Terms of use

This page states the terms and conditions governing Your use of La Fondation website https://lafondation3ds.org (hereinafter the “Website”).

Welcome to the Website, made available by Le Fonds de Dotation Dassault Systèmes, Endowment fund, located 10, rue Marcel Dassault, 78140 Vélizy-Villacoublay, France (hereinafter “La Fondation”, “We”, “Our” or “Us”).

Please read them carefully. These terms and conditions may be updated and amended by Us from time to time, so please visit this page periodically to review them.

By using the Website, by providing Us with information, by using the services (hereinafter “Services”) offered by the Website, You signify that You agree to be bound by these terms of use (“Terms of Use”). If You do not accept the following terms and conditions, do not use the Website or the Services provided therein.

DESCRIPTION OF THE SERVICES

The Website is offered to You, the user (hereinafter “User(s)”, “You” or “Your”) who connects to the Website and uses Our Services enabling (i) to submit a project to La Fondation and/or (ii) to access to a variety of resources.

You are responsible for obtaining access to the Website and the Services. Please note that such access may involve third-party fees (such as Internet service provider charges). In addition, You must provide and are responsible for the equipment necessary to access the Website and the Services.

We will endeavor to allow uninterrupted access to all or part of the Website. However, such access may be suspended, restricted or terminated at any time and without notice and We shall not be liable for such unavailability to the maximum extent permitted by applicable law.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website and the Services (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website or the Services.

Please note that even if the Website is available worldwide, this does not mean that part or all of the Services are available in Your country. You are responsible for checking that the use of the Website and Services comply with Your local laws.

SUBMISSION OF YOUR PROJECT

In order to fully use the Services, in particular to submit a project to La Fondation, You will have to provide certain mandatory information, as indicated on the Website. You agree to provide true, accurate, current and complete information about Yourself and/or Your project.

In consideration of the submission of You project, You represent that (i) You are at least 18 years old or, if You are between 13 and 18, You use the Website and/or any Service only with the involvement of a parent or guardian, (ii) You have the authority to accept these Terms of Use, including the right to do so on behalf of Your organization if You use the Website for professional purposes and (iii) You are not barred from accessing to the Website and using the Services under the laws of any applicable jurisdiction.

Parents and guardians are jointly and severally liable for all acts and omissions of their children aged under 18 years when using Website and/or any Services.

The personal data that You will provide to Us will be processed according to Our Privacy Policy, available at https://www.lafondation3ds.org/privacy-policy

YOUR CONDUCT WHEN USING THE WEBSITE AND/OR THE SERVICES

You acknowledge that You will not:

  • Upload, reproduce, post, display, license, sublicense or otherwise make available any content that is offensive, inappropriate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to all applicable laws and regulations;
  • Harm minors in any way;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content uploaded through the Services or the Website;
  • Upload, reproduce, post, display, license, sublicense or otherwise make available any content that (i) You do not have a right to make available under any law or under contractual or fiduciary relationships, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Website, the Services or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • Modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Website;
  • Use any elements available on the Website (including, without limitation, textures files) except if specifically authorized on the Website or through a separate license;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
  • Stalk or otherwise harass another User of the Website or the Services;
  • Create, send or submit unwanted email to any other User of the Website or the Services;
  • Collect or store personal data about other Users of the Website or the Services where relevant in connection with the prohibited conduct and activities set forth above; and/or
  • Violate in any manner any applicable laws.

Do not insert hyperlinks in the content You post linking to Your or third party sites or content which You have not checked to ensure they comply with the abovementioned guidelines or which may violate the Terms of Use.

LINKING TO THE WEBSITE

You may link to the Website if You do not replicate the home page of the Website and subject to the following conditions:

  • You requested and obtained Our written prior approval;
  • You do not remove, distort or otherwise alter the size or appearance of Our logos;
  • You do not create a frame or any other browser or border environment around the Website;
  • You do not misrepresent Your relationship with Us nor present any other false information about Us;
  • You do not otherwise use any of Our trademarks displayed on the Website without Our prior express written permission;
  • Your website does not contain content that is distasteful, offensive or controversial towards Us or any third party, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause, upon Our sole discretion and to take any action We deem appropriate. You shall fully indemnify Us for any loss or damage suffered by Us due to breach of this clause.

LINKS TO THIRD PARTY WEBSITES AND CONTENT POSTED BY THE USERS

We have no control over any of the third party websites to which the Website has links nor do We contribute in any manner to these third party websites. We assume no responsibility for the materials of any third party websites to which the Website has links.

These links are provided solely as a convenience to You. If You use these links, You will leave the Website. We exclude all liability arising therefrom and do not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be obtained by using them. If You decide to access any third party websites linked to the Website, You do so entirely at Your own risk.

LICENSE TO ACCESS AND USE THE WEBSITE AND THE SERVICES – PROPRIETARY RIGHTS OF LA FONDATION

You acknowledge and agree that the Website, the Services, any software, data and any content provided by Us, including materials, used in connection with the Website, contain proprietary and confidential information that are protected by applicable intellectual property and other laws.

