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 “lux-residence.com” General Conditions for Use.
1. Site editor
Concept Multimedia is the “lux-residence.com” site editor.
Concept Multimédia, 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 Director of Publication for the “lux-residence.com“ site is Mr. Jean-Christophe Serfati.
The “lux-residence.com” site is hosted by Telecom Italia - 18 rue de Londres - 75441 Paris cedex 09 - France.
The editor’s telephone number is: +33 (0)4.42.33.65.00
The intra-community VAT number is: TVA FR7639914635600080
The e-mail address is: pro@logic-immo.com
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 address: Concept Multimedia - BP 30460 - 13592 Aix-en-Provence cedex 3 – France.
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 Multimédia, except for elements produced by parties outside “lux-residence.com” who have not ceded their copyrights or related rights.
Article L 122-4 of the French Code of Intellectual Property:
Any complete or partial performances or reproduction made without the consent of the author or of his successors in title or assigns shall be unlawful. The same shall apply to translation, adaptation or transformation, arrangement or reproduction by any technique or process whatsoever.
Article L122-5 of the French Code of Intellectual Property:
Once a work has been disclosed, the author may not prohibit:
- Private performances carried out free of charge exclusively within the family circle;
- Copies or reproductions reserved strictly for the private use of the copier and not intended for collective use, with the exception of copies of works of art to be used for purposes identical with those for which the original work was created and copies of software other than backup copies made in accordance with paragraph II of Article L. 122-6-1 as well as copies or reproductions of electronic databases;
- On condition that the name of the author and the source are clearly stated:
A decree by the French Council of State sets the characteristics of such documents and the conditions for their distribution.
- Analyses and short quotations justified by the critical, polemic, educational, scientific or informational nature of the work in which they are incorporated;
- Press reviews;
- Dissemination, even in their entirety, through the press or by broadcast, as current news, of speeches intended for the public made in political, administrative, judicial or academic gatherings, as well as in public meetings of a political nature and at official ceremonies;
- Complete or partial reproductions of works of graphic or visual art to be included in the catalogue of a judiciary sale carried out in France, for copies made available to the public before the sale with the sole aim of describing the works of art being sold.
- Parody, pastiche and caricature, in keeping with the rules of the genre.
- Acts required for access to the content of an electronic database for the needs and within the limits of use laid down in a contract.
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 Multimédia;
- 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 Multimédia 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 Multimédia 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 Multimédia 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 Multimédia 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, “lux-residence.com has filed a declaration with France’s Commission Nationale de l’Informatique et des Libertés (C.N.I.L.) under number 1171584.
In compliance with Article 27 of French Law No. 78-17 of 6 January 1978, all internet users have the right to access and correct data concerning them at all times. This right can be exercised by postal mail sent to Concept Multimédia:
- Address: Concept Multimedia - BP 30460 - 13592 Aix-en-Provence cedex 3 - France
5. Responsibilities
Concept Multimédia 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”. The “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 Multimédia if legal proceedings are undertaken against him by a third party due to unlawful exploitation and/or use of the site;
- if the “lux-residence.com” member loses his identifier and/or password or if his identity is stolen.
Concept Multimédia 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.
7. 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.
Internet users who access software edited by third parties (notably the MapPoint Web Service and Virtual Earth software edited by Microsoft) through the “lux-residence.com” site do so under their own responsibility. All users of the MapPoint Web Service and/or Virtual Earth software declare that they have first accepted the Microsoft Privacy Statement:
http://go.microsoft.com/fwlink/?Linkld=21969, http://go.microsoft.com/fwlink/?Linkld=21970, http://go.microsoft.com/fwlink/?Linkld=21971.
Concept Multimedia cannot be held responsible for any damages of any kind resulting from the use of such software and related services.
8. 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.
9. 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.
