TERMS AND CONDITIONS OF USE
Chalk'it
version June 10th 2020
IFP Energies nouvelles is a public industrial and commercial establishment, whose registered office is 1&4 avenue de Bois-Préau, 92500 Rueil-Malmaison, France, and registered under the number 775 729 155 at the Nanterre Trade and Companies Register, and is hereinafter referred to as “IFPEN”.
ARTICLE 1. TERMS OF USE ACCEPTANCE
The Application Services (as defined below) that IFPEN offers you on the Chalk'it application (the "Application") are governed by the following terms and conditions of use (the "Terms of Use"), as well as the licenses governing third-parties modules used by the Application (see “CREDITS” page on the Chalk'it website, the “Third Party Licenses”). IFPEN reserves the right to change the Terms of Use at any time without notice. To view the latest version of the Terms of Use, click on the "Terms of Use" hypertext link located at the bottom of the pages of the Chalk'it Application.
This Application gives you access to many resources, including upload and download areas, communication forums and information, and the IFPEN Chalk'it services described on the Application (collectively, the "Application Services"). The Application Services, including any updates, enhancements, new features and/or the addition of any new web properties, are governed by these Terms of Use.
ARTICLE 2. USE OF THE WEB SITE
2.1. Subject to the Third Party Licenses, you are hereby authorised to consult, manipulate, analyse, reformat, display and/or print information received or accessed through the Application pursuant to these Terms of Use. Displaying information from the Application during conferences or other public meeting is authorized provided that such display mentions the origin of the information (i.e. IFPEN and the Application).
2.2. Notwithstanding the foregoing, it is however forbidden to:
• rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store, resell, redistribute, broadcast or transfer the Application, any part thereof, or any of the information received or accessed there from to or through any other person or entity;
• remove, obscure or otherwise modify any copyright, legal or proprietary notices in the Application or on any portions of the information it contains;
• use indexing robots, search engines or other automated downloading programs, algorithms or devices to search, recover, retrieve, establish deep linking, record or disrupt, continuously and automatically, the functioning of the Application Services;
• post individualized items from the Application Services on social networking sites.
2.3. Violating, or attempting to violate, the security of the Application is prohibited. This prohibition includes, but is not limited to:
• Access or attempt to access parts of the Application which needs the prior authorization of IFPEN;
• Test or scan the security of any of the Application;
• Interfere or attempt to interfere with the online availability of the Application.
2.4. Nothing in these Terms of Use shall be construed as transferring or assigning any ownership or intellectual property rights IFPEN holds. Various intellectual property laws protect the Application Services and the Application information, including without limitation domestic and international copyright and authorship laws.
2.5. You hereby acknowledge that any right, title or interest in the Application Services and the Application information, and any trademarks, patent rights, copyrights, and rights to any ideas and designs relating to the Application Services, and all software used to access the same, are reserved to IFPEN and/or its partners, under the Third Party Licenses or any other means as the case may be, and that any unauthorized online distribution or diffusion of the Application Services and the Application information would be likely to cause serious and irreparable harm IFPEN and its partners.
2.6. Certain content available as part of the Application Services is licensed to users under the Third Party Licenses. IFPEN does not grant users any additional rights (express or implied) in such third party content other than the ones expressly granted under said Third Party Licenses.
ARTICLE 3. ACCESSING THE WEB SITE
3.1. Equipment
It is your responsibility to ensure that you possess the required computer equipment and telecommunication services to access the Application Services and use the Application information.
3.2. Modification
IFPEN hereby reserves the right to modify, from time to time, the Application and the Application Services as IFPEN deems necessary for proper operation of the Chalk'it website.
3.3. User Additional Content
Certain parts of the Application may allow you to provide, post, upload, insert or submit to any of the Application Services, for viewing by the public or members of a public or private community, content (e.g. image files, comments, suggestions, code…; together the “Users' Additional Content”). Notwithstanding anything to the contrary contained in these Terms of Use, you are solely and exclusively responsible for the Users' Additional Content you provide and its compliance with the Third Party Licenses.
Posting, uploading, inserting, providing or submitting Users' Additional Content authorizes IFPEN, its affiliates and applicable licensees to use your Users' Additional Content in connection with the operation of their business (including, without limitation, all IFPEN Services), including, without limitation, to : copy, distribute, transmit, display and publicly perform, reproduce, modify, translate and reformat your Users' Additional Content; publish your name as part of your Users' Additional Content; and sublicense such rights to any service provider.
