Terms of use

Welcome to www.mydatamodels.com, the website owned, operated, and/or provided by MyDataModels SAS. (“MyDataModels,” “us,” or “we”).

These Terms of Use (the “Terms”) govern your use of our website,our online and/or mobile services. By accessing or using the Site you signify that you have read, understood, and agree to be fully bound by these Terms and to the collection and use of any of your information as set forth in the our Privacy Policy, whether or not you are a registered user of our Site.

These Terms constitute a legal contract between you, either an individual subscriber, customer, visitor, or user of at least 18 years of age or a single company, organization, or entity (“you” or, collectively with others, “users”) and MyDataModels regarding your use of the Site.

We may occasionally change these Terms. The changes shall be immediately applicable. The most current version of the Terms (along with their effective date) will supersede all previous versions and be linked at the following address: https://www.mydatamodels.com/legal/terms-and-conditions/.

MyDataModels encourages you to periodically review the Terms to stay informed of our updates. If you continue to use the Site and Services after we change the Terms, you accept all changes.

PLEASE PRINT, KEEP A COPY AND READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE  BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Contact us. Please contact us at privacy@mydatamodels.com with any questions regarding these Terms.

License and Site Access. MyDataModels grants you a limited license to access and make use of the Site and not to download (other than page caching) or modify it, or any portion of it (other than content provided specifically for download), except with express written consent of MyDataModels. Use of the Site may require you to register yourself as a user and open an account with MyDataModels. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MyDataModels, or in a way contrary to applicable laws and regulations, or in any way that may cause harm to the “Site,” or to any person or business entity. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyDataModels without express written consent. You may not use any meta tags or any other “hidden text” utilizing MyDataModels’ name or trademarks without the express written consent of MyDataModels. Any unauthorized use terminates the permission or license granted by MyDataModels. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to MyDataModels’ home page so long as the link does not portray MyDataModels, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MyDataModels logo or other proprietary graphic or trademark as part of the link without express written permission. The content on the Site may be used only as an information resource.

Delays. The usage of the Site may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. MyDataModels is not responsible for any delays, failures or other damage resulting from such problems.

Privacy. User privacy is important to us. Please read our Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

Services Rules. Intellectual Property. All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is the property of MyDataModels, its suppliers or third-parties and protected by trademark, copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all trademark, copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto, including without limitation altering any proprietary rights or attribution notices in any such content. Access to the Site does not authorize anyone to use any of MyDataModels’ names, logos or marks, including without limitation the MyDataModels trademark or logo, or any other intellectual property in any manner. You will use protected content solely for your personal, non-commercial use, and will make no other use of the content without the express written permission of MyDataModels and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MyDataModels or our licensors except as expressly authorized by these Terms. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is strictly prohibited.

Additional Terms for Forums. Our Site may provide one or more forums, (“Forums”) for registered users to exchange information with each other and with MyDataModels’ support staff about MyDataModels’ products and services (the “Purpose”). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:

1. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide;
2. Postings Not Necessarily the Opinion of MyDataModels. Some of the individuals posting to Forums work for MyDataModels; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of MyDataModels.
3. Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and MyDataModels will not be held responsible for any message or associated content. If you post any messages, uploading files, inputting data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of these Terms or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. When using the Forums and viewing Postings, you need to be aware of the following issues:
4. The Forums may include contributions from various sources over which MyDataModels has no control (including any content submitted by third party users).
5. MyDataModels does not pre-screen or exercise editorial control over postings and takes no responsibility for such Postings.

iii. MyDataModels reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of these Terms or in breach of any obligation of confidentiality you owe MyDataModels, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and MyDataModels will not be liable in relation to the removal of, or failure to remove, any Postings.

1. Messages to Registered Users.Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following (i) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message; or (ii) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.
2. By adding a Posting to the Forum, you are granting MyDataModels a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to (i) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting; (ii) use, reproduce, modify, adapt, publish, translate, create derivative works from; and distribute, perform, play, host, communicate, make available and publish your Posting without restriction, and (iii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction without MyDataModels owing any monies to you whatsoever.
3. Posting Guidelines.Our Forums may contain additional rules or posting guidelines. In such case, you agree to make your Postings conform to any such additional rules or posting guidelines.

Notification of infringement. You may report abuse, harassment, inappropriate content, privacy complaints or, more generally, any violation of the law by a third party by sending a notification to MyDataModels at privacy@mydatamodels.com.

Within a commercially reasonable time after receipt of the written notification, MyDataModels shall take action or remove or disable access to the material that is alleged to be infringing, forward the written notification to the alleged infringer, and take reasonable steps to promptly notify the alleged infringer that MyDataModels has removed or disabled access to the allegedly infringing material or disabled access to the Services to the infringer.

The infringer shall have the right to send a counter-notification at the above-provided address and MyDataModels shall take a decision within reasonable commercial time according to the facts and evidence notified.

Third-Party Services. Our Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by MyDataModels.

MyDataModels has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from MyDataModels, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve MyDataModels from any and all liability arising from your use of any third-party website or services or third party owned content.

We recommend you be aware of when you leave the Site and read the terms and conditions and privacy policy of third-party websites or services that you visit.

Indemnification. You agree to defend, indemnify and hold harmless MyDataModels and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of any country; MyDataModels will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by MyDataModels. MyDataModels will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.

Disclaimer of Warranties/Limitation of Liability. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MYDATAMODELS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THESE TERMS. MYDATAMODELS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MYDATAMODELS’ SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYDATAMODELS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYDATAMODELS DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR E-MAIL SENT FROM MYDATAMODELS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYDATAMODELS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MYDATAMODELS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Under no circumstances, including, but not limited to, negligence, will MyDataModels or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Site or any other interactions with MyDataModels, even if MyDataModels or a MyDataModels authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, MyDataModels’ liability will be limited to the fullest extent permitted by applicable law.

In no event will MyDataModels’ or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensor’s, or suppliers’ total liability to you (whether in contract, tort including negligence, warranty, or otherwise) shall exceed the amount paid by you, if any, for accessing the Site during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim.

By using the Site you agree that MyDataModels shall not be responsible for (1) any content, (2) any person’s reliance on any such content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any content or otherwise as a result of your use of the Site

Force Majeure. Neither party will be liable to the other for failure to fulfill obligations hereunder if such failure is due to causes beyond its control, including acts of God, earthquake, fire, flood, embargo, catastrophe, sabotage, utility or transmission failures, governmental prohibitions or regulations, national emergencies, insurrections, riots or war.

Claims. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. To the extent permitted by the applicable law, You and MyDataModels agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Notice and Modifications. By providing MyDataModels your email address you consent to our using the email address to send you related information and notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers or changes in these Terms. If you do not want to receive such email messages, you may opt out or change your preferences in your user settings page within your account on the Site Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Term. You agree that these Terms will be deemed to be in effect upon the date on which you access the Site in accordance with the preamble and continue for a period of five years after you last accessed the Site.

Suspension and Termination. We may change, suspend, or discontinue the availability or any functionality of the Site or any aspect of your access to the Site at any time without incurring any liability to you.

Miscellaneous Legal Terms. These Terms constitute the entire and exclusive agreement between you and MyDataModels with respect to the Site, and supersede and replace any other agreements, terms and conditions applicable to the Site. These Terms create no third-party beneficiary rights. MyDataModels’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but MyDataModels may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. MyDataModels and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Applicable law. Jurisdiction. THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY THE LAWS OF FRANCE.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE APPELATE COURT OF AIX-EN-PROVENCE, DESPITE MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE..