Société : Allegorithmic SAS
Adresse : 3 Avenue Julien, 63000 Clermont-Ferrand
N° SIRET : 448 617 753
Capital Social : 189 080€
Welcome to Substance 3D Website. This Website is owned and operated by Allegorithmic.
The present terms and conditions (the “Terms”) are intended to govern all relations between Allegorithmic and any natural or legal person using this Website.
These Terms govern your access to and use of this Website and, except as otherwise provided in these Terms, all Software (as defined hereafter), Substance Materials (as defined hereafter), Copyright Asset (as defined hereafter), text, graphics, images, information, tutorials, information or other materials that may or may not be available for purchase through this Website (collectively the “Services”) constitute a binding legal agreement between Allegorithmic and you.
Certain areas of this Website and your access to or use of certain Services may have different terms and conditions that may require You to agree with and accept them. If there is a conflict between these Terms and the terms and conditions posted in a specific area of this Website, the terms and conditions posted on the specific area will prevail with respect to your use of or access to that area of this Website or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THIS WEBSITE OR THE SERVICES OR BY POSTING ANY USER CONTENT ON THIS WEBSITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THIS WEBSITE, SERVICES OR CONTENT.
YOU MAY NOT USE THIS WEBSITE OR SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.
In these Terms, the terms starting with a capital letter shall have the following meaning:
- “Agreement”: means (i) the General Terms and Conditions, (ii) the Specific Terms and Conditions and (iii) the Third Party Licenses ((i), (ii) and (iii) as further defined in other areas of this Website), which a User intending to license Software or Copyright Asset must enter into with Allegorithmic;
- “Account”: means the personal account that may be created by a User of this Website to enable the User to have access to certain Services offered by Allegorithmic;
- “Commercial Terms” means the Fees payable by a User to access certain Services, as set out in the relevant areas of this Website, quotes, invoices, price list or Agreement;
- “Consumer”: means any User who is acquiring Software or a Copyright Asset, for his/her direct individual Use and does not make any direct or indirect commercial use of the Software or Copyright Asset;
- “Content”: means, but is not limited to, the Copyright Assets, Substance Materials, text, graphics, images, photographs, tutorials, information and other materials available on this Website excluding User Content;
- “Copyright Asset”: means specific content including without limitation materials, brushes, patches, High Dynamic Range Images (HDRIs), meshes, software tools, services and any other form of works which are subject to copyright laws, that are distributed either through (i) an Allegorithmic proprietary License on Substance Source or Substance Academy websites (as further detailed in a specific area of this Website) or another proprietary Allegorithmic platform as or (ii) a Creative Commons License on Substance Share (as further detailed in a specific area of this Website);
- “Fee”: means any fee, cost and expense as set out in the Commercial Terms that are payable for Your Use of the Services;
- “Free Services”: means the possibility for all Users to use certain Services offered by Allegorithmic on the Website free of charge;
- “License”: shall mean the limited right to Use the Software or the Copyright Assets as further detailed in the Agreement;
- “Login Details”: means the User’s username or email address and password necessary to create and have access to his/her Account;
- “Services”: means all Software and Content available to the Users on this Website either free of charge or upon the payment of a Fee;
- “Software”: means the Allegorithmic proprietary software product, licensed to you under the Agreement entered into between Allegorithmic and you;
- “Specific Terms and Conditions”: the specific terms and conditions containing the additional terms including the applicable Fees if any, governing your Use of a Software or Copyright Asset;
- “Substance Materials”: means the texture and/or filter or a combination thereof either created by you through your use of the Software or otherwise, or made available to you as a Copyright Asset;
- “Third Party Licenses”: means the terms and conditions of any third-party software which is embedded in the Software or the Copyright Asset;
- “Website” or “Allegorithmic Website”: means Allegorithmic’s website, web pages and online stores, including substance3d.com;
- “User”: means any natural or legal person visiting the Website and using Services offered by Allegorithmic or third parties;
- “User Content”: means the Content posted by a specific User on this Website;
- “You”: means the User of this Website.