All materials and contents of the Website, including without limitation, data, the Website design text, software in object and source code (including applets), scripts, downloads, learning sessions, graphics, photos, interactive features and the like and their selection and arrangement, and the trademarks, trade names, trade dress, Website marks and logos contained therein are owned by or licensed to Us, and are subject to copyright and other intellectual property rights under all applicable laws.

All rights not expressly granted to You in these Terms of Use are reserved.

None of the above mentioned materials may be modified, reproduced, duplicated, copied, sold, resold, transmitted, published, licensed, transferred, visited or otherwise exploited for any commercial purpose, stored in any other website, included in any public or private electronic retrieval system or  service, redistributed or framed (or similar) without Our prior written permission.

You may not make any derivative use of the Website or its contents.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Us without Our prior express written consent.

You may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our prior express written consent.

You are permitted to print and download extracts or some content if technically allowed by Us from the Website for Your own personal use or for internal business purposes excluding any commercial activity, on the following basis:

  • No documents or related graphics on the Website are modified in any way;
  • No graphics on the Website are used separately from the corresponding text; and
  • Our copyright and trademark notices and this permission notice appear in all copies.

For the avoidance of doubt, this clause does not permit any resale of the Website or its contents provided by Us, any commercial use of all or part of the contents provided by Us, any derivative use of the Website or its contents or the use of robots, data mining or similar data collection and/or extraction tools is strictly prohibited.

Any unauthorized use may, at Our discretion, terminate the permission or license granted to You.

LIABILITY

7.1 The Website, the Services and the data contained therein are provided “as is” and on an “as available” basis and without warranty, representation, condition or other term of any kind, either express or implied as to the operation of the Website or the information content, materials on the Website.

To the extent permitted by applicable law, We exclude all representations, warranties, conditions and other terms which might have effect in relation to the 3Website, including but not limited to:

  • The implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, use of reasonable care and skill or similar anywhere in the world;
  • As to non-infringement of any third party’s intellectual property rights of any content published or made available through the Website;
  • As to the server(s) that make(s) the Website available being free of viruses or other disruptive code which may infect, harm or cause damage to Your computer equipment or any other property when You access, browse, download from or otherwise use the Website.

7.2 We do not guarantee that the Website will be error free and do not accept liability for any errors or omissions. We shall use reasonable endeavors to correct any errors or omissions as soon as reasonably practicable after being notified of them. You expressly agree that Your use of the Website is at your sole risk.

7.3 Any advice or recommendation given by Us or Our employees or agents to You which is not confirmed off-line in writing by Us, is followed or acted upon entirely at Your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed, to the extent permitted by applicable law.

7.4 Nothing in these Terms of Use shall exclude or limit Our liability (i) for death or personal injury caused by Our negligence; (ii) for fraud; or (iii) for any liability which cannot be excluded or limited under applicable law.

To the extent permitted by applicable law, La Fondation excludes all liability and responsibility for any amount or any kind of loss or damage caused to You or to a third party in respect of the Website, its content, and/or the Services including, without limitation, any indirect, punitive or consequential loss or damages, loss of profits, expenses, loss of data, loss of software packages, damaged or lost hardware whether in tort, contract or otherwise.

7.5 You will defend, indemnify and hold harmless Us (and Our employees and agents) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) relating to any claim that arises out of or relates to: (i) any actual or alleged breach of Your representations, warranties, or obligations set forth in these Terms of Use; or (ii) any infringement of any intellectual property or proprietary rights You sell or use or any content You provide via your own website or other sale channels.

ELECTRONIC COMMUNICATIONS

When You visit the Website, using the Services or send e-mails to Us or to the other Users, You are communicating with Us and the other Users electronically. You consent to receive communications from Us or the other Users electronically. You agree that, to the extent permitted by applicable law, all agreements, notices, disclosures and other communications that We and the other Users provide to You electronically satisfy any legal requirement that such communications be in writing.

TERMINATION

La Fondation may suspend Your ability to use certain portions of the Website and or the Services, and/or ban You altogether from the Website if You violate any of the provision of these Terms of Use. You understand and accept that We may not be held liable for such suspension and/or ban.

All assignments of rights to La Fondations, warranty limitations, and liability limitations provided by these Terms of Use will remain in effect after the termination of Your use of the Service.

SEVERABILITY

If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the other provisions shall remain in full force and effect, and the affected provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the original intent of the parties.

APPLICABLE LAW AND JURISDICTION

The Terms of Use shall in all respects be governed and construed in accordance with the laws of France and any dispute arising out of or in connection with the use of the Website or the Services shall be brought before the exclusive jurisdiction of the competent Courts of France.

If You are a consumer who do not act for professional or commercial purposes, then You may be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for You to use.

Nothing in this paragraph shall deprive You of the right to bring or defend proceedings in Your home state if You are a consumer who do not act for professional or commercial purposes.

MISCELLANEOUS

You may benefit from additional rights according to mandatory laws of the country in which You have Your habitual residence. We do not intend to limit these rights beyond what is applicable according these mandatory provisions

Date Last Modified These Terms of Use were last modified on May 2018