General information – agreement to the Terms and Conditions of Use
These Terms and Conditions of Use (the “TCU”) apply to the Notocord web site located at http://www.notocord.com/ (the “Site”). The Site is the property of Notocord SAS (“Notocord”). By using the Site, you agree to these Terms and Conditions of Use; if you do not agree, do not use the Site.
Notocord reserves the right, at its sole discretion, to change, modify, add or remove portions of these TCU, at any time without notice to you. The most current version can be reviewed by clicking on the “Terms and Conditions of Use” hypertext link located at the bottom of our main web page. It is your responsibility to check these TCU periodically. If you continue to use the Site following the posting of changes, we will consider that you will have accepted and agree to these changes.
Privacy
Notocord’s Privacy Policy applies to use of this Site, and its terms are made a part of theses TCU by this reference. See the Privacy Statement disclosures relating to the collection and use of your information. Additionally, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, designs, models, sounds, artwork and computer code (collectively “the Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content reproduced on the Site is the sole property of Notocord, which owns, controls or licenses it at its sole discretion. The Content may be protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Notocord allows you to use information on Notocord products and services, such as white papers, press releases, datasheets and FAQs, or any information available on the Site (collectively the “Information”) provided that (1) such a use is for informational and non commercial purpose, or personal use only, (2) you do not copy or post Information on any network computer or broadcast it on any media, (3) you make no modification to it, (4) you mention the copyright that is reproduced on our main web page. Use for any other purpose is prohibited.
Being said, except what is expressly provided in these TCU and without Notocord’s express prior written agreement, you shall not modify, copy, reproduce, publish, upload, license transfer any part of this Site and any Content nor sell any information, software, product or service obtained from the Site and/or the Content. Any request hereto can be sent to
You are not allowed to save in a database Information appearing on the Site or information, except for caching by the browser.
Additional content
You may be offered by Notocord the opportunity to have your own contributions publicized on the Site. By doing it, you warrant and represent Notocord that you own or otherwise control all of the rights to your contributions as described in these TCU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit theses contributions.
In addition, by posting a contribution that contain images, photographs, pictures, text, video or other document that can be protected by law (the “Contribution”), you warrant and represent that you are the copyright owner of such Contribution, or that the copyright owner of the Contribution has granted you permission to use such Contribution consistent with the manner and purpose of your use and as otherwise permitted by these TCU. Anyhow, you represent and warrant that will indemnify and hold Notocord harmless from any claims made by third parties hereto.
Links to third party sites
The Site may contain links to other third party sites (the “Linked Sites”). The Linked Sites are not under Notocord’s control and are provided solely as a convenience to our visitors, and the inclusion of any link does not imply endorsement by Notocord of any Linked Site. Notocord is not responsible for the content of any Linked Site or any link contained in a Linked Site.
We remind you that making a link on your own website to a page of the Site is only allowed upon Notocord’s express prior written agreement. Any request hereto can be sent to
Use of the Site
You will not use any content of the Site for any purpose that is unlawful or prohibited by these TCU. You may not use any content of the Site in any manner that could damage, disable, overburden, or impair any Notocord server, or the network connected to Notocord server.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Notocord server, through hacking, password mining or any other means. You may not obtain or attempt any material or information through any means not intentionally made available trough the Site.
You agree to indemnify and hold Notocord, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliate, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against Notocord by any third party due to or arising out of or in connection with your use of the Site.
Purchases
General Terms and Conditions apply to purchases of goods or professional services that are provided by Notocord. In case of purchasing any good or professional service, Notocord will send you these General Terms and Conditions together with the corresponding quote.
Disclaimer - Limitation of liability
All information provided on the Site is subject to change without notice.
Notocord does not guarantee the correctness, completeness and/or fitness of the Site, its Content and Information for whatever use, and/or that any defects will be corrected. The Site and its Content and Information are delivered on an “as is” and “as available” basis without guarantee of any kind, and Notocord can not ensure that any file or data you download from the Site will be free of viruses or contamination or destructive features.
Notocord hereby disclaims all warranties and conditions of merchantability, whether express, implied or statutory, accuracy, fitness for a particular purpose, title and non-infringement. In no event shall Notocord be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or tort, arising out of or in connection with the use or performance of information available from the Site and its Content and Information.
Notocord can not be liable for possible interruptions, failure or defaults in the electronic publication of the Site and its related information. Under no circumstances could any error and/or defect in the provided Site addresses or domain name give cause to any financial compensation, nor can do so any interruption, failure or default in the electronic supply or in the services requested through the Site.
Except where prohibited by law, in no event will Notocord be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, work stoppage, lost opportunities, damage of your hardware of programs or other data on your or other computer systems, or for whatever damage caused by the use of the Site (including without limitation the consequences of bugs, program defaults, human action and the consequences on computer systems, hardware, software or any other default or delay in computer transmission or network connection) even if Notocord has been advised of the possibility of such damages.
Violation of the TCU
Notocord may, at its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site (1) if we determine that you violated the TCU, (2) under request by law enforcement or other government agencies, (3) under your request, (4) for discontinuance or material modification of the Site or any service offered on or through the Site, (5) for unexpected technical issues or problems.
Miscellaneous
Any dispute arising in connection with these TCU shall be governed by the laws of France and Versailles District Court shall be competent.
If any of the provisions of these TCU are held to by a court or other competent jurisdiction to be void or unenforceable, such provisions shall be eliminated to the minimum necessary and replaced with a valid provision, so that these TCU remain in full force and effect.
Copyright notice and trademarks
© 1989-2008 Notocord Systems SAS, © 2002-2008 Notocord Inc. All rights reserved.
- Notocord is a registered trademark of Notocord Systems SAS.
- Other products or brand names are trademarks or registered trademarks of their respective holders.
(30 April 2008)