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Legal Information & General Terms and Conditions of Use

I. Legal Notice

1. Site Publisher

Maître Allan ATTALI Avocat à la Cour (Member of the Paris Bar – sworn in on 7 February 2022) Bar identification number ("Toque"): J011 Attorney at Law (Member of the New York Bar – admitted in 2023)

47 Avenue Hoche – 75008 Paris – France Tel.: +33 6 12 02 88 12 E-mail: contact@allanattaliavocat.com

SIRET No.: 888 768 017 00020 EU VAT No.: FR 73 888 768 017

Publication Director: Maître Allan ATTALI

2. Site Hosting

Wix.com Ltd. Namal Tel Aviv 40, 6350671 Tel Aviv, Israel Tel.: +972-3-545-4900 Website: www.wix.com

3. Regulated Profession

Maître Allan ATTALI practices law as an "Avocat à la Cour", a regulated profession in France governed by:

  • Law No. 71-1130 of 31 December 1971 reforming certain judicial and legal professions;

  • Decree No. 91-1197 of 27 November 1991 organizing the legal profession;

  • National Internal Regulations of the legal profession (RIN);

  • Internal Regulations of the Paris Bar (RIBP).

These texts are available on the websites of the French National Bar Council (www.cnb.avocat.fr) and the Paris Bar (www.avocatparis.org).

In addition, Maître Allan ATTALI is admitted to the New York State Bar and is subject to the New York Rules of Professional Conduct.

4. Supervisory Authority

Ordre des avocats au Barreau de Paris (Paris Bar Association) 11 place Dauphine, 75001 Paris, France Tel.: +33 1 44 32 48 48 Website: www.avocatparis.org

In case of any professional dispute, the Bâtonnier of the Paris Bar has jurisdiction.

5. Professional Liability Insurance

Pursuant to Article 27 of the Law of 31 December 1971 and Articles 205 et seq. of the Decree of 27 November 1991, Maître Allan ATTALI carries professional liability insurance under the collective policy subscribed by the Paris Bar Association.

Geographic coverage: Worldwide (subject to the exclusions of the collective policy).

Detailed insurer information and policy number can be provided upon written request to contact@allanattaliavocat.com.

6. Financial Guarantee

The financial guarantee covering funds, securities or assets received on behalf of third parties is provided by:

CARPA de Paris (Caisse autonome des règlements pécuniaires des avocats – Paris Bar's ring-fenced client account scheme) 8 rue Saint-Florentin, 75001 Paris, France Tel.: +33 1 44 51 42 20 Website: www.carpaparis.fr

7. Consumer Mediation

Pursuant to Articles L. 612-1 et seq. of the French Consumer Code, consumer clients may, in the event of a dispute and subject to Article L. 152-2 of the same code, refer the matter free of charge to the Consumer Mediator of the legal profession:

Consumer Mediator – Conseil National des Barreaux (CNB) 180, boulevard Haussmann, 75008 Paris, France Website: mediateur-consommation.cnb.avocat.fr

A prior referral to the Bâtonnier remains available under Article 21 of the Law of 31 December 1971 and Articles 174 et seq. of the Decree of 27 November 1991.

II. General Terms and Conditions of Use (GTCU)

These General Terms and Conditions of Use are entered into between Cabinet Allan Attali Avocat, member of the Paris and New York Bars, 47 Avenue Hoche – 75008 Paris – France, SIRET No. 888 768 017 00020, EU VAT No. FR 73 888 768 017 (hereinafter the "Firm"), and the Internet User.

Any Internet User wishing to use the website www.allanattaliavocat.com (hereinafter the "Site") in its computer or mobile version is deemed to have read these General Terms and Conditions of Use (hereinafter the "GTCU").

Any use of the Site requires consultation and acceptance of these GTCU. The Internet User acknowledges that use of the Site requires compliance with all the provisions defined herein.

It is the responsibility of each Internet User, on each visit, to review any updates to these GTCU, as the Firm reserves the right to amend them at any time.

These GTCU are not general terms of sale or general terms of service.

They are intended to constitute the rules to be respected by any Internet User visiting the Site.

