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Lobster General Terms of Use of the Website

Last revised 27/11/2023

Purpose of the Terms of Use

The purpose of the present Terms of Use (hereinafter the "TOU") is to define the conditions of use of the website accessible to the public at the following url address : www.lobster-protocol.com (hereinafter the "Website") of the company TLM SOLUTIONS, a French société par actions simplifiée, having its registered office at 6, rue des Bateliers, 92110 Clichy (France), and registered at the Trade and Companies Register of Nanterre under number 918 119 793 (hereinafter the "Company").

The purpose of this Website is to:
- provide users (hereinafter the "Users") with information about the Company's activities and services, as well as news (events, publications, etc.);
- offer functionalities and/or information enabling users to contact the Company and present the services offered by the Company, the projects carried out by the latter and those to come, or the team working on these projects;

The Company also administers pages presenting its activity and enabling it to publish content on social networks and interact with Internet users (notably on LinkedIn, YouTube, X (ex-Twitter), etc.).

Scope of application

These TOU apply, without restriction or reservation, to the use of the Website made available to Users. The Use of the Website implies full acceptance of the TOU, which are accessible at all times on the Website and will prevail, if necessary, over any other version or any other contradictory document.

These TOU may be modified at any time to take account of technological developments and User expectations. Users of the Website are therefore invited to consult them on a regular basis.

Information on the Website

The information contained on the Website has no contractual value and is provided for information purposes only. The Company reserves the right to modify its characteristics at any time and without prior notice. In any event, this information should not be construed as investment advice, a solicitation or an offer to buy or sell any product or service.

The services and products presented on the Website may be subject to restrictions in certain countries or with regard to certain persons. However, all Users of the Website must check beforehand with their usual advisers, if any, that they are entitled to subscribe to the services and products presented in view of their tax and legal status.

In order to use and visit the Website, the User formally accepts the present TOU.

Parties' obligation

The Company is bound by the terms and conditions stipulated in these TOU. The Company provides the User with the Website, including access to the Website, and is therefore subject to an obligation of means. As such, the Company strives to maintain accessibility to the Website.

The User has ensured that the Website and the services presented are suited to his/her needs, that they correspond to his/her expectations and that he/she has the technical and financial skills and knowledge, as well as the necessary IT environment, to use the Website correctly.

The User is bound by the terms and conditions of these TOU. The User is solely responsible for his/her use of the Website.

The User is obliged to use the Website in accordance with the applicable legal and regulatory provisions and may not use the Website for illicit or illegal purposes, nor for purposes other than those for which the Website is made available to the User.

In the event of non-compliance with these TOU by the User, the Company reserves the right to temporarily or permanently suspend access to the Website.

Liability

The information provided on the Website is given for information purposes only and without guarantee of any kind, as errors and omissions may occur. The Company shall not be held liable for any errors or omissions. This information, such as price indications, for example, may be modified or updated without notice.

Similarly, the Company cannot be held liable for external hypertext links set up within the framework of this Website, nor for the content of third-party sites to which they point.

THE USER USES THE WEBSITE AT HIS OR HER OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE CONTENT OR USE OF THIS WEBSITE AND/OR ANY OF THE SITES LINKED TO IT (INCLUDING BUT NOT LIMITED TO ACCESS OR INABILITY TO ACCESS ANY OF THESE SITES), INCLUDING BUT NOT LIMITED TO ANY OPERATING, FINANCIAL OR COMMERCIAL LOSS, LOSS OF PROGRAMS AND/OR DATA, PARTICULARLY IN THE INFORMATION SYSTEM OF THE USER OF THE WEBSITE.

Personal data protection

The Company undertakes to ensure the security of any personal data it may process and store.

The processing of information communicated via the Website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.

In accordance with current national and European regulations, the User has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.

For more information, please consult the Company’s data policy, which can be consulted by clicking on the following link: www.lobster-protocol.com/privacy-policy

Intellectual property

The general structure of the Website, the templates and skeletons used on the Website, as well as the information, pictograms, photographs, images, texts and other documents making up or accessible on the Website, are subject to the laws protecting intellectual property, as the Company owns them or has the corresponding operating rights for the purposes of this Website.

In this respect, any reproduction, representation, adaptation, translation and/or transformation, in whole or in part, of the Website or of one or more of its components, by any process whatsoever, without the prior written authorization of the Company, is prohibited, and would constitute an infringement punishable in particular by articles L.335-2 et seq. of the French Intellectual Property Code.

Partial nullity

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.

Identification - Contact

Contact information for the Company is as follows:
- Company’s name: TLM SOLUTIONS,
- Registration number: 918 119 793 (Trade and Companies Register of Nanterre),
- Registered office: 6, rue des Bateliers, 92110 Clichy,
- Legal representative: Mr. Alexis MAILLEY (Président),
- Jurisdiction: France,
- Email contact: contact@lobster-protocol.com

Applicable Law

THIS WEBSITE IS GOVERNED BY FRENCH LAW. THE CONTENTS OFFERED ARE THEREFORE IN COMPLIANCE WITH CURRENT FRENCH LEGISLATION. THE WEBSITE EDITOR SHALL NOT BE HELD LIABLE IN THE EVENT OF NON-COMPLIANCE WITH THE LEGISLATION OF THE COUNTRY OF CONNECTION.

THESE TOU AND THE RELATIONSHIP BETWEEN THE COMPANY AND THE USER SHALL ALSO BE GOVERNED BY FRENCH LAW. THIS APPLIES TO BOTH SUBSTANTIVE AND FORMAL RULES, NOTWITHSTANDING THE PLACE OF PERFORMANCE OF SUBSTANTIAL OR ACCESSORY OBLIGATIONS.

Jurisdiction

IN THE EVENT OF ANY DISPUTE AS TO THE INTERPRETATION OR EXECUTION OF THESE TOU, THE PARTIES WILL USE THEIR BEST EFFORTS TO FIND AN AMICABLE SOLUTION.

IN THE ABSENCE OF AMICABLE RESOLUTION, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE ARISING FROM THE APPLICATION OF THESE TOU OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE WEBSITE. THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF ANY DISPUTES IS FRENCH.

THESE PROVISIONS RELATING TO APPLICABLE LAW AND JURISDICTION ARE SUBJECT TO ANY MANDATORY PROVISIONS THAT MAY APPLY TO THE USER AS A CONSUMER WITHIN THE MEANING OF THE CONSUMER CODE.

BY WAY OF EXCEPTION, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN THE COMPANY AND A COMMERCIAL USER WITHIN THE MEANING OF ARTICLE L121-1 OF THE FRENCH COMMERCIAL CODE, THE DISPUTE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR FOR PROTECTIVE PROCEDURES, WHETHER IN CHAMBERS OR BY PETITION.