Legal Mention

You have just joined to the Well of History website which is published by BNP Paribas.
17/11/2021

The site “Well of History” (hereinafter the “Site”) is published by the company BNP PARIBAS SA with a capital of 2,294,954,818 € whose registered office is located at 16 Boulevard des Italiens – 75009 PARIS registered in the Paris Trade and Companies Register under number 662 042 449, whose VAT number is FR76662042449 (hereinafter, the “Company”)

Contact details: archivesethistoire@bnpparibas.com

The Site is hosted by BNP Paribas, whose registered office is located at 16 Boulevard des Italiens 75009 Paris.

The legal representative & publication director of the Site is Jean LEMIERRE, Chairman of the Board of Directors of BNP Paribas.

The publication Director is Elise HERMANT, Head of BNP Paribas Group Communications.

The site manager is Marie LAPERDRIX, Head of BNP Paribas Archives and History service.

Definitions:
“The Site” means Well of History;
“Content”: refers to all the information, publications, texts, photos, illustrations, soundtracks and any other content available on the site [whether provided by BNP Paribas or its licensors (hereinafter the “BNP Paribas Content”) or by the User or via his/her Equipment or his/her User account (hereinafter the “User Content”).
“Services”: refers to the content offered by the site, namely: access to archive documents and “audio commentaries”.

ARTICLE 1. PURPOSE AND CONDITIONS OF THE SITE

1.1 PURPOSE
The purpose of this legal notice (hereinafter the “legal notice”) is to govern the conditions of access and use of the site by any user accessing it (hereinafter the “User”).

1.2 CONDITIONS OF APPLICATION

Use of the site is subject to consultation, prior unconditional acceptance of the Legal Notice and full compliance with it by the User. The User undertakes, each time he/she visits the site, to respect the present Legal Notice, which is applicable to all the Services available on the site.

Any condition to the contrary imposed by the User shall remain unenforceable against the Company, regardless of the time at which it may have been brought to the User’s attention or the format in which it was notified or made known.

The Company may modify the Legal Notice at any time and without notice. In the event of modification of the Legal Notice, the Company will indicate on the site the date of the update of the Legal Notice. For all intents and purposes, the Legal Notice may be printed and/or saved and will in any event always remain available on the site in its latest version.

It is the User’s responsibility to check the latest version of the Legal Notice each time he/she connects to the Site.

ARTICLE 2 ACCESS/AVAILABILITY/MAINTENANCE OF THE SITE

2.1 Access to the site

In order to access the Site, the User must be connected to the Internet and the equipment used by the User for this purpose (hereinafter the “Equipment”) must have a minimum configuration.

Access to the Source of History website is free. The costs of access and use of the telecommunication network are charged to the user, according to the terms set by its access providers and telecommunication operators.

Without prejudice to the foregoing, the Equipment shall more generally comply with the standards, in particular security and interoperability standards, in force.

The User is solely responsible for the configuration and operation of his Equipment. The Company shall not be held liable in any way and no compensation or reimbursement shall be due by the Company in the event of failure, difficulty or impossibility of using the site for a reason linked to this Equipment.

2.2 Availability of the Site

The Company endeavours, as far as possible and within the framework of an obligation of means, to ensure a reasonable level of operation and availability of the site. Nevertheless, the operation of the Site may be temporarily interrupted for any reason beyond the Company’s control, including in the event of force majeure, maintenance, updates or technical improvements, or to change its content and/or presentation.

2.3 Maintenance of the site

The Company reserves the right, without prior notice or compensation, to temporarily suspend access to the Site in order to carry out maintenance operations related to its technological developments. The Company will carry out modifications to the existing functions of the Site, in particular its ergonomics, its management and operating rules, as well as any corrections made necessary by legal or regulatory changes.

This type of update may lead to an interruption in the service of the Site, without the Company being held liable in this respect.

The Company may expand, enhance or otherwise modify the Site or portions thereof (collectively, “Updates”) at any time, but BNP Paribas is not obligated to do so. If BNP Paribas provides Updates to the Site, such Updates shall be deemed to be incorporated into the Site and shall be subject to the terms of these TOU, unless BNP Paribas determines otherwise in its sole discretion. Such Updates may include, but are not limited to, the removal of certain features, without liability to BNP Paribas.

