This website http://www.atr-aircraft.com/ (the “Site”) is owned and operated by Avions de Transport Régional GIE, a “Groupement d’Intérêt Economique” organized and existing under the laws of France, having its registered office at 1, Allée Pierre Nadot, 31712, Blagnac Cedex (France) and registered with the Trade and Companies Registry of Toulouse (France) under n°323 932 236.
This Legal Notice set forth the legally binding terms and conditions governing the User’s access and use of the Site and its content. This Legal Notice may be amended at any time by ATR, at its sole discretion and without prior notice. The User should read this Legal Notice before using the Site.
By having access to or by using the Site, the User automatically agrees to be bound by the provisions of the Legal Notice in force at the time of its access for as long as the User is visiting the Site. The User agrees that such acceptance have the same legal value as a written express acceptance.
This Legal Notice does not alter nor modify any other agreement the User may have with ATR or any of its Affiliate.
Capitalised terms, singular or plural, used in the Legal Notice shall have the meaning set out below:
“ATR” – means Avions de Transport Régional GIE, a “Groupement d’Intérêt Economique” organized and existing under the laws of France, having its registered office at 1, Allée Pierre Nadot, 31712, Blagnac Cedex (France) and registered with the Trade and Companies Registry of Toulouse (France) under n°323 932 236 and any and all of its Affiliates.
“Affiliate” – means with respect to any entity, any entity controlled by, controlling or under common control with ATR, and/or their respective lawful successors and/or assigns.
A company is deemed to control another company:
- when it directly or indirectly holds a fraction of the capital that gives it a majority of the voting rights at that company’s general meetings;
- when it alone holds a majority of the voting rights in that company by virtue of an agreement entered into with other partners or shareholders and this is not contrary to the company’s interests;
- when it effectively determines the decisions taken at that company’s general meetings through the voting rights it holds;
- when it is a partner in, or shareholder of, that company and has the power to appoint or dismiss the majority of the members of that company’s administrative, management or supervisory structures.
- It is presumed to exercise such control when it directly or indirectly holds a fraction of the voting rights above 40% and no other partner or shareholder directly or indirectly holds a fraction larger than its own.
- For the purposes of this definition, two or more companies acting jointly are deemed to jointly control another company when they effectively determine the decisions taken at its general meetings.
“Information” – means any content published by ATR on the Site whether owned by ATR or third parties, including but not limited to texts, pictures, videos, IP Rights, documents, icons, graphics and any other content available on any medium.
“IP Rights” – means any intellectual and industrial property rights including but not limited to invention, reports, know-how, database rights, rights of confidentiality, models, test results, manufacturing processes, specifications, patents, patent information, patent applications, utility models, copyrights including computer software (in source and object code format), rights in technical information, author’ rights, domain names, drawings, logos, trademarks, aircraft profiles, plans, any sort of data, technical notes, ATR prototypes, processes, methods, algorithms, any technical-related documentation, registered designs and other design rights, worldwide.
“Legal Notice” – means this legal notice and the Privacy Notice mentioned in Article 11 “Personal Data” and ATR’s Cookies Policy mentioned in Article 12 “Cookies”.
“Personal Data” – means any information relating to an identifiable natural person including:
– Biographical information or current living situation of the identifiable natural person, including dates of birth, social security numbers, phone numbers and email addresses;
– Looks, appearance and behaviour of the identifiable natural person, including eye colour, weight and character traits;
– Workplace data and information about education of the identifiable natural person, including salary, tax information and student numbers;
– Private and subjective data of the identifiable natural person, including religion, political opinions and geo-tracking data; and
– Health, sickness and genetics data and information of the identifiable natural person, including medical history, genetic data and information about sick leave.
“Site” – means the website http://www.atr-aircraft.com/
“User” – means any person visiting the Site.
2. PURPOSE OF THE SITE
The Site is intended solely for presenting the activities of ATR, and providing general information on ATR and its products. The Site is for information purposes only.
