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Terms FOR THE USE OF EUROPAGES MY ACCOUNT

EUROPAGES SA, a limited liability company operating under French law with a share capital of 2 800,000 Euros, registered at Nanterre, no. B338 631 930, whose registered address is 127 avenue Charles de Gaulle, Neuilly-sur-Seine 92200 (hereinafter referred to as EUROPAGES), is the publisher of the www.europages.com site and all its translated versions (hereinafter referred to as the Europages Site).
This site comprises a range of services including the Europages Companies Directory, Europages Buy & Sell, Europages Public Procurement, Europages My Account and the Business Resources
Last update: november 22, 2006
The User hereby acknowledges and accepts the Terms for the Use of the Europages My Account (hereinafter referred to as "My Account") and services associated therewith as set forth herebelow:

I. MY ACCOUNT

I.1 Purpose

My Account centralises in a particular section of the Europages Site all the personalised services of the registered or subscribing User. The User may manage and modify at will any options of personalisation by service and the User profile.
My Account also offers a selection of online services and information collected under the Business Resources heading.

I.2 Functioning

My Account enables the registered User:
from the "My Info" tab, to visualise and update the profile, and to unsubscribe;
from the "My Directory" tab, to manage the searches saved and
to visualise its address details or its Ad;
from the "My Buy & Sell" tab, to manage its alerts and purchase offers;
from the "My Public Procurement" tab, to manage its alerts.
My Account enables the registered User
to access all the information and functionalities accessible to the registered User;
from the My Info tab, to visualise the information relating to its Bonus Pack subscription;

I.3 Free registration procedure

The free registration on offer to the User shall be valid for one (1) year.
To gain access to My Account, the User must conform to the following free registration procedure:
The User shall complete the registration form and provide the following requisite informations:
title, surname and forename, telephone and fax numbers, language chosen, company name and field;
identifier (electronic address) and password, secret question and answer enabling the User to retrieve the password should it be forgotten.
Click to consult our policy on the protection of private data.
An email shall then be sent to the User to ensure the electronic address provided is valid.
The User must then confirm registration by clicking on the link provided for this purpose in the email.
The personal data thus stored may be accessed and modified in My Account.
(Click to consult our policy on the protection of private data.)
Should the registration form be incomplete, EUROPAGES will be unable to proceed with the free registration.
The User shall guarantee the accuracy and the up-to-date character of the information forwarded to EUROPAGES on registration.
EUROPAGES shall however not be held responsible for any inaccuracy in the information forwarded by the User or the up-to-date character thereof.

I.4 Identifier and password

The User hereby undertakes to ensure the confidentiality of any identifier and password chosen and forwarded to EUROPAGES.
Use thereof shall be deemed to be made by the User itself.
Should use be made by any third party of the identifier or the password, EUROPAGES shall not be held responsible.

I.5 Terms of use

The User undertakes to refrain from hindering the smooth operation of My Account in any manner whatsoever.
More specifically, it shall ensure the throughput is not unduly overloaded and/or that no elements shall be transmitted that may be likely to damage, intercept and/or interfere with all or part of the Europages Site.
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II. THE BONUS PACK

II.1 Description

The Bonus Pack comprises:
a subscription to Buy & Sell;
a subscription to Public Procurement.
You can subscribe for 12, 6 or 3 months.

II.2 Ordering

The order is placed by filling in the online form.
The Customer receives confirmation of its order by email at the address indicated at the time of registration. The Customer shall confirm this address when placing the order.

II.3 Payment

Secure payment finalises the order. The following credit cards are accepted: Delta, Master Card, Eurocard, Visa/CB and Laser.

II.4 Invoicing

The Customer receives an invoice by email indicating all sums received.
In the event of an invoicing error, EUROPAGES undertakes to process the request within three (3) weeks of the receipt of the request.

II. 5 Accessibility

The services included in the Bonus Pack are accessible immediately after online payment has been accepted.

II.6 Taxes

The price of the Bonus Pack is indicated exclusive of taxes.

II.7 Cancellation and termination

The order may be cancelled no more than seven (7) days after the Bonus Pack is set in place. EUROPAGES shall strive to ensure the Customer is reimbursed within a reasonable time.
Beyond this limit of seven (7) days, the order shall be deemed active for the period of one year, and as such no reimbursement, full or partial, and no early termination shall be possible.
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III. GLOBAL PROVISIONS

III.1 Intellectual property rights

Europages and its logo are registered trade marks.
They are the exclusive property of EUROPAGES.
All editorial elements and contents of the Europages Site (notably trade marks, texts, graphics, logos, animations, etc.) are the exclusive property of EUROPAGES, with the exception of elements contributed by EUROPAGES' partners or other sites accessible via the Europages Site.
All rights of reproduction or representation of the Europages Site are reserved for all countries and for all media, present and/or future.
The User acknowledges that the downloading of addresses and information from the Europages Site for the purposes of constituting a database is prohibited.