Table of Contents

  1. Definitions

  2. Effective Date – Duration

  3. Purpose of the GTCU

  4. Access Conditions

  5. Hyperlinks

  6. Cybersecurity

  7. Personal Data

  8. Liability of the Firm

  9. Responsibilities of the Internet User

  10. Obligations of the Internet User

  11. Intellectual Property

  12. Force Majeure

  13. Amendment of the GTCU

  14. Tolerance

  15. Headings

  16. Invalidity

  17. Notification Address

  18. Disputes

  19. Questions? Issues? Suggestions?

 

1.Definitions

The terms defined below shall have the following meaning between the Parties:

  • "Firm": refers to Cabinet Allan Attali Avocat, publisher of the Site, whose details appear at the top of these GTCU;

  • "Internet User": any person accessing and using the functionalities of the Site;

  • "Parties": refers, in the singular, indistinctly to the Firm or the Internet User, and, in the plural, to the Firm and the Internet User together;

  • "Personal Data Protection Regulations":

    • the French Data Protection Act No. 78-17 of 6 January 1978, as amended, and any updates thereto; and

    • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR);

  • "Site": the website published by the Firm, accessible at the URL www.allanattaliavocat.com.

2. Effective Date – Duration

These GTCU come into force on the date they are put online and are enforceable from the date of first use of the Site by the Internet User.

These GTCU apply for the duration of use of the Site and until new GTCU replace them.

The Internet User may discontinue use of the Site at any time but remains liable for all prior use.

3. Purpose of the GTCU

The purpose of these GTCU is to present and set out the conditions of use of the Site and all of the Site's pages.

The Internet User declares that he or she has read and accepted these GTCU.

4. Access Conditions

Access to the Site is free of charge for any Internet User with access to the Internet or a mobile network. All costs associated with such access, whether hardware, software or Internet access costs, are the sole responsibility of the Internet User. The Internet User is solely responsible for the proper functioning of his or her equipment and Internet access.

The service is, in principle, available 24/7.

The Firm strives to provide quality access and to enable Internet Users to use the means of communication made available to them under the best possible conditions.

Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring data, the Firm makes its best efforts, in accordance with industry standards, to allow access to and use of the Site. The Firm cannot, however, guarantee that the Site will be accessible or available at all times.

The Firm reserves the right, without prior notice or compensation, to temporarily or permanently close all or part of the service, in particular to carry out updates, maintenance operations, modifications or changes to operating methods and servers, without this list being exhaustive.

The Firm shall not be liable for any damages of any kind that may result from such changes or from the temporary unavailability or permanent closure of all or part of the Site or its associated services.

The Firm reserves the right to add to or modify the Site and the services available on it at any time, in line with technological developments.

It is the responsibility of the Internet User to ensure that the IT and transmission resources at his or her disposal can adapt to changes in the service.

5. Hyperlinks

The Firm reserves the right to set up hyperlinks on its Site, providing access to web pages other than those of its Site, over which the Firm exercises no control.

The Firm declines all responsibility for the conditions of access to these web pages, their operation, their use of Internet Users' personal data, and the content of the information provided on these web pages as a result of the activation of hyperlinks.

Any Internet User who has a personal website and wishes to place, for personal purposes, on his or her site a simple link directly to the homepage of the Site must obtain the express authorization of the Firm to establish this link.

Under no circumstances may such authorization be construed as an implicit affiliation agreement.

In any event, hyperlinks to the Site without the authorization of the Firm must be removed at the first request of the Firm.

6. Cybersecurity

The Firm makes its best efforts, in accordance with industry standards, to secure the Site with respect to the risks involved and the nature of the data processed. However, the Firm can only be held liable in this respect in the event of a proven fault attributable to it. It cannot guarantee absolute security.

The Internet User is prohibited from accessing or maintaining, fraudulently, all or part of the Site. He or she is prohibited from using any access method other than the interface provided by the Firm. In the event of discovery of such a method, or if the Internet User inadvertently enters a reserved area without right, he or she undertakes to inform the Firm without delay by e-mail at contact@allanattaliavocat.com so that it can take the necessary measures.