3. ACCESS AND USE OF THE SITE AND ITS INFORMATION
The access to the Site and the use of the Information are at User’s own risks. Conditions of use of the Information are defined in Article 5 “Intellectual Property”.
The User agrees to use the Site according to this Legal Notice and shall not misuse the Site, for instance, by interfering with it or accessing to it using a method other than the interface and instructions provided by ATR.
In addition, it is expressly prohibited to:
- access, tamper with, or use non-public areas of the Site, ATR’s computer systems, or the technical delivery systems of ATR’s providers;
- to perform any manipulation likely to cause computer faults affecting the Site or the server hosting the Site;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Site by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by ATR (and only pursuant to this Legal Notice);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Personal Data and/or Information in such a manner as to interfere with or create an undue burden on the Site;
- to transmit, in particular via the “contact us” form, any data, file or document that could adversely affect the proper functioning of the Site or the server hosting the Site;
- to disassemble, reverse engineer, transform or decompile in any way the object code of the Site into source code or access it;
- to modify, reproduce, represent, adapt and/or translate all or part of the Site and the Information or publish illegal content on the Site;
- to extract, all or any part of the Site and/or the Information, or create a derivated work from all or part of the Site and/or the Information ;
- extract, by permanent or temporary transfer, or re-use all or part of the content of the Site to another medium, by any means and in any form;
- distribute, sublicense, assign, share, sell, rent, lease or loan in any way the Site or the right to use the Site;
delete or modify any “droit d’auteur”, copyright, trademark or any other proprietary rights relating to the Site owned by ATR or a third party.
ATR also reserves the right to access, grant access, read, preserve, and disclose any Personal Data and any other information of the User as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Legal Notice, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, reputation or safety of ATR, its User and the public. ATR does not disclose personally-identifying information to third parties.
The User recognizes that it will be able to use the Site only if its device has an Internet connection. Traffic or access fees charged to the User due to the use of the Site are at User’s own cost and subject to the general terms concluded with its Internet service provider or mobile network operator. The User understand the risks associated with the use of Internet and of the Site, including without limitation, unavailability of the Site, non-confidentiality or loss of integrity of the data transmitted, potential virus attacks.
Without prejudice to ATR’s rights and remedies, ATR reserves the right to suspend temporarily or permanently User’s access to the Site, at any time, without any liability to the User and without notice, with or without cause, including but not limited to in the event the User violates any provision herein or if ATR considers that User’s use of the Site is unlawful and/or unauthorized, and/or violates this Legal Notice.
In case of any breach of the above prohibitions, or if ATR considers that User’s use of the Site is unlawful and/or unauthorized, and/or violates this Legal Notice, ATR reserves the right to undertake any procedure ATR deems necessary and to take any civil or criminal proceedings.
The Legal Notice shall enter into force on the date of each User’s visit of the Site and applies as long as the User uses the Site, unless suspended by ATR as provided in Article 3.
5. INTELLECTUAL PROPERTY
ATR is the sole owner of the Site, of the Information (excluding Personal Data), and of any right attached to them. ATR has also the property of the domain name “atraircraft.com”. Access or use of the Site and of the Information does not grant any right on the Site and the Information to the Users.
All the Information and documents contained on the Site, including but not limited to IP Rights, are the exclusive property of ATR or of third parties, subject to an authorization of use of their respective owners, and are governed by French or foreign intellectual property laws, as applicable.
All rights of the authors of protected works reproduced and communicated on this Site are reserved.
The reproduction of any articles or reports available on the Site is submitted to a prior written authorisation and should include the mention « ©ATR GIE » or third party rights, as applicable.
The User shall not:
- Amend, alter, distort, trim, merge or otherwise modify in whole or in part the Information;
- Publish, post, broadcast or otherwise circulate all or part of the Information on any computer network or on any other media whatsoever, without the prior written consent of ATR;
- Sell, rent, license or otherwise transfer all or part of the Information to any third party, without the prior written consent of ATR.
