These legal notices apply to the www.blackup.com website.
1. Presentation of the website
The black|Up website (hereinafter "Site") is published by black|Up a simplified stock company (SAS),with capital of
3 000 000 Euros, registered in the Paris Trades and Companies Register under number B 423 015 494 and whose
registered office is at 16, avenue Pierre 1er de Serbie 75116 Paris - Telephone number: +33(0)1 49 96 47 90. Mr Lionel Durand
is the responsible publisher of the Site in his capacity as Chief Executive Officer of black|Up.
Site hosting is provided by the company Amazon whose registered office is located at Amazon.com, Inc. 1200 12th Ave.
below and imply full acceptance of them. These conditions may be amended or supplemented at any time.
Accordingly, users of the Site are advised to consult them regularly.
2. Amendments and legal information
This site is normally accessible to users at all times. Interruption for technical maintenance may however be decided by
black|Up which will endeavour to communicate beforehand to the users the date and times of the maintenance work.
The site is updated regularly. Similarly, the legal information may be modified at any time: however it is the user’s
responsibility to refer to it as often as possible in order to become aware of it.
3. Description of the services rendered
The Site aims to provide information about all of black|Up's activities and endeavours to provide information that is as
accurate as possible. However, it may not be held responsible for omissions, inaccuracies and deficiencies in the
updated information, whether this results from itself or third party partners who provide such information. All information
contained on the Site is purely illustrative and is subject to change. Furthermore, information contained on the Site is not
exhaustive. It is given subject to changes having been made to it since being made available on-line.
4. Contractual limitations about the technical data
The Website shall not be held responsible for damage arising from the use of the site. In addition, the site user agrees to
access the site using modern hardware that does not contain viruses and is equipped with a recent up-to-date web
5. Intellectual property and infrindgements
black|Up is the owner of the intellectual property rights or has the rights to use all the elements available on the site,
in particular the text, images, graphics, logos, icons, sounds and software. Any reproduction, representation, modification,
publication, adaptation of all or part of elements of the site, whatever the medium or the method used, is prohibited
without the prior written permission of: black|Up. Any unauthorised use of the site or any of the elements that it contains
shall be deemed to constitute an infringement of copyright and the perpetrator(s) shall be prosecuted in accordance
with Articles L.335-2 and following of the Intellectual Property Code.
6. Limitations and liability
black|Up shall not be held liable for direct and indirect damage caused to the user's equipment, when accessing the
black|Up site, and resulting either from the use of equipment not meeting the specifications described in Point 4 or the
appearance of a bug or incompatibility.
Neither shall black|Up be held responsible for consequential damage (such as, for example, loss of market share or loss
of opportunity) arising from use of the Site.
Interactive spaces (the ability to ask questions in the Contact space) are available to users. black|Up reserves the right
to remove, without prior notice, any content posted in this space that may violate the laws applicable in France and in
particular the provisions concerning data protection. Where appropriate, black|Up also reserves the right to invoke the
user's civil and/or criminal liability, particularly in cases of racist, offensive, defamatory, or pornographic posts whatever
the medium used (text, photographs etc.).
7. Management of personal data
In France, personal data are protected, in particular, by Law n° 78-87 of 6 January 1978, Law No. 2004-801 of 6 August
2004, Article L. 226-13 of the Penal Code and the European Directive of 24 October 1995. When using the Site, the URL
of the links through which the user has accessed the Site, the user's internet provider and the user's Internet Protocol
address (IP) may be collected. In all circumstances, black|Up collects personal information about the user only for the
need of certain services offered by the Site. The user provides this information with full knowledge of the facts, especially
when entering this information himself. In this case, it is made clear to the user of the Site whether providing this information
is mandatory or otherwise.
In accordance with the provisions of Articles 38 and following of Law 78-17 of 6 January 1978 relating to electronic data,
files and freedoms, every user has a right to access, rectify and object to the use of his personal data, by making a signed,
written request, accompanied by a signed copy of his identity document, specifying the address to which the reply should
None of the personal information of the user of the Site is published without the knowledge of the user nor exchanged,
transferred, assigned or sold on any media to any third party. Only the possibility of a sale of black|Up and its rights would
allow the transmission of the said information to the prospective purchaser who would in turn be under the same obligation
for storing and modifying data with respect to the user of the Site. The site is not declared to the CNIL as it does not collect
any personal information. The databases are protected by the provisions of the Law of 1 July 1998 transposing Directive 96/9
of 11 March 1996 relating to the legal protection of databases.
8. Hyperlinks and cookies
The Site contains a number of hypertext links to other sites, implemented with black|Up's permission. However, black|Up is
unable to check the content of these sites that may be visited, and accordingly accepts no liability in this respect.
Browsing the Site may cause (a) cookie(s) to be installed on the user's computer. A cookie is a small file, which does not
identify the user, but which records information about a computer's navigation on a site. The resulting data are intended
to facilitate subsequent browsing of the site, and are also used to make various traffic measurements.
Refusing to install a cookie may make access to certain services impossible. However, users may configure their computers
as follows to prevent the installation of cookies:
- In Internet Explorer: tool tab / internet options. Click on Privacy and select Block All Cookies. Confirm by clicking on OK.
- In Netscape: edit tab / preferences. Click on Advanced and select Disable Cookies. Confirm by clicking on OK.
9. Applicable law and jurisdiction
Any dispute in connection with the use of the Site is subject to French law. Exclusive jurisdiction is assigned to the competent
courts of Paris.
10. The main laws concerned
Law No. 78-87 of 6 January 1978, in particular, amended by Law No. 2004-801 of 6 August 2004 relating to electronic data,
files and freedoms.
Law No. 2004-575 of 21 June 2004 concerned with trust in the digital economy.
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