General Conditions for Use of the “www.lux-residence.com” internet site

The “lux-residence.com” internet site offers advertising space on the internet for real estate professionals seeking to sell or rent prestigious properties, and to private individuals looking for prestigious properties to buy or rent.

Access to the http://www.lux-residence.com site (hereinafter called “lux-residence.com“), consultation and use thereof are subject to unconditional acceptance of these General Conditions for Use.

1. Site editor

Concept Multimedia is the “lux-residence.com” site editor.

Concept Multimedia, an S.A.S. (French Simplified Joint Stock Company) with €1,074,000 in capital, whose registered offices are located at ZI des Milles, Europarc de Pichaury - Bâtiment D5, 1330, avenue Guillibert de la Lauzière, 13592 Aix-en-Provence Cedex 3, France, is registered with the Aix-en-Provence Trade Register under number 399 146 356. The intra-community VAT number is: TVA FR7639914635600080.

The Director of Publication for the “lux-residence.com“ site is Mr. Cyril Janin.

The editor’s telephone number is: +33 (0)4.42.33.65.00 The e-mail address is: contact@lux-residence.com

The “lux-residence.com” site is hosted by Iliad Entreprises - 8 rue de la Ville l'Evêque - 75008 Paris - France. The hosting company’s phone number is: +33 (0)1.73.50.20.00

2. Customer extranet access on the “lux-residence.com” site

2.1. Access

The professional space on the “lux-residence.com” site is reserved to advertising customer of “lux-residence.com”. The customer must enter his identifier and his password in the space provided to access the services on the “lux-residence.com” site under the conditions laid down in article 2.2 below.

It is up to the professional space user to ensure the confidentiality of his identifier and password. He is responsible for all access, consultation or use of his identifier and password and any consequences for him or third parties.

2.2. Services available

The customer extranet allows each customer:

  • to access statistics for visits to his ads posted on line at “lux-residence.com”,

  • to post his offers on-line personally and to update them directly, under his exclusive responsibility.

To obtain complete information on inclusive rates and additional services or any other request, you can contact the sales department at the following e-mail address: serviceclient@lux-residence.com.

3. Intellectual property

3.1. Copyrights and related rights

All elements comprising the “lux-residence.com” site (texts, graphics, software, photographs, images, sounds, maps, names, logos, trademarks, miscellaneous copyrightable creations and works, databases, etc.), as well as the site itself, are covered by French and international legislation on copyrights and rights related thereto.

These elements are the exclusive property of Concept Multimedia, except for elements produced by parties outside “lux-residence.com” who have not ceded their copyrights or related rights.

Consequently, the user of “lux-residence.com” notably agrees not to:

  • use or question “lux-residence.com” for a third party;

  • reproduce multiple copies, whether for commercial purposes or not, of creations, information, classified advertisements or photographs present on “lux-residence.com”;

  • integrate all or part of the content of “lux-residence.com” into another site, whether for commercial purposes or not;

  • use a robot, notably for exploration (spider), an internet site search or recovery application or any other means of recovering or indexing all or part of the “lux-residence.com” site’s content, except in case of express prior authorization from Concept Multimedia;

  • copy information onto supports of any kind in order to reconstitute all or part of the original files.

Any unauthorized use, reproduction, representation or adaptation of any original page or form element from the “lux-residence.com” site constitutes an infringement engaging the offender’s civil and penal liability. It may also lead to a violation of rights of personal portrayal, individual rights or any other applicable rights and regulations.

Concept Multimedia reserves the possibility of using all legal channels against those persons who do not comply with the prohibitions contained in the present article.

3.2. Rights of the database producer

Concept Multimedia is the producer of the database comprising the “lux-residence.com” site, as meant by Article L 341-1 et seq. of the French Code of Intellectual Property. Any extraction or use of the content of the database not expressly authorized may engage its offender’s civil and/or penal liability. Concept Multimedia reserves the possibility of using all legal channels against those persons who do not comply with this prohibition.

3.3. Trademark rights

The “lux-residence.com” name and logotype are registered trademarks owned by Concept Multimedia. Any use thereof without express authorization may engage the offender’s civil and/or penal liability. Concept Multimedia reserves the possibility of using all legal channels against those persons infringing upon its rights.

