DIAKSE’S LEGAL TERMS, DISCLAIMER, COOKIES
Diakse has published this website "www.diakse.com" (hereinafter: the "Website"), to supply up-to-date information about Diakse both for its employees worldwide and for businesses and consumers interested in finding out more about Diakse and its achievements.
By using this Website, you agree to comply with the general terms and conditions of access and use described in detail below (General Terms and Conditions) and the laws applicable in France to online communications.
This website is published by: Diakse, 231 rue saint honoré, 75001 PARIS. Publication director: Julien Berthomier, Président. This website is hosted by: One And One, www.1and1.fr
General Terms and Conditions of Use of the Website: All users of this Website are subject to the following General Terms and Conditions of Use, which may be supplemented by special terms and conditions in the case of certain services. Diakse reserves the right to change and update the terms and conditions of access to the website at any time as well as the General Terms and Conditions. To keep up with such modifications and updates, users are required to refer to this section on a regular basis to check the currently applicable General Terms and Conditions. Diakse reserves the right to change or delete all or part of the Website without prior notice and without informing internet users thereof in advance.
1 Intellectual property rights: 1.1 Copyrights and/or Rights to Designs and Models concerning the works and documents reproduced on the website:
All reproductions, whether hardcopies or softcopies, of the Website and of the works and models reproduced therein are allowed provided said reproductions are reserved for strictly personal use to the exclusion of any use for advertising and/or commercial purposes and/or that said reproductions comply with the provisions of Article L122-5 of the French Intellectual Property Code. Save as provided for by the foregoing paragraph, any reproduction, performance, utilization or modification, by any process and on any data carrier, of all or part of the website and the various works and models contained therein without the prior consent of Diakse constitutes a copyright infringement strictly prohibited by law. The foregoing obligations do not apply to journalists or press publishers, for whom Diakse makes available iconographic documents and press releases that may be freely viewed, reproduced and displayed to illustrate their articles and press publications. Such materials are available in the Newsroom section of the website.
1.2 Rights concerning trademarks
All names, trade names and signs of any nature (such as logotypes or figurative marks), including the names of the goods and services mentioned or reproduced on any kind of advertising document published on this website by Diakse shall remain the property of the advertiser clients of Diakse. Any utilization, reproduction, performance or imitation thereof, even partial, by internet users is prohibited without prior authorization from the owners of said trademarks. Any violation of the foregoing obligation constitutes a copyright infringement punishable by law. Moreover, the name "Diakse", as well as the names, logotypes and trade names of the companies of Diakse are registered trademarks protected in each of the countries in which the relevant companies are set up. Any reproduction, performance or imitation thereof, even partial, is therefore prohibited without prior written authorization from Diakse and the companies of Diakse that own said trademarks. Any violation of the foregoing obligation constitutes a copyright infringement punishable by law.
1.3 Intellectual property rights to creations proposed by Website users who are employees of Diakse
Diakse may publish on this website creative briefs inviting users of this Website who are employees of Diakse to propose original, hitherto unpublished creations (hereafter the "Creations"). By registering on this Website and proposing Creations, whether in response to briefs published by Diakse or on their own initiative without any brief, Diakse employees (hereinafter the "Authors") shall progressively assign all intellectual property rights to the creations of which they are the Authors as they send said creations to the Website. The rights of reproduction, performance and adaptation regarding the Creations shall thus be assigned for the full period of copyright protection in France and abroad under the French Intellectual Property Code and international copyright conventions. Such assignment shall allow Diakse or Diakse companies to reproduce, perform and adapt the Creations (images and/or texts) in any format, on any data carriers and via any media, whether known or presently unknown, anywhere in the world, for any Diakse clients and in any communication campaign disseminated by any means whatsoever. In the event that the intellectual property rights (copyrights and similar rights, particularly rights to trademarks, designs and models) are related to preliminary versions and are not the property of the Author of the Creations, the Authors hereby agree to specify the source of the borrowed or adapted works in a note appended to the submitted Creation. The Authors shall mention the name of the author(s) of the first work incorporated into their Creation (e.g., the name of the composer of a musical work) and, if possible, the year of original publication of said work. In that way, if Diakse wishes to produce the Creations for the purposes of one of its advertiser Clients as indicated in the previous paragraph, Diakse may negotiate with the rights-holders in question in order to obtain the authorizations and assignments of rights necessary for unchallenged exploitation of the Creations. The above-mentioned assignment of rights shall be granted exclusively to Diakse and the companies thereof and shall remain valid even in case of the cessation, for any reason, of the employment contract or contract for services between the Authors and Diakse. Consequently, the participants agree to refrain from granting any rights of the same kind to third parties.
2 Image-Exploitation Rights - Personality Rights
Models, performing artists and, more generally, any person shown in the photos and advertising films published on this website have authorised the use of their image in the campaigns produced for the advertiser clients of Diakse. Similarly, the employees and managers of Diakse whose image is used on this website have authorized the use of the relevant iconographic documents within the framework of the website and only within said framework. No reproduction, performance or use of such photos and films may be made by the users of the website without the prior written consent of Diakse. Any utilization, even partial, of such documents, in violation of the foregoing obligation is subject to prosecution.
