Terms of use

Welcome to swood.eficad.com (hereinafter “the Site”), a service provided by Enseignement et Formation Informatique Computer Assisted Drawing, a French SARL company with its principal place of business at 55 avenue de Melgueil, 34280 La Grande Motte, France, registered under number 950 408 765 RCS MONTPELLIER, and its affiliates (hereinafter “EFICAD“, “We”, “Our” or “Us”).

1. COPYRIGHT NOTICE

Copyright 2020 EFICAD, All Right Reserved

Subject to the express provisions of these terms and conditions:

  • We, together with Our licensors, own and control all the copyright and other intellectual property rights in the Site and the material on the Site; and
  • all the copyright and other intellectual property rights in Our website and the material on the Site are reserved.

2. PERMISSION TO USE THE SITE

You may:

  • view pages from the Site in a web browser
  • download pages from the Site for caching in a web browser
  • print pages from the Site for your own personal and non-commercial use
  • stream video files from the Site; and
  • use the Site services by means of a web browser,

subject to the other provisions of these Terms of Use.

You may only use the Site for your own personal and business purposes; you must not use the Site for any other purposes.

Except as expressly permitted by these Terms of Use, you must not edit or otherwise modify any material on the Site.

Unless you own or control the relevant rights in the material, you must not:

  • republish material from the Site (including republication on another website);
  • sell, rent or sub-license material from the Site;
  • show any material from the Site in public;
  • exploit material from the Site for a commercial purpose; or
  • redistribute material from the Site.

We reserve the right to suspend or restrict access to the Site, to areas of the Site and/or to functionality upon the Site. We may, for example, suspend access to the Site during server maintenance or when We update the Site. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Site.

Any software that may be downloaded from the Site is licensed subject to the terms of the applicable license agreement. Except for rights granted pursuant to such license agreement, We and Our licensors reserve all intellectual property rights, title, and interest in such software.

3. MISUSE OF THE SITE

You must not:

  • use the Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability, accessibility, integrity or security of the Site;
  • use the Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • hack or otherwise tamper with the Site;
  • scan or test the vulnerability of the Site without Our permission;
  • circumvent any authentication or security systems or processes on or relating to the Site;
  • use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • use data collected from the Site for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing; or
  • do anything that interferes with the normal use of the Site.

You must ensure that all the information you supply to Us through the Site, or in relation to the Site, is true, accurate, current, complete and non-misleading. By visiting the Site, by providing Us with information, by using the services offered by the Site, you agree to be bound by the following Terms of Use.

If you do not agree with any of these terms, then please do not use the Site.

4. REGISTRATION – ACCOUNTS – PASSWORD

In order to fully use the Site, you shall register for a free of charge account with the Site by completing and submitting the account registration form.

In consideration of your registration to the Site, you represent that you are at least 18 years of age, that you have the legal right to accept these Terms of Use, including the right to do so on behalf of your organization if you use the Site for professional purposes, and are not barred from receiving products and services under the laws of any applicable jurisdiction.

If you register for an account with the Site, you will be prompted to provide certain information and to create an account name and password.

Our Privacy Policy, available here will govern the use of your personal data.

You are fully responsible for maintaining the confidentiality of your password and account for all activities that occur under your password or account.

You must notify Us in writing immediately if you become aware of any unauthorized use of your account.

You must not allow any other person to use your account to access the Site.

We may:

  • suspend your account;
  • cancel your account; and/or
  • edit your account details,

at any time in Our sole discretion with or without notice to you.

5. OUR RIGHTS TO USE YOUR CONTENT

In these Terms of Use, “your content” means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to Us or the Site for storage or publication on, processing by, or transmission via, the Site.

By posting your content to the Site, you grant Us a worldwide, royalty-free, sub-licensable, transferable and non-exclusive license to use, copy, reproduce, store, distribute, modify, translate, publish, adapt to Our standards and publicly display the content in connection with the promotion of Our products and services , for the duration of the legal protection of the intellectual property rights.

6. RULES ABOUT YOUR CONTENT

You warrant and represent that your content will comply with these Terms of Use.

Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person under any applicable law.

Your content, and the use of your content by Us in accordance with these Terms of Use, must not:

  • be offensive, inappropriate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, maliciously false, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to all applicable laws and regulations;
  • infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
  • infringe any right of confidence, right of privacy or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.

7. LINKS TO THIRD-PARTY WEBSITES

The Sites may contain links to external sites that are not operated by Us. We have no control over, and assume no responsibility for the content, privacy policies, products, services or practices available at such third-party websites. We are not responsible for the content of any site that may be linked to the Site.

8. LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these Terms of Use will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these Terms of Use govern all liabilities arising under these Terms of Use or relating to the subject matter of these Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms of Use.

We will not be liable to you in respect of any losses arising out of any event or events beyond Our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that We have an interest in limiting the personal liability of Our officers and employees and, having regard to that interest, you acknowledge that We are a limited liability entity; you agree that you will not bring any claim personally against Our officers or employees in respect of any losses you suffer in connection with the Site or these Terms of Use (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of Our officers and employees).

9. BREACHES OF THESE TERMS OF USE

Without prejudice to Our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if We reasonably suspect that you have breached these Terms of Use in any way, We may:

  • send you one or more formal warnings;
  • temporarily suspend your access to the Site;
  • permanently prohibit you from accessing the Site;
  • block computers using your IP address from accessing the Site;
  • commence legal action against you, whether for breach of contract or otherwise; and/or
  • suspend or delete your account on the Site.

10. ASSIGNMENT

You hereby agree that We may assign, transfer, sub-contract or otherwise deal with Our rights and/or obligations under these Terms of Use.

You may not without Our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Use.

11. SEVERABILITY

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12. ENTIRE AGREEMENT

Subject to Section 8, these Terms of Use, together with Our Privacy Policy, shall constitute the entire agreement between you and Us in relation to your use of the Site and shall supersede all previous agreements between you and Us in relation to your use of the Site.

13. LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with French law. Any disputes arising out of or in connection with the use of the Site or the Services shall be subject to the exclusive jurisdiction of the competent Courts of France.

14. VARIATION

This Terms of Use were last updated on December 12, 2019. However, We reserve the right to change or update this Terms of Use at its sole discretion and without notice. The most up-to-date version can be found on the Site.