4. Protection of personal data

In compliance with French Law No. 78-17 of 6 January 1978, referred to as the “Information Technologies and Civil Liberties” law:

  • all personal data collected through “lux-residence.com” site have been declared with France’s Commission Nationale de l’Informatique et des Libertés (C.N.I.L.);

  • all internet users have the right to access and correct data concerning them at all times. They can request for these data to be modified, completed, clarified, updated or deleted provided they are inaccurate, incomplete, ambiguous, expired, or in case their collection, use, diffusion or conservation is prohibited. This right can be exercised by postal mail sent to Concept Multimedia:

5. Responsibilities

Concept Multimedia refuses any responsibility:

  • if “lux-residence.com” access is interrupted for technical maintenance operations or updates of the information published;

  • if access to “lux-residence.com” (and/or sites linked thereto) is temporarily impossible due to technical problems, whatever the origin or source;

  • if direct or indirect damage of any kind is caused to the user as a result of the content, access or use of “lux-residence.com” (and/or sites linked thereto);

  • if abnormal use or unlawful exploitation is made of “lux-residence.com”. A “lux-residence.com” user is solely responsible for any damages caused to third parties and the consequences of claims or legal proceedings which may result. The user also gives up all right to any recourse against Concept Multimedia if legal proceedings are undertaken against him by a third party due to unlawful exploitation and/or use of the site;

  • if a “lux-residence.com” member loses his identifier and/or password or if his identity is stolen.

Concept Multimedia reserves the possibility of using all legal channels against those persons who do not comply with the prohibitions relative to Articles 323-1 to 323-7 of the French Penal Code, and notably those who fraudulently access all or part of an automatic data processing system of the “lux-residence.com” site.

6. Hypertext links

6.1. Links from the “lux-residence.com” site

The “lux-residence.com” site may contain hypertext links to sites operated by third parties. These links are provided for informational purposes only. Concept Multimedia has no control over these sites and refuses any responsibility for access, content or use of these sites, or for damages which may result from consulting the information presented on such sites. If the internet user decides to activate these links, he does so under his full and total responsibility.

6.2. Links to the “lux-residence.com” site

No hypertext link to the “lux-residence.com” site may be created without express prior authorization from Concept Multimedia.

If any internet user or legal entity wants to create a hypertext link to the “lux-residence.com” site from their site, they must first contact Concept Multimedia at the address indicated in point 4. The interested party will be informed as to whether their request is accepted.

To make browsing on "lux-residence.com" easier, cookies may be installed on your computer in order, for example:

- to save your search criteria,

- to identify you on your next visit.

Cookies are non-executable text files stored on your website browser when visiting a site. These files are anonymous and cannot be used to gather personal information about you. These anonymous files can be shared with our partners. Most modern browsers allow you to decide whether to accept or reject cookies and choose their shelf life.

If you do not want cookies installed on your computer, you can configure your browser to refuse them. These settings are usually found in the browser's "Tools" menu, by selecting "Internet Options" then "Privacy" or "Confidentiality". However, refusing cookies can impact on your user experience on "lux-residence.com".

For more information on the protection of personal data, please consult the legal provisions made available on the website of the Commission Nationale de l'Informatique et des Libertés (the French Data Protection Authority) via the following link: www.cnil.fr

8. Editorial content and other services provided

Articles and practical information on the real estate field are made available to internet users on the “lux-residence.com” site for informational purposes with a solely documentary aim. They do not in any case constitute an alternative to consulting a legal or business professional in this area.

Concept Multimedia would like to draw its internet users’ attention to the risks inherent to any real estate operation. Using the information and services proposed on the “lux-residence.com” site is the internet user’s sole responsibility. The internet user remains solely responsible for any commitments he/she accepts.

Concept Multimedia does not guarantee the completeness, exactness, update and exhaustiveness of the information and services provided. Concept Multimedia applies all resources available to it to provide internet users with high-quality content.

Consequently, Concept Multimedia, its partners or staff cannot be held responsible for any damages of any kind resulting from the information and services offered on the site.

9. Changes to the General Conditions of Use

Concept Multimedia reserves the right to change the General Conditions of Use for the ”lux-residence.com” site freely and at any time. Each internet user connecting to the “lux-residence.com” site is requested to consult the conditions of use regularly to learn of any changes made thereto. Repeated use of the site as changes to these conditions of use are made constitutes acceptance of the applicable General Conditions of Use by each user.

10. Competent Court – Applicable Law

Any litigation which may arise concerning the subject of the validity, interpretation, acceptance and execution of the present, whatever the place of subscription or payment, shall lead the parties to seek an amicable settlement. If such settlement is not reached within three (3) months, the courts at Aix-en-Provence alone shall be competent, even in case of introduction of third parties or multiple defendants, for emergency, restraining, injunction or application procedures.

These general conditions are subject to French law which determines what law applies on a case-by-case basis. If there is no contrary mandatory provision or if a choice is necessary to determine which law is applicable, French law shall apply.

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