Terms of Service
ARTICLE 1 : DEFINITIONS
Below we will indicate:
“Site” or “Service”: the site https://protocol-k.com and all of its pages.
“Publisher”: protocol K, natural or legal person responsible for the modification and content of the Site.
- protocol K, which operates the site https://protocol-k.com, is a limited liability company with capital, registered with the Internal Revenue Service (IRS).
“User”: the Internet user who visits and uses the Services of the Site.
These T & Cs (hereinafter the “T & Cs”) are offered by the Site Editor.
The User of the Site is invited to read these T & Cs carefully, to print them and / or to save them on a durable medium.
The User acknowledges having read the T & Cs and accept them in their entirety and without reservation.
ARTICLE 2: APPLICATION OF THE T & Cs
The purpose of these T & Cs is to define the conditions of access to the Site by Users.
The Publisher reserves the right to modify the T & Cs at any time by publishing a new version of them on the Site.
The T & Cs applicable to the User are those in force on the day of its acceptance.
The Site is freely accessible to any User.
The acquisition of a product or a service, or the creation of a reserved space, or more generally navigation on the Site supposes the acceptance, by the User, of all these T & Cs, which he recognizes by the latter having read it.
This acceptance may consist, for example, for the User, of ticking the box corresponding to the acceptance sentence of these T & Cs, bearing for example the words “I confirm having read and accepted all the general conditions of the Site”.
The selection of this box will have the same value as a handwritten signature of the User.
The User recognizes the probative value of the automatic registration systems of the Publisher of this Site and, unless proven otherwise, waives the right to contest them in the event of a dispute.
Acceptance of these T & Cs assumes that Users have the necessary legal capacity for this purpose.
If the User is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.
ARTICLE 3: LEGAL NOTICE, PERSONAL DATA AND PURPOSE OF THE SITE
This site is maintained by protocol K.
The legal information concerning the host and the publisher of the site, in particular his contact details and any information on the capital and the registration, are provided in the legal notice of this site.
Information relating to the collection and processing of personal data (information and declaration) is provided in the site’s personal data sheet.
The purpose of this Site is determined as an “sale of digital sports programs and products related to fitness and bodybuilding”.
ARTICLE 4: MEMBERS AREA
The User registered on the Site (member) has the possibility to access it by connecting using his login details (e-mail address defined during registration and password) or possibly using systems such as buttons to connect to third party social networks. The user is fully responsible for protecting the chosen password. Strong passwords are encouraged. If the password is forgotten, the User has the possibility of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the User therefore refrains from transmitting or communicating it to third parties. Otherwise, the site editor cannot be held responsible for unauthorized access to a user’s account.
The creation of a personal space is a prerequisite for any order or contribution from the User on this Site. To this end, he will be asked to provide a certain amount of personal information. He undertakes to provide accurate information.
The purpose of data collection is to create a “member account”. In the event of the disappearance of the data contained in the member account section due to a technical failure or a case of force majeure, the Site and its Publisher cannot be held liable, this information having no probative value but informative only. The pages relating to member accounts are freely printable by the holder of the account concerned but do not constitute proof, they are only informative in order to ensure efficient management of the service or contributions by the User.
Each User is free to close his account and his data on the Site, for this he must send an e-mail to protocol K indicating that he wishes to delete his account. No data recovery will therefore be possible.
The Publisher reserves the exclusive right to delete the account of any User who has violated these T & Cs (in particular, but without this example being of any kind, when the User has knowingly provided incorrect information, at the time of the registration and creation of your space) or any account inactive for at least one year. This cancellation cannot constitute damage to the excluded User who cannot claim any compensation for this fact. This exclusion does not exclude the possibility for the Publisher to take legal action against the User, when the facts have justified it.
ARTICLE 5: ACCESS AND AVAILABILITY OF THE SITE
The Publisher strives to make the Site permanently accessible, subject to maintenance operations on the Site or on the servers on which it is hosted. If it is impossible to access the Site, due to technical or other problems, the User cannot claim any damage and may not claim any compensation.
The site editor is only bound by an obligation of means; cannot be held responsible for damages resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or others.
The User expressly undertakes to use the Site at his own risk and under his exclusive responsibility.
The Site provides the User with information for informational purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. Under no circumstances can protocol K be held responsible:
– any direct or indirect damage, in particular loss of profit, loss of profit, loss of customers, data that may, among other things, derive from the use of the Site, or on the contrary from the impossibility of its use;
– a malfunction, unavailability of access, improper use, improper configuration of the User’s computer, or even the use of a browser that is little used by the User.
ARTICLE 6: HYPERTEXT LINKS
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher cannot be held responsible for any damage or loss, proven or presumed, consecutive or related to the use or reading of the content, advertisements, products or services available on these sites or external sources. . Likewise, the publisher of this site cannot be held responsible if the user’s visit to one of these sites causes him harm.