Any copy, download, reproduction, representation, sale, modification, computer loading, denaturation, transmission or partial or complete distribution, or further distribution of an Information appearing on the Site including but not limited to posting, emailing, faxing, archiving in a data base, redistributing via computer network or to a printed form made without ATR’s prior written consent, is strictly prohibited and constitutes an offense of counterfeiting. Any offender will expose itself to legal proceedings.
Each User is the sole owner of its Personal Data and of any communication that the User transmits to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like submitted through the Site, except for the Information and third party content included in such communication.
6. THIRD PARTY CONTENT
The Site may contain third party content.
In addition to Articles 7 “Disclaimer” and 8 “Limitation of Liability”, third parties content is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by ATR.
ATR, its Affiliates, and their respective, employees, agents, directors, officers and shareholders do not have or assume no duty to monitor ATR’s Site for appropriate or lawful content.
7.1 THIS SITE WAS CREATED TO PROVIDE INFORMATION ON ATR AND ITS PRODUCTS. STATEMENTS MADE ON THE SITE DO NOT CONSTITUTE AN OFFER.
7.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCESS TO OR USE OF THE SITE AND REGARDING THE INFORMATION AND THEIR CORRECTNESS, ACCURACY, RELIABILITY, FITNESS, TIMELINESS, UP-TO-DATEDNESS, QUALITY, FINANCIAL STATUS, AUTHENTICITY, SUITABILITY, LEGALITY OR OTHERWISE AND REGARDING ANY INFORMATION OR DOCUMENTS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE AND FROM ANY OTHER WEBSITES TO WHICH THE SITE IS LINKED.
7.3 ATR RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENTS TO, OR CORRECT ANY ERROR OR OMISSIONS OF ANY INFORMATION CONTAINED ON THE SITE.
7.4 access to and use of the Site and the Information are at Users’ own risk and cost. The User acknowledges and agrees that the Site and the Information are provided on an “AS IS” and “AS AVAILABLE” basis.
8. LIMITATION OF LIABILITY
8.1 ATR SHALL HAVE NO LIABILITY FOR ANY INTERRUPTION, SUSPENSION, MODIFICATION WITHOUT PRIOR NOTICE, OF THE SITE AND THE INFORMATION. EACH USER HEREBY WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF ATR AND RIGHTS, CLAIMS AND REMEDIES OF THE USER AGAINST ATR, EXPRESS OR IMPLIED HOWSOEVER, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO, AND ATR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE INFORMATION PROVIDED, THE SITE AND THE INFORMATION, INCLUDING BUT NOT LIMITED TO (I) ANY WARRANTY AGAINST HIDDEN DEFECTS (GARANTIE DES VICES CACHES); (II) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS; (III) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (IV) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER OR NOT CONTRACTUAL AND WHETHER OR NOT ARISING FROM ATR’S NEGLIGENCE, ACTUAL OR IMPUTED; AND (V) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE DUE TO THE ACCESS AND USE OF THE SITE AND THE INFORMATION.
8.2 UNDER NO CIRCUMSTANCES SHALL ATR BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR ANY LOSS OF PROFITS OR REVENUES OR ANY LOSS OF DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (I) ACCESS, USE OR UNAVAILABILITY OF THE SITE OR ANY OTHER WEBSITES TO WHICH THE SITE IS LINKED, OR (II) THE MATERIALS CONTAINED IN IT OR ACCESSED THROUGH IT, OR (III) INFORMATION, DETERIORATION OR INFECTION BY VIRUSES EVEN IF ATR HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (IV) ANY CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES; (V) ANY CONTENT OBTAINED FROM THE SITE, OR (VI) UNAUTHORIZED ACCESS, USE OR ALTERATION OF INFORMATION.
8.3 In no event shall ATR be liable for infringement of patents or any industrial or intellectual or other similar proprietary rights under this Legal Notice.