3 Prohibition against publishing illicit content
The users of this Website, particularly those who post their contents in response to the creative briefs published by Diakse or those who participate in a discussion forum opened by Diakse shall refrain from publishing any content whatsoever that provides justifications for crimes against humanity, incites racial hatred or violence, constitutes child pornography or violates human dignity. The same rule is applicable to website users who contribute to the section "Questions & Alerts". Pursuant to the current legislation and the provisions of the French Criminal Code, Diakse is obliged to report to the judicial authorities any such conduct or contents. To report illicit content, as defined above, to Diakse, users are invited to send an e-mail to firstname.lastname@example.org and to send a confirmation by registered letter with return receipt requested to the following address: Diakse - Website Internet diakse.com - 133, avenue des Champs-Elysees 75008 PARIS.
4 Personal data
4.1 While navigating through certain pages of this website, internet users may communicate personal information to Diakse. Communicating such information or data is optional. Any personal data collected in that manner is intended exclusively for Diakse, its subsidiaries, for the purposes of surveys, analyses or studies, including studies on your navigation, and, in the case of forms pertaining to recruitment, for the purpose of communicating and processing job offers from Diakse companies. Except for the uses mentioned above, such information is considered confidential and treated as such. We will never sell any information, even if they are made anonymous. Such information will be retained on file for no more than one year or, where applicable, for the duration of processing the job offers made. Pursuant to the French law entitled “Informatique et Libertés” ["Information Technology and Civil Liberties"] No. 78-17 of 6 January 1978, persons who communicate personal data are entitled to access, correct or delete such data free of charge by using the form provided to that purpose on the Website, by sending an e-mail to email@example.com. Said requests must be confirmed by faxing a copy of the user's identity card bearing the user's signature. The request must specify the returning mailing address. Diakse shall have a period of 2 (two) months after receipt of the request to communicate, supplement or delete the information, as the case may be. Internet users who consent on forms to receive e-mails containing information and requests from Diakse and Diakse companies may revoke said consent at any time, either by clicking on the hyperlink provided to that purpose at the bottom of the e-mails they receive or by sending an e-mail with "désabonnement" (Unsubscribe) on the subject line to: firstname.lastname@example.org
4.2 Pursuant to Article 6 of the Act of 21 June 2004 entitled "pour la confiance en l''économie numérique" [law promoting confidence in e-commerce], the web hosting service retains the Website users' connection data covered by professional secrecy and processed in compliance with the statutory provisions on personal data when such data makes it possible to identify the users of the Website.
It is prohibited to insert a hyperlink to this Website without prior written authorization from Diakse. If you wish to insert a hyperlink to our Website, you should enter into contact with the person in charge of the Website. Diakse shall under no circumstances be held liable for providing access to websites via hyperlinks on the present Website and shall not be held liable for the contents, products, services, etc., available on said websites or via said websites.
6 Storage of browsing information
When you browse through the Website, information is stored in your computer through the "DOM Storage" process. Such information does not permit the publisher or web hosting service to identify the internet users: on the other hand, the DOM Storage process records information on how you browse our Website on your computer (the pages you have viewed, date and time of viewing, etc.) that we can read during your subsequent visits. You can delete that information manually by performing the following steps: In the case of Microsoft Internet Explorer 6.0: 1.From the "Tools" menu, select "Delete Browsing History"; select the "Cookies" checkbox and click "OK". 2. Click on the "Confidentiality" tab. 3. Use the cursor to select the desired setting. To delete all the storage areas irrespective of the source, clear the checkbox "Store data from favourite websites". In the case of Firefox: 1. From the "Tools" menu, "Options" and then "Privacy" 2. Click on "Clear my history now "
7 Website content
Diakse, as well as the web hosting service and, more generally, every company contributing to the designing, implementation and online publishing of this Website make every effort to ensure the accuracy and regular updating of the information broadcast on this Website. Diakse and its specialized service providers reserve the right to correct and modify the content of the website and shall under no circumstances be held liable on that account. Diakse and the service providers thereof shall not be held liable for any items beyond their control or any damage that may be suffered by internet users or their technical environment, particularly their computers, software, equipment, networks (modems, telephone, etc.) and any hardware used to access or use the Website.
8 Governing law
These General Terms and Conditions of Use shall be governed by French law. Any disputes arising out of the interpretation thereof shall be referred exclusively to the courts of France.
Before submitting a complaint, we encourage you to take contact with us by any appropriate means, in order to find an fair and suitable solution. In accordance with the law, we also inform you of the existence of a european platform to resolve disputes. RLL platform is one stop place for consumers and professionals wishing to settle, through extrajudicial disputes covered by this regulation. It is an interactive website accessible online and free of charge in all the official languages of the institutions of the Union. This platform is accessible at the following link: http://ec.europa.eu/consumers/odr/
© DIAKSE 21/01/2018  Legal Terms