The Internet User is prohibited from deleting or modifying data on the Site that he or she has not published, or from fraudulently introducing data, or even altering the operation of the Site. In particular, the Internet User shall refrain from introducing viruses, malicious code or any other technology harmful to the Site.

Any access to a prohibited area shall be considered fraudulent access within the meaning of the French Penal Code.

The Internet User undertakes to consider as confidential all data of which he or she has become aware during such access to an unauthorized area and undertakes, accordingly, not to disclose them.

The Internet User shall refrain in particular from carrying out any operation aimed at saturating a page, any rebound operations, or any operation having the effect of hindering or distorting the operation of the Site.

The Internet User undertakes not to use any devices or software of any kind that would interfere with the proper operation of the Site.

The Internet User undertakes not to take any action that would impose a disproportionate burden on the Site's infrastructures.

The Internet User accepts the characteristics and limits of the Internet. He or she is aware that data circulating on the Internet is not necessarily protected, in particular against possible misappropriation.

The Internet User shall take appropriate measures to ensure the security of his or her own data and software against contamination by any viruses on the Internet network.

7. Personal Data

Pursuant to Regulation (EU) 2016/679 of 27 April 2016 on data protection and to French Law No. 78-17 of 6 January 1978 on data, files and freedoms, the Internet User is informed that the Firm, as data controller, processes personal data concerning him or her.

For more information on this processing of personal data and the extent of the Internet User's rights, please refer to the Privacy Policy, available at www.allanattaliavocat.com.

8. Liability of the Firm

A. General Liability

The Firm cannot be held liable for:

  • the quality of the Site, the services being offered "as is";

  • disruption to the use of services;

  • the impossibility of using the services; or

  • breaches of computer security that may cause damage to the Internet Users' computer equipment and data.

B. Liability for Information on the Site

The Firm makes every effort to provide up-to-date information on its Site.

All information made available to persons accessing the Site has been selected on a specific date.

The content published on the Site, in particular blog articles, is for general information purposes only. It does not constitute legal advice within the meaning of Articles 54 et seq. of the French Law No. 71-1130 of 31 December 1971 and shall not be a substitute for tailored legal counsel.

Given the nature and complexity of the technologies used, each Party acknowledges that the Site cannot be free from anomalies, failures, interruptions and unavailability.

In the event of a malfunction or incident of any kind whatsoever while using the Site, the Internet User must immediately inform the Firm.

The Firm cannot be held responsible for any errors or omissions. Any update, new service or new feature that improves or enhances one or more existing information contents shall be subject to these GTCU.

The equipment (in particular computers, telephones, software, electronic communication means) enabling access to and use of the Site is the sole responsibility of the Internet Users, as are the electronic communication costs (in particular telephone costs, Internet access costs) resulting from such use.

9. Responsibilities of the Internet User

Within the framework of these GTCU, the Internet User has been informed that he or she must ensure:

  • compliance with the required technical specifications; and

  • that he or she has the necessary skills and sufficient information to make optimal use of the Site.

The Internet User remains fully and exclusively responsible for the use of information obtained from the Site.

In general, each Internet User undertakes to use the Site:

  • in compliance with laws, regulations and the rights of third parties; and

  • in a fair manner and in accordance with its intended purpose, in compliance with these GTCU and with applicable Regulations.

 

10. Obligations of the Internet User

The Internet User undertakes to use the Site, as well as all the information to which he or she may have access, only to obtain information and for purposes that comply with public order, accepted standards of behavior and the rights of third parties.

It is therefore prohibited to publish or transmit via the Site any unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise offensive content to human dignity. Should the Firm be informed of the presence of unlawful content on the Site, the Firm shall be entitled to immediately remove such content and prevent the relevant Internet User from accessing the Site.

The Internet User also undertakes not to disrupt the use that other Internet Users may make of the Site and not to access parts of the Site to which access is reserved.

11. Intellectual Property

A. Intellectual Property of the Firm

The content of the Site, its general structure, as well as the software, texts, images (animated or otherwise), photographs, know-how and all other elements making up the Site are the exclusive property of the Firm or of third parties who have granted it a license.

