LegalNotice
The website www.kairos-agency.com is published by PHOENIX LOTUS VALLEY, a SASU with a share capital of €1,000, RCS Paris 991 775 479.
You can contact us by e-mail at contact@phoenix-lotus-valley.com
Publication director: Shirley JAGLE, President.
The website www.kairos-agency.com is hosted by Vercel Inc. (440 N Barranca Ave #4133, Covina, CA 91723, United States); its content is managed on a server operated by O2SWITCH SAS, registered with the Clermont-Ferrand Trade and Companies Register (RCS) under number 510 909 807.
You can contact us by e-mail at contact@phoenix-lotus-valley.com
Publication director: Shirley JAGLE, President.
The website www.kairos-agency.com is hosted by Vercel Inc. (440 N Barranca Ave #4133, Covina, CA 91723, United States); its content is managed on a server operated by O2SWITCH SAS, registered with the Clermont-Ferrand Trade and Companies Register (RCS) under number 510 909 807.
Purpose
These general terms and conditions set out the terms and conditions of use of the services offered on the website (hereinafter: the “Services”), and define the rights and obligations of the parties in this context.
They can be accessed and printed at any time via a direct link at the bottom of the website’s home page.
They may be supplemented, where applicable, by specific terms of use for certain Services. In the event of a conflict, the specific terms prevail over these general terms and conditions. PHOENIX LOTUS VALLEY has opened the website www.kairos-agency.com for the personal information of its users. Use of the website is subject to compliance with the terms of access and use of the Site set out below and with all applicable laws and regulations in force. By accessing, browsing and using the Site, users accept these terms of use without reservation.
1. general information
The Services are operated by PHOENIX LOTUS VALLEY, a single-shareholder simplified joint-stock company (SASU) with a share capital of €1,000, whose registered office is located at 78 avenue des Champs-Élysées, 75008 Paris, France.
Registered with the Paris Trade and Companies Register (RCS) under number 991 775 479 (SIRET 991 775 479 00017), intra-community VAT number FR53991775479.
Offices: 55 bis rue Saint-Rémi, 33000 Bordeaux, France.
Publication director: Shirley Jagle, President of PHOENIX LOTUS VALLEY.
contact@phoenix-lotus-valley.com
Registered with the Paris Trade and Companies Register (RCS) under number 991 775 479 (SIRET 991 775 479 00017), intra-community VAT number FR53991775479.
Offices: 55 bis rue Saint-Rémi, 33000 Bordeaux, France.
Publication director: Shirley Jagle, President of PHOENIX LOTUS VALLEY.
contact@phoenix-lotus-valley.com
2. hosting provider
www.kairos-agency.com: Vercel Inc., 440 N Barranca Ave #4133, Covina, CA 91723, United States, https://vercel.com
Content hosting: O2SWITCH SAS with a share capital of €100,000, RCS: Clermont-Ferrand, SIRET: 510 909 807 00024, https://www.o2switch.fr
Content hosting: O2SWITCH SAS with a share capital of €100,000, RCS: Clermont-Ferrand, SIRET: 510 909 807 00024, https://www.o2switch.fr
3. intellectual property
This website constitutes a work of which the Publication Director is the author within the meaning of Articles L.111.1 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by PHOENIX LOTUS VALLEY within the website are protected by all applicable intellectual property rights and database producers’ rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the authorization of the Publication Director is strictly prohibited and may give rise to legal proceedings.
4. user obligations
Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations:
In using the Services, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
The User is solely responsible for the proper completion of all formalities, in particular administrative, tax and/or social security formalities, and for the payment of all contributions, taxes or duties of any kind for which they may be liable, where applicable, in connection with their use of the Services. PHOENIX LOTUS VALLEY shall in no event be held liable in this respect.
The User acknowledges having read, on the website, the characteristics and constraints, in particular technical ones, of all the Services. The User is solely responsible for their use of the Services.
The User is informed and accepts that the operation of the Services requires an internet connection and that the quality of the Services depends directly on this connection, for which the User is solely responsible.
The User is also solely responsible for any relationships they may establish with other Users and for the information they share with them in the context of the Services. It is up to the User to exercise appropriate caution and judgment in these relationships and communications.
The User further undertakes, in their exchanges with other Users, to observe the usual rules of politeness and courtesy.
The User undertakes to make strictly personal use of the Services. They therefore refrain from assigning, licensing or transferring all or part of their rights or obligations hereunder to any third party, in any manner whatsoever.
The User undertakes to provide PHOENIX LOTUS VALLEY with all the information required for the proper performance of the Services. More generally, the User undertakes to cooperate actively with PHOENIX LOTUS VALLEY with a view to the proper performance of these terms.
The User is solely responsible for any content of any kind (editorial, graphic, audiovisual or other, including the name and/or image the User may choose to identify themselves on the website) that they publish in the context of the Services (hereinafter: the “Content”).
The User warrants to PHOENIX LOTUS VALLEY that they hold all the rights and authorizations required to publish such Content.
The User undertakes to ensure that such Content is lawful, does not breach public order, public decency or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way likely to give rise to the civil or criminal liability of PHOENIX LOTUS VALLEY.