ARTICLE 4. WARRANTY - LIABILITY
4.1. THE WEB SITE, THE WEB SERVICES AND ALL INFORMATION CONTAINED IN OR LINKED TO THE WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IFPEN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY STATUTE, LAW, COURSE OF DEALING, COURSE OF PERFORMANCE AND PRACTICE OR USAGE OF TRADE. IFPEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS REGARDING THE USE, RESULTS, CORRECTNESS, ACCURACY, RELIABILITY, SUITABILITY OR OTHERWISE OF THE WEB SITE SERVICES. YOU (AND NOT IFPEN) SHALL BE RESPONSIBLE FOR ALL DAMAGES, INJURIES AND COSTS OF SERVICE, REPAIR, REPLACEMENT OR CORRECTION ARISING FROM THE USE OF THE WEB SITE SERVICES.
4.2. IN NO EVENT SHALL IFPEN BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, COST OF REPAIR, SERVICE OR REPLACEMENT, ARISING OUT OF OR RELATED TO, IN WHOLE OR IN PART, THE USE OF THE WEB SITE SERVICES OR THE USERS' ADDITIONAL CONTENT. THIS INCLUDES DAMAGES ARISING FROM USE OF OR IN RELIANCE ON THE INFORMATION PRESENT ON THE WEB SITE, EVEN IF IFPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3. More specifically, you hereby acknowledge and agree that the Internet, and more generally any data transmission network used for data transmission purposes, may experience periods of saturation due to bandwidth congestion, cuts due to technical incidents or maintenance interventions, decisions by the companies managing the networks or any other events beyond the control of IFPEN. Consequently, access to the Application and use of the Application Services being under the condition to have a functioning Internet connection, IFPEN shall not be liable in the event of a malfunction or interruption of the services originating in events affecting communication networks, nor it shall be liable for any damage or loss of data due to malfunction of the networks.
4.4. YOU SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS IFPEN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE “IFPEN PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) (COLLECTIVELY, “CLAIMS”) OF WHATEVER KIND, CHARACTER OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO OR ARE IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEB SITE, THE WEB SITE SERVICES, THE THIRD PARTY LICENSES OR THE USERS' ADDITIONAL CONTENT.
ARTICLE 5. PERSONAL DATA
5.1. Any processing of personal data in connection with the access to the Application and the use of the Application Services shall be in compliance with the provisions of the General Data Protection Regulation of the European Union (“GDPR”) - regulation (EU) 2016/679 of the European parliament and of the Council of 27 April 2016 - or any other applicable law relating to personal data processing.
5.2. The basic version of the Application, freely accessible through the Chalk'it website, does not entail any record of your personal data.
5.3. Access to the full version of the Application will need you to disclose to IFPEN your name, surname, e-mail address, the name of the organization you work for and your IP address. IFPEN will use this personal data for the exclusive purpose of monitoring the number of users of the full version, checking if you have already agreed to these Terms of Use, and allowing you to save on IFPEN' servers your Chalk'it projects, html dashboards and Python codes. In no case IFPEN will disclose your personal data to third party.
5.4. General provisions
IFPEN will store the data for a period equal to the time-legally required by civil, criminal, commercial and/or administrative proceedings. When this storage period expires, the data will be destroyed.
IFPEN shall not transfer your personal data to third parties, unless otherwise stipulated by law. However, these data can be made available to providers acting as processors to fulfill the purposes detailed above. IFPEN undertakes not to transfer the data outside the European Union.
You may exercise your right of access, right to rectification, right to erasure, right to object, right to restriction of processing, right to data portability and right to withdraw any consent given by sending a letter that includes a copy of an ID document to IFPEN at its registered address. IFPEN undertakes to modify or delete, in accordance with your instructions, the personal data that it may have access to. Moreover, if you believe your data have not been handled in accordance with the data protection regulations, you can contact the data protection officer (DPO) of IFPEN: dpo@ifpen.fr.
ARTICLE 6. MISCELLANEOUS
6.1. Waiver
The failure by IFPEN at any time or for any period to enforce or exercise any term of these Terms of Use shall not constitute a waiver of such term and shall not affect the right later to enforce such term or any other term
6.2. Severability
If any provision of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions of this Terms of Use will remain in full force and effect.
6.3. Applicable law – Jurisdiction
The Terms of Use are governed by French law.
Any dispute that may arise in connection with the interpretation, performance or validity of these Terms of Use, which has not been amicably resolved by the Parties within one month of its occurrence, shall be finally settled by the competent Courts of Nanterre (France).
6.4. Compliance with laws
You shall always, when acting in connection with these Terms of Use, act in compliance with applicable law, rules and regulations relating to ethical and responsible standards of behaviour, including, but not limited to anti-bribery laws and labour law, personal data protection, export control and embargos provisions. The requirements of this clause shall apply fully to you and your respective employees and other representatives who are involved in connection with these Terms of Use. You shall use their best efforts to ensure that these comply with said requirements.
You shall act in accordance with the IFPEN's Code of Conduct which is available on IFPEN' website: https://www.ifpenergiesnouvelles.com/ifpen/csr-policy/general-policy.