- “Your” means relating to you or made or carried out by you.
These Terms define the mutual obligations of the User and Allegorithmic.
Allegorithmic is a French limited liability (“SAS”) company with a share capital of 189.080 euros, whose registered office is at 3 avenue Julien, 63000 Clermont-Ferrand, France, registered under number 448 617 753 with the Registry of Commerce and Companies of Clermont-Ferrand, with VAT registration number FR91385385844.
The contact email address is email@example.com and telephone number is + 33 (0)4 44 44 63 44.
Legal representative and director of the publications: Ms. Jillian Forusz, President.
The hosting services (i) for Allegorithmic Website is performed by Amazon Web Services, Inc., a company incorporated in the USA, with contact details at https://aws.amazon.com; (ii) for Substance Source and Substance Academy Websites are performed by Google, a company incorporated in the USA with contact details at https://cloud.google.com/contact/ through Google Cloud Platform.
GENERAL INFORMATION ABOUT THIS WEBSITE
Allegorithmic offers to Users the possibility to use certain Services on this Website free of charge including without limitation to post User Content, participate to Allegorithmic forum or subscribe to Allegorithmic newsletter.
Allegorithmic also offers to Users the possibility to use certain Services on this Website for a Fee including without limitation licensing Software or Copyright Assets.
The English language version of these Terms is legally binding in the event of any conflict between the English version and any translations.
ACCEPTANCE AND CHANGE OF TERMS
The use of this Website requires that the User accepts, in advance and without reservation, the present Terms.
The User acknowledges and understands that by using this Website such User accepts the Terms.
If a User refuses to accept these Terms, such User is not authorized to use this Website.
These Terms come into force on the date of their publication online and shall be binding upon first use of this Website by the User and until new conditions supersede them, as further detailed hereafter.
Allegorithmic recommends that Users print and / or download these Terms for their records.
Allegorithmic may revise the Terms at any time for legal, best practice or any other reason. If Allegorithmic modifies these Terms substantially, Allegorithmic will post the modification on this Website and will display a banner showing the date when these Terms were last updated, or otherwise provide You with notice of the modification.
Please be sure to review the current Terms each time You visit this Website and check the new Terms that may be applicable.
By continuing to access or use this Website or the Services after we have posted a modification on this Website or have provided you with notice, you are indicating that you agree to be bound by the modified Terms.
This Website, Services, Content and User Content are protected by applicable copyright, trademark, and other laws. Except as expressly provided in these Terms, Allegorithmic and its licensors exclusively own all rights, titles and interests in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, Content and User Content (other than your own User Content).
LICENSE TO THE SOFTWARE AND THE COPYRIGHT ASSETS
You will find on this Website some free evaluation and paid Licenses and updates to the Allegorithmic Software or Copyright Assets, that you may elect to purchase and/or download from this Website. In order to use the Allegorithmic Software or a Copyright Asset, you must be granted a valid license by accepting the Agreement for the specific Software or Copyright Asset you intend to use at or before the time of installation. Except as otherwise provided herein, your use of the Software or the Copyright Asset will be governed exclusively by the Agreement, not these Terms.
Any Software or Copyright available on this Website will be subject to your acceptance of the Agreement available by following the link: https://www.substance3D.com/legal.
Users may upload and publish User Content on this Website. You acknowledge and agree that all such User Content whether information, data, text, or other materials, publicly posted, are the sole responsibility of the User positing such User Content.
You acknowledge and agree that you are solely responsible for all User Content you post or upload on this Website. In particular, you will choose alone and will be fully responsible for the means, methods and resources necessary to post and upload such User Content on this Website.
It is your responsibility to understand how intellectual property laws and content operate. Only User Content which you have either created, or that was validly assigned to you, or else for which you obtained a valid authorization may be posted or uploaded on this Website.
