General Terms and Conditions of Use ("GTCU")
Article 1. Application
The GCU apply to the use of the platform accessible at the following address Octopia.com (hereinafter the "Platform").
By using the Platform, the person accessing the Platform (hereinafter the "User") shall be deemed to have accepted these GTC.
Octopia reserves the right to modify its TOU at any time. Therefore, the User should regularly consult the TOU to be informed of any changes made.
Article 2. Obligations of the User
In general, the User undertakes not to make any other use of the Platform than that defined in the GCU and which would in particular have the effect of harming the interests of Octopia in any way whatsoever.
The User undertakes not to engage, directly or indirectly, in fraudulent, illicit, inappropriate or illegal activities in the context of the use of the Platform, such activities including in particular
- interfering (whether by means of a device, software, program or otherwise) with the proper functioning of the Platform,
- attempting (whether or not by means of a device, software or program) to circumvent any mechanism implemented by the Platform to detect or prevent the conduct of such activities
- analysis, extraction or modification of the Platform,
- testing the vulnerability of the Platform.
The User also undertakes not to distribute, sell or offer to a third party all or part of the Platform.
The User acknowledges that he/she is solely responsible for the proper use of the technical elements of the connection, for any activity carried out from his/her account and therefore solely responsible for any breach of his/her obligations.
Article 3. Intellectual property
3.1. Octopiais and remains the owner and/or beneficiary of a right of use of all intellectual property rights, including literary and artistic property rights, and industrial property rights relating to its tools (including the Platform and its components), software, trademarks, drawings and models, images, texts, photos, videos, logos, graphic charts, software, search engines, databases, methods, know-how and other elements used or made available to the User in the context of the use of the Platform (hereinafter referred to as the "Octopia intellectual property elements").
3.2. The User has a personal, non-transferable, non-transferable, revocable and non-exclusive right to use the Platform worldwide.
3.3. Except as expressly stated in the GTC or with the prior written consent of Octopia, no intellectual property of Octopia may be copied, reproduced, downloaded, published, encoded, translated, transmitted or distributed in any way whatsoever in any other publication or distribution medium, or for any commercial enterprise whatsoever.
The GTC do not imply any assignment or concession of any kind of intellectual property rights relating to all or part of the Octopia intellectual property elements and/or for which Octopia has a right of use.
3.4. Any reproduction or representation, in whole or in part, or any other act of exploitation of one of the intellectual property elements of Octopia, without the express authorisation of Octopia, is prohibited and would constitute an infringement punishable by articles L.335-2 et seq. of the Intellectual Property Code.
Consequently, the User shall refrain from any action that may directly or indirectly infringe the intellectual property rights of Octopia.
The User undertakes not to exceed the authorisation granted to him/her in the context of these terms and conditions, in particular with regard to the obligations of confidentiality of the intellectual property of Octopia.