Terms and Conditions of Use
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MOTLA.DESIGN

Romain LAMOTHE
15 bd Marius Vivier Merle
69003 LYON
FRANCE

SIRET: 751 083 551 00034
Code APE: 7112B

The e-mail address for contact is shown at this website authentication page.
The phone number for contact is available on demand to this e-mail address or postal address, specifying the purpose of the demand.

This website is hosted at OVH:

OVH
SAS au capital de 10 069 020 €
RCS Roubaix – Tourcoing 424 761 419 00045
Siège social : 2 rue Kellermann - 59100 Roubaix - France.

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the MOTLA.DESIGN web site located at https://motla.design, and all associated sites linked to it, including www.motla.design or www.motla-design.com (collectively, the "Site"). The Site is the property of Romain LAMOTHE and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

MOTLA.DESIGN reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MOTLA.DESIGN grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MOTLA.DESIGN, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MOTLA.DESIGN’s express prior written consent.

Your Use of the Site

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 MOTLA.DESIGN server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of MOTLA.DESIGN, including any MOTLA.DESIGN account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MOTLA.DESIGN’s systems or networks, or any systems or networks connected to the Site or to MOTLA.DESIGN.

You agree not to upload more than 100Mo of cumulated data to the Site without prior written consent of the owner of the Site, although you will have no explicit limitation to perform such operation through the Site interface or the SSH interface.

You agree not to upload data that is unrelated to the projects involving MOTLA.DESIGN and you.

You agree not to use the Site as a storage service or any other purpose than collaborative work with MOTLA.DESIGN.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MOTLA.DESIGN on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MOTLA.DESIGN or others.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to have an account (including an ID and a password). Such accounts are created and managed by the administrator of the Site. The initial password to your account has to be set by you via a link that will be provided to you by the administrator of the Site. Such password is encrypted and stored as a hash in the Site database. MOTLA.DESIGN has never access to your plain password, neither retains traces or logs of it. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify MOTLA.DESIGN immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MOTLA.DESIGN or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. MOTLA.DESIGN cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

After you log-in to the Site with your account, a session is created to authorize your account on the device you are using. For convenience, the session stays open unless the device has no activity on the Site for more than 24 hours in a row. Thus, it is your responsibility to log-out from your account before you leave the device in order to prevent somebody else using your account on the device. If you forgot to log-out from a device that is away from you and you believe it can be used by somebody else, you should log-in to your account from another device as soon as possible and choose to terminate every other session remotely, by going to your user settings and accessing the "Sessions" menu. It is also your responsibility to check that the web browser you are using does not save the account credentials for this Site (your ID and/or password).

If you have any question regarding the functioning of the Site or the operations described above, please contact us.

Personal data and privacy

MOTLA.DESIGN’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view MOTLA.DESIGN’s Privacy Policy, click here. Additionally, by using the Site, 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, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the MOTLA.DESIGN Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under MOTLA.DESIGN's control, and MOTLA.DESIGN is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

MOTLA.DESIGN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MOTLA.DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTLA.DESIGN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MOTLA.DESIGN SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

MOTLA.DESIGN reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will MOTLA.DESIGN be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MOTLA.DESIGN has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold MOTLA.DESIGN, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MOTLA.DESIGN by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

MOTLA.DESIGN may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MOTLA.DESIGN’s rights or property, or the rights or property of visitors to or users of the Site, including MOTLA.DESIGN’s customers. MOTLA.DESIGN reserves the right at all times to disclose any information that MOTLA.DESIGN deems necessary to comply with any applicable law, regulation, legal process or governmental request. MOTLA.DESIGN also may disclose your information when MOTLA.DESIGN determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that MOTLA.DESIGN may preserve any transmittal or communication by you with MOTLA.DESIGN through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or MOTLA.DESIGN determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MOTLA.DESIGN, its employees, users of or visitors to the Site, and the public.

You agree that MOTLA.DESIGN may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MOTLA.DESIGN, for which monetary damages would be inadequate, and you consent to MOTLA.DESIGN obtaining any injunctive or equitable relief that MOTLA.DESIGN deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MOTLA.DESIGN may have at law or in equity.

If MOTLA.DESIGN does take any legal action against you as a result of your violation of these Terms of Use, MOTLA.DESIGN will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MOTLA.DESIGN. You agree that MOTLA.DESIGN will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Dernier auteur
Romain Lamothe
Dernière modification
17 mars 2021, 16:20

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