You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that you post or upload on this Website or you have all rights, licenses, consents, authorizations and releases to use and distribute such User Content; and (ii) neither the User Content nor your uploading, posting, publication, submission or transmittal of such User Content or any use of such content (or any portion thereof) by a user or by Allegorithmic, through or by means of this Website or otherwise, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Each time you post or upload User Content on this Website, You acknowledge and agree that your user name may be associated with any User Content that you post or upload, and you represent and warrant that you own or otherwise control all rights to any User Content you post or upload on this Website. you agree that you will indemnify, defend, and hold Allegorithmic harmless for all claims resulting from any User Content you post or upload on this Website.
License grant to Allegorithmic
If you are making any User Content available on this Website, you hereby grant to Allegorithmic a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, reproduce, represent and distribute such User Content on any format including by means of this Website and in any known digital media or unknown to this day, unless agreed otherwise between you and Allegorithmic. Allegorithmic does not claim any ownership rights in any User Content.
The license endures for as long as the User elects to continue to include some User Content on the Website and will terminate at the time such User Content is removed from the Website.
Violation of a third party’s intellectual property rights
If a User has reason to believe that their copyrights have been violated, such user must notify Allegorithmic as soon as such User has knowledge of it.
Any correspondence shall be sent to Allegorithmic at the following address: Allegorithmic, 3, avenue Julien, 63000 Clermont-Ferrand, France or sent by e-mail to firstname.lastname@example.org.
The User shall provide Allegorithmic with information including:
- The precise localization of the User Content with the URL;
- Personal information and email address of the User;
- A warranty to Allegorithmic that the use of such User Content is not duly authorized by the owner;
- Evidence that the User Content is believed to be illegal, and
- Any information relevant that could help Allegorithmic determine the alleged violation of intellectual property
Once Allegorithmic has been made aware of a manifestly unlawful User Content, Allegorithmic will remove such illegal User Content or make it impossible to access and notify the publishing party that the User Content has been blocked or deleted.
General rules for Account creation
Before using certain Services on this Website, including without limitation to receive the Allegorithmic’s newsletter, a User might be requested to create an Account. In order to create an Account, each User must first create his/her Login Details, and then use such Login Details each time s/he wants to access such Services.
The Login Details are strictly personal and confidential. The User is fully liable for keeping such Login Details confidential. The User undertakes neither to use the Account of another User nor the Login Details of another User, nor to disclose his/her Login Details to a third party.
The User is solely liable for any use of his/her Account by him/herself or by any third party. Allegorithmic shall not be liable for any misuse or fraudulent use of the User’s Login Details unless such misuse or fraudulent use was directly caused by Allegorithmic.
In order to ensure the security of this Website and to prevent all fraudulent intrusion of unauthorized persons, all passwords chosen by a User should consist of at least 8 characters (including numbers, special characters, etc.). Each User shall change his/her personal password on a regular basis.
After accessing his/her User’s Account, the User should log out by clicking the “close” button so that no unauthorized person can access the Account. Allegorithmic invites the User to be extremely careful, especially when such User logs in from a public computer.
Any instructions received by Allegorithmic which include User’s Login Details shall be presumed to have been submitted by the User.
The User shall inform Allegorithmic immediately if some or all of this information changed or is not valid any longer. The User shall notify Allegorithmic in writing, by letter, fax or email of any modification.
A User who is already registered is only required to enter his/her email address and password.
The entering of this information by the User is deemed a proof of his/her connection to the Website.
Creation of an Account to access free Services
An Account is available to any User after such User provided his/her Login Details.
Once the User has created his/her Account, s/he can sign in directly by clicking the button “Sign in” with Allegorithmic and entering his/her Login Details.
Creation of an Account to access paid Services
For any User wishing to purchase certain Services including without limitation Software or certain Copyright Assets, a User must enter his/her Login Details, and customary billing information such as name, company name, billing address, credit card information and VAT number (for EU residents) either to Allegorithmic or its third-party payment processor.
You agree to pay Allegorithmic the Fees for all purchases of paid Services (including all applicable taxes) made via the Website and you hereby authorize the collection of such Fees by charging the credit card You provided as part of your order, either directly by Allegorithmic or indirectly, via a third party online payment processor.
For subscription Services, Allegorithmic may disable all copies of the Software or Copyright Assets You have licensed in the event you fail to make all payments by the due date.