If, despite the publisher’s efforts, one of the hypertext links on the site points to a site or an Internet source whose content has been or has appeared to a user that does not comply with the requirements of French law, the latter undertakes to immediately contact the Site’s Publication Director, whose contact details are given in the Site’s legal notices, in order to provide him with the address of the pages of the third-party site concerned.
ARTICLE 7 : COOKIES
A “Cookie” can allow the identification of the User of the Site, the personalization of his consultation of the Site and the acceleration of the visualization of the Site by saving a data file on his computer. It is likely that the Site uses “Cookies” mainly to 1) obtain browsing statistics in order to improve the User’s experience, and 2) allow access to a member account and to non-existent content that does not exist. is not accessible without connection.
The User acknowledges having been informed of this practice and authorizes the Site Editor to use it. The Publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the case of legal prescription.
The User can refuse the recording of “Cookies” or configure his browser to be warned before accepting “Cookies”. To do this, the User will configure his browser:
Chrome : https://support.google.com/
Firefox : https://support.mozilla.org/
Safari : https://support.apple.com/
Internet Explorer : https://support.microsoft.com/
ARTICLE 8: INTELLECTUAL PROPERTY RIGHTS
All the elements of this Site belong to the Publisher or a third party agent, or are used by the Publisher on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and appears as an infringement.
The User guilty of counterfeiting would be liable to have his access to the site terminated without formal notice or compensation and without this exclusion constituting damage for him, without reservation of any subsequent legal action against him, against him. the publisher of this site or its agent.
The brands and logos contained in the Site may be registered by protocol K, or possibly by one of its partners. Anyone who performs representations, reproductions, overlays, broadcasts and replies incurs the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.
ARTICLE 9: RESPONSIBILITY
The Publisher is not responsible for Users’ publications, their content or their veracity. The Publisher cannot under any circumstances be held responsible for any damage that may occur to the User’s computer system and / or the loss of data resulting from the use of the Site by the User.
The Publisher undertakes to constantly update the content of the Site and to provide Users with correct, clear, precise and up-to-date information. The Site is in principle permanently accessible, excluding technical maintenance and updating of content.
The Publisher cannot be held responsible for damages resulting from the unavailability of the Site or parts of it.
The site editor cannot be held responsible for the technical unavailability of the connection, due in particular to a case of force majeure, maintenance, updating, modification of the site, intervention by the host, internal or external strike, network failure or even a power failure.
The Publisher cannot be held responsible for the non-functioning, the impossibility of access or the malfunctions of the Site attributable to unsuitable equipment, a configuration or improper use of the User’s computer, malfunctions of the services of the Users’ access provider, or those of the Internet network.
ARTICLE 10: NOTIFICATIONS AND COMPLAINTS
Any communication or communication relating to these T & Cs, legal notices or the personal data card must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notices of the Site, specifying the contact details, surname and first name of the notifier, as well as the subject of the communication.
Any complaint relating to the use of the Site, the Services, the pages of the Site on any social network or the T & Cs, the legal notices or the personal data card must be lodged within 365 days from the date of origin of the source of the complaint problem, regardless of any conflicting law or rule of law. In the event that such a claim has not been filed within the next 365 days, such claim will be forever unenforceable in court.
It is possible that, throughout the Site and the Services offered, and to a limited extent, there are inaccuracies or errors or information that does not agree with the T & Cs, the legal notices or the personal data charter. In addition, it is possible that unauthorized modifications by third parties are made on the Site or on the Services connected to it (social networks, etc.).
In this situation, the User has the possibility of contacting the editor of the site by mail or by e-mail at the addresses indicated in the legal notices of the site, with if possible a description of the error and the location (URL). , as well as enough information to contact him.
ARTICLE 11: INDEPENDENCE OF CLAUSES
If a provision of the T & Cs turns out to be illegal, void or for any other unenforceable reason, this provision will be deemed to be severable from the T & Cs and will not affect the validity and enforceability of the remaining provisions.
The T & Cs replace all prior or contemporary written or oral agreements. They are not assignable, transferable or sublicensable by the User himself.
A printed version of the T & Cs and all communications provided electronically may be required in the context of legal or administrative proceedings relating to the T & Cs. The parties agree that all correspondence relating to these T & Cs must be written in English.
ARTICLE 12: APPLICABLE LAW
These T & Cs are governed by and subject to US law.
Except for provisions of public order, any dispute which may arise during the execution of these T & Cs may, before any legal action, be submitted to the Site Editor for examination for the purposes of an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for establishing legal proceedings.
Unless otherwise provided by public order, any legal action relating to the execution of these T & Cs will be subject to the jurisdiction of the courts of the jurisdiction of the place of domicile of the defendant.
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