9. FORCE MAJEURE
ATR shall not be responsible for any delay, dysfunction, interruption, suspension or modification of the Site and the Information and more generally of any of its obligations hereunder, due to any event which is beyond ATR’s control as defined in Article 1218 of the French Civil Code, and also due to the following events (which are not limited to): (i) acts of God or the public enemy, natural disasters, fires, floods, explosions or earthquakes, serious accidents, total or constructive total loss; (ii) war, riots, failure of transportation, strikes or labour troubles causing cessation, slowdown or interruption of work; (iii) virus, malware (ransomware, spyware, …), hacking, spam, intrusion, phishing, spoofing, denial of service attack or any other cyberattack, device or method known or future; (iv) any law, decision, regulation, directive or other act of any government or of the European Commission authorities or of any department, commission, board, bureau, agency, court; (v) any regulation or order affecting the access and use of the Site and the Information.
The Users shall, except in the case of wilful misconduct and/or gross negligence of ATR, be solely liable for and shall indemnify and hold harmless ATR, from and against all liabilities, claims, damages, costs and expenses incident thereto or incident to successfully establishing the right to indemnification (including legal expenses and attorney fees) (i) for injury to or death of any person and/or (ii) for loss of and/or damage to any property, arising out of, caused by or in any way connected with the access to and/or use of the Site and the Information and/or any incorrectness, mistake, omission or meaning of the Personal Data provided through the Site.
11. PERSONAL DATA
ATR undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as of 25 May 2018 (“European Data Protection Regulation”). Information relating to the European Data Protection Regulation is set out in the Privacy Notice available on the Site. If the User have any further questions, please contact ATR’s data protection representative: firstname.lastname@example.org.
The host of the Site is WP Engine a company registered at Irongate House, 22-30 Duke’s Place London, EC3A 7LP United Kingdom.
The developer of the Site is The Web Kitchen (https://www.thewebkitchen.co.uk/) a private company registered in England and Wales with its registered office address at 1 Devonshire Street London W1W 5DS, registered under the number n°06173536.
14. EXPORT CONTROL
ATR is committed to comply with all applicable import and export laws and regulations (“Export Regulations”), including those of the U.S. and E.U. By accessing, or downloading Information from the Site, the User agrees that the content of the Site cannot be used, transferred, exported, re-exported, accessed, or downloaded in violation of such Export Regulations. In no event will ATR be held liable for the misuse of the Information hereby made available.
ATR may make available links to other websites in order to facilitate access to additional information. ATR has no editorial or administration control over these sites.
In no event shall ATR be held liable for the content of these other websites. ATR does not have any means of controlling the content of these third-party sites. In any case, ATR is not responsible for the unavailability of sites, their content, advertising or other items available on third party sites as defined in Article 7 “Disclaimer”.
External sites may contain hypertext links pointing to the Site. ATR reserves the right to oppose to the creation of these links which may only be installed after the prior written agreement of ATR.
This Legal Notice forms the entire agreement between the User and ATR with respect to the subject matter hereof, and supersedes the terms of any other communications or advertising with respect to the Site. This Legal Notice shall coexist with, and shall not supersede, ATR Privacy Notice and ATR Cookies Policy.
If any provision of this Legal Notice is found to be unlawful, unenforceable or invalid, that provision will be replaced or modified to the minimum extent necessary so that this Legal Notice will remain in full force and effect and enforceable.
Failure by any party to exercise or enforce any right or provision of this Legal Notice shall not constitute a waiver of such right or provision.
Nothing herein shall be construed as granting, directly or indirectly, any rights to any third parties, and third parties are not allowed to enforce any of the provisions herein against ATR.
17. GOVERNING LAW AND JURISDICTION
This Legal Notice shall be governed by, subject to and construed in accordance with the laws of France.
The Parties shall attempt to settle the dispute amicably within one (1) month after receipt of the notice of dispute. If the Parties fail to settle the dispute amicably within such one (1) month, then any dispute arising out of this Legal Notice shall be submitted to the exclusive jurisdiction of the courts of Paris, France.
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