Once the User has provided the above information, and once it has been verified by Allegorithmic, such User shall be able to purchase and download the paid Services.
Suspension and suppression of an Account
A User may suppress his/her Account at any time.
Temporary Suspension. Once a User temporarily suspends or pauses his/her Account, all such User’s billing details including his/her credit card information will be permanently deleted from Allegorithmic’s records. Allegorithmic shall however keep other information about such User including the User’s preferences or the balance of the earned digital money s/he accumulated after purchasing paid Services, as to enable the User to start benefiting from such earned digital money when s/he resumes subscribing to the paid Services.
Permanent suppression. If a User wants to permanently suppress his/her Account and Login Details, such User must confirm his/her intent for permanent suppression by filling in a contact form that can be found at https://www.substance3D.com/contact. Once permanent suppression is confirmed by a User, such User’s Account shall be permanently deleted and all information pertaining to the User will be permanently deleted from Allegorithmic’s records.
Once an account has been permanently suppressed, a User understands and agrees that s/he shall not be allowed to access the paid Services that s/he was subscribing to unless such User creates a new Account.
Information and notices concerning Allegorithmic’s collection and use of your personal information is available by following the link: https://www.substance3D.com/legal.
FOR ALL USER CONTENT, INCLUDING BUT NOT LIMITED TO GRAPHICS, SOUND, OR TEXT PROVIDED BY A USER ON THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS IN FACT A TECHNICAL MEANS AND A TOOL FOR PUBLICATION OF USER CONTENT, WHICH IS MADE AVAILABLE BY ALLEGORITHMIC TO THE USERS. ACCORDINGLY, EXCEPT WHERE ALLEGORITHMIC WAS DULY ADVISED OF THE BLATANT EXISTENCE OF AN ILLEGAL CONTENT, ALLEGORITHMIC (I) DOES NOT ENDORSE ANY CONTENT, (II) DOES NOT VERIFY THE IDENTITY OF PEOPLE USING THE WEBSITE, AND (III) DOES NOT SCREEN, MONITOR, EDIT OR REVIEW ANY USER CONTENT AT ANY TIME.
Allegorithmic does not warrant or represent that it shall monitor, pre-screen, review, flag, filter, modify, refuse or remove any or all Content on this Website.
- The date on which You discovered any nonconformity of the Content,
- Your last name, first name and a way of contacting You such as a phone number and/or an e-mail address;
After receipt of such notice, Allegorithmic reserves the right to act as it deems appropriate, at its sole discretion. Where Allegorithmic believes or has reasons to believe that any User Content is unlawful because:
(A) such User Content without limitation:
- violates the intellectual property rights or any other rights of any third party;
- violates any applicable law or is subject to a court order;
- is being distributed by third parties improperly;
- is deemed by Allegorithmic to have a virus or is deemed to be malware, spyware or have an adverse impact on Allegorithmic or others ;
- violates these Terms or any other terms and conditions available on other areas of this Website;
- impacts the integrity of Allegorithmic servers due to its display by way of example; or
(B) such User Content may render Allegorithmic liable to any third party or may otherwise be in breach of any applicable terms and conditions available on other areas of this Website, Allegorithmic may take (or require You or third party to take) such action and/or do such things as may in Allegorithmic’s reasonable opinion be necessary to minimize or eliminate Allegorithmic’s potential liability including without limitation suspend or remove the User Content from this Website immediately, edit or change the User Content and/or block a third party from accessing this Website or request that You immediately cease Using the User Content and remove it from any computer device and destroy them.
Notwithstanding anything to the contrary in the foregoing, You understand and agree that by using this Website, You may be exposed to certain User Content or other Content that You may find offensive, indecent or objectionable and that You therefore Use this Website at Your own risk.
