version of the Internet site of the Company, the French language version of the Internet site of the Company shall prevail.
In the absence of mutual agreement, any dispute arising from the interpretation and/or performance of the present Terms of Use shall be submitted to the exclusive jurisdiction of the competent court of the Regional Appeal Courts of Aix-en-Provence, France.
These Terms of Use constitute the entire agreement between you and EOS imaging governing your use of the Site. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.
If you have any questions or concerns about the Web Site, Services, or these Terms of Use, please feel free to contact us at dpo@eos-imaging.com.