The User therefore refrains from publishing, in particular and without this list being exhaustive:
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- Content that infringes intellectual property rights,
- Content that is harmful to the image of a third party,
- Content that is false or misleading, or that offers or promotes illegal, fraudulent or deceptive activities,
- Content that is harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.),
5. USER WARRANTY
The User indemnifies PHOENIX LOTUS VALLEY against any complaints, claims, actions and/or demands of any kind that PHOENIX LOTUS VALLEY may suffer as a result of the User’s breach of any of their obligations or warranties under these general terms and conditions.
The User undertakes to compensate PHOENIX LOTUS VALLEY for any loss it may suffer and to pay it all costs, charges and/or damages it may have to bear as a result.
6. PROHIBITED CONDUCT
It is strictly prohibited to use the Services for the following purposes:
- carrying out illegal or fraudulent activities, or activities that infringe the rights or security of third parties,
- breaching public order or violating the laws and regulations in force,
- intruding into a third party’s computer system or any activity likely to harm, control, interfere with or intercept all or part of a third party’s computer system, or to breach its integrity or security,
- sending unsolicited e-mails and/or commercial prospecting or solicitation,
- manipulations intended to improve the search engine ranking of a third-party website,
- aiding or inciting, in any form or manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice that diverts the Services from the purposes for which they were designed.
7. SANCTIONS FOR BREACHES
In the event of a breach of any of the provisions of these general terms and conditions or, more generally, of a violation of the laws and regulations in force by a User, PHOENIX LOTUS VALLEY reserves the right to take any appropriate measure, and in particular to:
(i) suspend or terminate access to the Services for the User who committed or participated in the breach or violation,
(ii) remove any content posted on the website,
(iii) publish on the website any informational message PHOENIX LOTUS VALLEY deems useful,
(iv) notify any relevant authority,
(v) take any legal action.
8. LIABILITY AND WARRANTY OF PHOENIX LOTUS VALLEY
PHOENIX LOTUS VALLEY undertakes to provide the Services with due diligence and in accordance with best practice, it being specified that it is bound by a best-efforts obligation, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.
PHOENIX LOTUS VALLEY has no knowledge of the Content posted by Users in the context of the Services, over which it performs no moderation, selection, verification or control of any kind, and in respect of which it acts solely as a hosting provider.
Consequently, PHOENIX LOTUS VALLEY cannot be held liable for Content authored by third parties, and any claim must first be directed to the author of the Content in question.
Content that is harmful to a third party may be reported to PHOENIX LOTUS VALLEY in accordance with the procedure set out in Article 6 I 5 of French Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy (Loi pour la confiance dans l’économie numérique), with PHOENIX LOTUS VALLEY reserving the right to take the measures described in Article 12.
PHOENIX LOTUS VALLEY disclaims all liability for any loss of information accessible in the User’s Personal Area; the User must keep a backup copy and may not claim any compensation in this respect.
PHOENIX LOTUS VALLEY undertakes to carry out regular checks to verify the operation and accessibility of the website. In this respect, PHOENIX LOTUS VALLEY reserves the right to temporarily interrupt access to the website for maintenance purposes. Likewise, PHOENIX LOTUS VALLEY cannot be held liable for any temporary difficulty or inability to access the website arising from circumstances beyond its control, force majeure, or disruptions to telecommunications networks.
PHOENIX LOTUS VALLEY does not warrant to Users (i) that the Services, which are subject to ongoing research in order to improve their performance and development in particular, will be entirely free of errors, defects or faults, (ii) that the Services, which are standard and in no way designed for a given User on the basis of their own personal constraints, will specifically meet their needs and expectations.
In any event, the liability that PHOENIX LOTUS VALLEY may incur hereunder is expressly limited to proven direct damage suffered by the User.
PHOENIX LOTUS VALLEY applies a personal data protection policy, the details of which are set out in the document entitled “Privacy Policy”, which Users are expressly invited to read on the website.
9. ADVERTISING
PHOENIX LOTUS VALLEY reserves the right to insert, on any page of the website and in any communication to Users, any advertising or promotional messages in a form and under conditions of which PHOENIX LOTUS VALLEY shall be the sole judge.
10. LINKS AND THIRD-PARTY SITES
PHOENIX LOTUS VALLEY shall in no event be held liable for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the User may access via the website.
PHOENIX LOTUS VALLEY accepts no liability for the content, advertising, products and/or services available on such third-party websites and mobile applications, which, as a reminder, are governed by their own terms of use.
Nor is PHOENIX LOTUS VALLEY liable for any transactions between the User and any advertiser, professional or merchant (including its potential partners) to whom the User may be directed via the website, and it shall in no event be party to any dispute whatsoever with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and any other obligations by which such third parties are bound.
11. DURATION OF SERVICES, UNSUBSCRIBING
The Services are subscribed to for an indefinite period. The User may unsubscribe from the Services at any time by sending a request to that effect to PHOENIX LOTUS VALLEY by e-mail, using the contact details given in Article 2. Unsubscribing takes effect immediately. It results in the automatic deletion of the User’s Account.
12. AMENDMENTS
PHOENIX LOTUS VALLEY reserves the right to amend these general terms and conditions at any time.
Users will be informed of such amendments by any appropriate means.
Any User who uses the Services after the amended general terms and conditions come into force is deemed to have accepted those amendments.
13. LANGUAGE
Should these general terms and conditions be translated into one or more languages, the French version shall prevail for the purposes of interpretation in the event of any conflict or dispute over the meaning of a term or provision.
14. GOVERNING LAW AND JURISDICTION
These general terms and conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or performance of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory procedural rules provide otherwise.