GENERAL PROHIBITIONS OF USE
The User agrees not to use the Website or the Services without limitation to:
- unlawfully or in any manner that could damage, disable, overload or alter this Website;
- collect email addresses or information of other Users by any means, electronic or otherwise, in order to contact by email or any other means those Users without their prior consent;
- publish on the Website or allow others to publish Content that is pornographic, racist, anti-Semitic, discriminatory, pedophiliac, racial, obscene, fraudulent, illegal, injurious, defamatory, that encourages violence or criminal acts, that infringes third party rights or violate local, domestic or international laws or regulations;
- display Contents which are not exclusively private User Contents originally created by Users;
- usurp another person’s or business’s identity and hide his/her identity, age or affiliation with a person or entity;
- publish any personal data of a third party including but not limited to addresses, telephone numbers, email addresses or bank or credit card account numbers;
- post Content or materials that contain software viruses or computer code, files or programs designed to prevent, destroy or limit the functionality of computer software or hardware or telecommunications;
- send emails containing viruses, Trojan horses or other similar programs;
- publish information that could cause or create a risk of breaching the confidentiality of any person or entity or harm to any person or entity;
- make or encourage unlawful or unauthorized copies of Users or third party Contents protected by copyright;
- carry out commercial and/or sales activities without the prior written consent of Allegorithmic.
To benefit from certain Services available on this Website including without limitation certain licensed Software or Copyright Assets, Users might be requested to pay Fees shown on the Commercial Terms of this Website.
The Fees might be payable monthly, yearly or for a fixed price, as set out on the Commercial Terms.
Prices will be stated in US Dollars excluding sales taxes such as VAT. The applicable Fees for the paid Services are as shown on the Website during the validation of a User’s order.
The Fees for any custom-made Service is not available on the Website and shall be provided to the Users by Allegorithmic separately based on the specific Client’s needs.
Allegorithmic may change the Fees for paid Services in accordance with the applicable terms and conditions for the paid Services as set out in other areas of this Website.
The User agrees that all invoices for the paid Services will be transmitted by email to the address provided by the User in the contact information.
If an invoice is not paid by the User in full within a period of thirty (30) days from the due date, then the outstanding amounts shall carry interest at the interest rate for each month (or partial month) which has elapsed following such due date until such amounts are paid in full. The interest rate will be calculated based on three (3) times the legal interest rate currently in force in France.
To receive the paid Services, the User must pay in full by credit card the Fees stated on the day of placing the order. In the absence of confirmation of payment, the Services cannot be provided by Allegorithmic.
All sales are final and there shall be no refunds except as required by applicable law. Each month started cannot be refunded.
CUSTOMER SERVICE AND SUPPORT
Allegorithmic is available to answer the Users’ general questions by email to the following address: email@example.com.
Allegorithmic is available to answer User’s questions relating to bugs on the Software, Copyright Assets or other Content by email to the following address: firstname.lastname@example.org.
RELATIONSHIP BETWEEN THE PARTIES
These Terms may under no circumstances be interpreted as creating any sort of agreement to act as an authorized agent on behalf of either party.
Allegorithmic and the User may under no circumstances be held jointly and severally liable as to any obligation or right provided herein.
Allegorithmic may, in case of a violation of these Terms by the User, (i) terminate and permanently delete the User’s Account, (ii) delete part or all of a User Content on the Website, (iii) cancel the User’s Login Details (iv) suspend or interrupt User’s access to all or part of the Website and Services, with or without prior notice or explanation, and without incurring any liability in this respect.
The User is exclusively liable for the creation of backup and replacement copies of each User Content it uploads or posts on this Website and Allegorithmic shall not be liable for any costs associated therewith.
If the Account is inactive for a period of six (6) months since the last action of the User on his/her Account, Allegorithmic may delete this Account. The User may suppress his/her Account at any time.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT THIS WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, ALLEGORITHMIC, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THIS WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THIS WEBSITE OR THE SERVICES MADE AVAILABLE TO YOU THROUGH THIS WEBSITE WILL BE CORRECTED, AND (E) THIS WEBSITE OR THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALLEGORITHMIC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE OR THE SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE.
The User agrees to indemnify and defend Allegorithmic, shareholders, affiliates, employees, representatives, assigns and agents against any claim or demand made by a third party consecutive to a breach by the User of these Terms, non-compliance with applicable laws and regulations, including attorneys’ fees with respect to professional users.