All elements of the Site are protected by copyright, trademark law, designs and models law and/or any other intellectual property rights.

No title or right whatsoever in any element or software shall be obtained by downloading or copying elements of this Site. The Internet User is expressly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting or adding to this Site and the materials and software it contains, or from modifying them or performing any work based on them, or from selling or participating in any sale relating to this Site, the materials on this Site or any related software.

In particular, the Internet User shall refrain from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the Site or the computer codes of the elements making up the Site.

These GTCU do not imply any transfer of intellectual property rights of any kind whatsoever on the elements belonging to the Firm or its assignees, such as sounds, photographs, images, literary texts, artistic works, software, trademarks, graphic charters and logos.

The Firm grants the Internet User a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorization of the Firm, is prohibited and would constitute infringement likely to engage the civil and criminal liability of the infringer, pursuant to Articles L. 335-2 et seq. of the French Intellectual Property Code.

Consequently, the Internet User shall refrain from any act likely to infringe directly or indirectly the intellectual property rights of the Firm.

The same applies to any databases that may appear on the Site, which are protected by Articles L. 341-1 et seq. of the French Intellectual Property Code. Any extraction or reuse, in whole or in part, of said databases and their content is therefore prohibited without the express prior authorization of the Firm.

Only use in accordance with the intended purpose of the Site is authorized.

Any other use, not expressly authorized in writing and in advance by the Firm, is prohibited and constitutes infringement.

B. Third-Party Intellectual Property

Elements belonging to third parties, such as film extracts, trademarks, logos, images, texts and sounds, without this list being exhaustive, are the exclusive property of their author and are protected as such by copyright, trademark law or any other right recognized by the laws in force.

The Internet User shall refrain from infringing, directly or indirectly, the property rights of third parties whose content is present on the Site, and shall refrain from exploiting these elements in any way whatsoever.

The Internet User undertakes to respect all the rights of third parties whose content is present on the Site.

12. Force Majeure

Neither Party shall be liable for any failure to perform its obligations under these GTCU when such failure is due to a case of force majeure as defined by Article 1218 of the French Civil Code and applicable case law.

The following are notably considered cases of force majeure, without this list being exhaustive: widespread Internet network failures, power outages, large-scale cyberattacks, natural disasters, acts of terrorism, decisions of public authorities making the performance of obligations impossible, as well as any pandemic or epidemic.

13. Amendment of the GTCU

The Firm reserves the right to amend these GTCU at any time. The applicable GTCU are those in force on the date the Internet User connects to and uses the Site.

The Internet User is invited to consult the GTCU regularly to be aware of any amendments.

14. Tolerance

The Internet User agrees that the fact that the Firm tolerates a situation does not have the effect of granting the Internet User any acquired rights.

Furthermore, such tolerance cannot be interpreted as a waiver of the right to assert the rights in question.

15. Headings

In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the top of the clauses and any of the clauses, the headings shall be declared non-existent.

16. Invalidity

If one or more provisions of these GTCU are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall retain their full force and scope.

17. Notification Address

For the performance of these GTCU and unless otherwise specified, the Internet User agrees to address all correspondence to the postal address of the Firm appearing at the top of these GTCU.

18. Disputes

Given the global dimension of the Internet network, the Internet User is informed that he or she must comply with all rules applicable in the country in which he or she resides.

These GTCU are governed by French law.

In the event of a dispute concerning the interpretation, validity or consequences of these GTCU, and in the absence of a prior amicable solution, the courts of Paris shall have sole jurisdiction, subject to any mandatory provisions to the contrary.

This applies to both substantive and procedural rules, regardless of the place of performance of the substantive or ancillary obligations.

19. Questions? Issues? Suggestions?

For any questions relating to these GTCU, the Privacy Policy or the Site, or to report any breach hereof, please contact the Firm:

 

III. Governing Law and Jurisdiction (Legal Notice)

This Legal Notice is governed by French law. Any dispute relating to its interpretation or performance shall fall within the exclusive jurisdiction of the courts of Paris, subject to any mandatory provisions to the contrary.

Allan Attali I Avocat à la Cour I Paris & New York
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