III.2 Copyright

In accordance with Act n° 98-536 of July 1 1998 transposing into the French Intellectual Property Code the European Directive n° 96/9/EC of March 11 1996 concerning the legal protection of databases, EUROPAGES is producer and owner of all or part of the databases making up the Europages Site with the exception of elements contributed by EUROPAGES' partners or other sites accessible from the Europages Site.
With regard to the database making up the Europages Site, the User hereby acknowledges that the data comprised therein is legally protected and, in accordance with the legal provision cited hereabove, shall refrain from:
extracting, reusing, storing, representing, reproducing or stocking, directly or indirectly, in any medium whatsoever, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the contents of the databases on the Europages Site;
proceeding with the extraction or repeated and systematic reuse of qualitatively or quantitatively non-substantial parts of the contents of the databases on the Europages Site to which it may obtain access
when such operations manifestly go beyond the normal Terms of use.
Any attempt at fraudulent extraction shall be deemed to constitute infringement of copyright.

III.3 User's comments

EUROPAGES shall provide the User with the opportunity to make comments and suggestions concerning My Account.
The information they contain may be used freely by EUROPAGES, with no financial consideration for the User concerned.

III.4 Security

EUROPAGES applies a set of measures designed to limit the risks connected with intrusion, piracy and the introduction of viruses into its servers and/or the Europages Site.
EUROPAGES is unable to offer an absolute guarantee of security, in so far as the Internet is an open network, by nature sensitive to such risks. The User of the Buy & Sell service hereby declares it is aware of said risks and accepts them.
In no event shall the liability of EUROPAGES be invoked for any injury and/or direct or indirect damage suffered by the User resulting from any interruption or malfunction of the Buy & Sell service and/or from the suspension and/or termination thereof or from the connection to the Europages Site.

III.5 Equipment and connection charges

It shall be incumbent upon the User to install the appropriate equipment so as to access My Account. All costs relating to equipment, connection and transmission necessary for the use of My Account shall be borne exclusively by the User. Furthermore, it shall be incumbent upon the User to take the appropriate measures to protect its own data and/or software stored on its computing equipment against any loss or damage. The User shall be solely responsible for the connection.

III.6 Suspension of access to My Account

EUROPAGES may suspend access to My Account and/or to all of the Europages Site of any User that may infringe the Terms of Use and more generally any legislation and/or regulation that may be applicable.
Such suspension shall not imply the liability of EUROPAGES, without prejudice to its other rights to take legal action, and shall be notified by email.
In such an event, EUROPAGES shall make no reimbursement, either full or partial, if the User has subscribed to a Bonus Pack.

III.7 Application and duration of validity of the Terms of Use

The Terms of Use of My Account shall apply to the User upon connection to the Europages Site. They shall prevail over all previous Terms of Use and may be amended at any time by EUROPAGES. In such an event, the amendments shall be effective as soon as they are posted online.

III.8 Jurisdiction

In the event of major difficulty or dispute between the User and EUROPAGES, the Parties hereto hereby agree to seek an amicable settlement. Should this fail, any such dispute shall be submitted to the Nanterre Commercial Court.
The present Terms of Use shall be subject to French law.
Should the present Terms of Use be translated, the French version shall prevail over all others.

APPENDIX 1

intra-community VAT

Companies located within the European Union
The 6th European Directive of May 17 1977, amended in 1992, establishes the principle of intra-community VAT. The objective thereof is to simplify and develop exchanges, and to avoid companies being taxed twice, in their country of origin and in the country where they purchase goods or services.
Generally speaking, a purchase made abroad is subject to the regulations applicable in the country in which such purchase is made. However, if the importing company is based in the European Union and has a valid VAT number, a purchase ordered and received within the European Union is not subject to VAT in the exporting country.
To determine the country in which the VAT must be paid, the purchaser must provide the seller with its VAT number.
Thus, regarding purchases made from EUROPAGES, companies located in a European Union member state outside France and possessing a valid VAT number shall be exempt from paying French VAT.
As EUROPAGES's head office is located in France, French companies shall be subject to French VAT.
Companies located outside the European Union
EUROPAGES's prices are quoted exclusive of VAT. If the User is not based within the European Union, it must discharge the duties, taxes and excise relating to the importation of goods and services from France. The User is also bound to ensure that the importation of such goods and services does not infringe the laws in force in the importing country.

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