LIMITATION OF LIABILITY
AS A COMPUTER SERVICE PROVIDED THROUGH INTERNET, THE USER IS ADVISED THAT WITH THE USUAL TECHNOLOGY, THE LEGITIMATE OPERATION OF THE WEBSITE DEPENDS ON TECHNICAL FACTORS, SUCH AS THE INTERNET WHICH ARE NOT UNDER THE CONTROL OF ALLEGORITHMIC. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALLEGORITHMIC CANNOT BE HELD LIABLE FOR ANY DAMAGE THAT RESULTS FROM THE INTERNET NETWORKS.
DUE TO TECHNICAL UNCERTAINTY OF THE INTERNET, ALLEGORITHMIC MAY TEMPORARILY SUSPEND THE USE OF THE WEBSITE AND ITS SERVICES EITHER FOR TECHNICAL REASONS OR MAINTENANCE. ALLEGORITHMIC WILL TRY AND LIMIT THESE INTERRUPTIONS.
ALLEGORITHMIC’S AND ITS LICENSORS’ TOTAL LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE TERMS REGARDLESS OF THE CAUSE OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT PRODUCT LIABILITY), INDEMNITY, OR OTHERWISE AND WHETHER OR NOT ALLEGORITHMIC OR ITS LICENSORS HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND EVEN IF SUCH DAMAGES WERE FORESEEABLE WILL BE LIMITED TO THE GREATER OF THE AMOUNTS PAID BY YOU OR ONE HUNDRED U.S. DOLLARS (US$100). IN NO EVENT SHALL ALLEGORITHMIC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THEIR EXECUTION OR PERFORMANCE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, ALLEGORITHMIC AND ITS LICENSORS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL ALLEGORITHMIC OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DIRECT DAMAGES INCLUDING LOSS OF PROFITS, LOSS OF DATA OR LOSS OF OPPORTUNITY RESULTING FROM THE USE OF WEBSITE AND SERVICES.
THESE TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH FRENCH LAW.
ANY DISPUTE ARISING FROM, OR IN CONNECTION WITH, THESE TERMS, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS IN PARIS, FRANCE.
Mediation and Online Dispute Resolution platform: If a dispute arises between you and Allegorithmic, please be aware that as a Consumer, you may (i) contact us at email@example.com; (ii) seek a recourse with a mediator, free of charge, in order to reach a settlement agreement with Allegorithmic. For your information, Allegorithmic’s designated mediator is the ” Fédération du e-commerce et de la vente à distance ” (FEVAD) and the e-commerce mediation service (60, rue la Boetie – 75008 Paris, France, firstname.lastname@example.org); (iii) you may also use the following EU Online Dispute Resolution platform to submit a complaint that will be resolved by an independent dispute resolution body: https://ec.europa.eu/consumers/odr/main/.
EXCEPTIONS APPLICABLE TO CONSUMER USERS
If you are a Consumer, then be advised that certain Sections of these Terms shall not be applicable to you i.e. sub-Section: Translations under the Section “General Information about this Website”, Section: Disclaimer of warranties, Section: Limitation of liability and Section: Jurisdiction.
Waiver to the withdrawal right available to Consumers. If You downloaded a specific Copyright Asset or Software after accepting the relevant Agreement, you shall not be entitled to Your withdrawal right under applicable law. Indeed, You are reminded that the withdrawal right available to Consumers which may be exercised by a Consumer within 14 days from the date of conclusion of a contract, does not apply to contracts for the supply of digital content if (i) the digital content is not provided on a tangible medium, (ii) the contract performance started through the act of downloading the digital content by the Consumer, and (iii) the Consumer gave his/her prior express consent and acknowledged that s/he lost his/her withdrawal right.
Therefore, You hereby understand and agree that by accepting these Terms, downloading Software or Copyright Asset and being granted instantaneous access to such digital content, You have lost Your withdrawal right under applicable law.
If you have any questions about these Terms, please contact Allegorithmic at email@example.com.