The Company offers an online support service for the Site available via the email: archivesethistoire@bnpparibas.com. This support service enables the User to inform BNP Paribas of any malfunctions on the Site. BNP Paribas will do its utmost to rectify any anomaly on the Site (understood as any non-conformity of the Site in relation to its documentation) within a reasonable timeframe. The User will receive assistance during normal office hours depending on the User’s location.

ARTICLE 3. INTELLECTUAL PROPERTY

3.1 The Company’s trademarks, logos, graphics, photographs, animations, videos, scripts and texts published on the Site and the structure itself are the property of the Company or are licensed by third parties. This content is protected by copyright, trademark law and other intellectual property or related rights held by the Company or its licensors, and may not be reproduced, used or represented without the express permission of the Company or its licensors, under penalty of law.

3.2 BNP Paribas grants the User a non-exclusive, non-assignable, non-transferable and non-sublicensable licence to use the Site and to consult the BNP Paribas Content, exclusively for personal use and free of charge, for the entire duration of the subscription to the Services and throughout the world, subject to compliance with the terms of this Legal Notice. No other right is granted on the Site. The provision of the Site shall in no way be analysed as a transfer of ownership to the User. Any other use by the User is prohibited without the prior written authorisation of the Company on a case by case basis.

3.3 The User is not allowed to:

(a) copy or reproduce all or part of the Site, unless such copying or reproduction is related to the normal use of the Site, or is necessary for backup purposes
(b) commercially exploit, download, disseminate, transmit, distribute, rent, lease, loan, sell, license, sublicense, distribute, assign, transfer or otherwise make available to any third party the Site, in whole or in part (including object code and source code), in any form whatsoever
(c) translate, merge, adapt, alter or modify in any way all or part of the Site
(d) integrate the Site, in whole or in part, into another program;
(e) make any changes or modifications to the core functionality or source code of the Site, or otherwise create any derivative work of all or any part of the Site;
(f) disassemble or decompile the Site or any part thereof, or reverse engineer it, except as expressly permitted by applicable law (Article L. 122-6-1 IV of the French Intellectual Property Code).

3.4 The name, logo and any other distinctive sign of BNP Paribas or associated with the site (the “Trademarks”) are trademarks owned or licensed exclusively by BNP Paribas or its licensors. BNP Paribas or its licensors are the sole owners of the property rights that may be attached to the Brands. No right or licence is granted to the User in respect of the Brands.

More generally, the User undertakes not to damage or attempt to damage the site in any way whatsoever and not to use any software or any form of computer program with the aim of reaching or making available protected or not freely available content.

The User may inform the Company by any means of any error, fault, irregularity or malfunction that he/she notices in the use of the Site, as soon as he/she becomes aware of it.


ARTICLE 4. HYPERTEXT LINKS AND THIRD PARTY CONTENT

4.1 Hypertext links from the Site
The hypertext links available on the Site may refer to third-party sites not published by the Company. They are provided solely to facilitate the use of the resources available on the Internet. If the User uses these links, he/she leaves the Site and agrees to use the third-party sites at his/her own risk or, where applicable, in accordance with the conditions governing them.

The Company shall not be held responsible in any way whatsoever for these hypertext links.

The User may not use and/or insert a hypertext link to the Site without the express prior written consent of the Company on a case-by-case basis.

In the event of the Company’s agreement, the User must point to the home page of the Site without duplicating the home page or any other page of the Site and the User undertakes.

  • Not to remove, modify or alter in any way the size or appearance of the Company’s trademarks, logos or other distinctive signs;
  • Not to create a window, frame or any other browser around the Site;
  • Not to imply in any way that the Company endorses or guarantees the products and services available on any third party website/application/platform linking to the Site;
  • Not to mislead any other User or any third party or create confusion as to the User’s relationship with the Company and not to present false, misleading or deceptive information about the Company or its products and services;
  • Not to use the Company’s trademarks, logos or other distinctive signs for the purposes of this hypertext link without the Company’s express prior written consent on a case-by-case basis;
  • Not to insert a link to the Site from a site of which the User is not the publisher; and
  • Not to include on the User’s site any material that is defamatory, offensive, abusive or in breach of applicable press law, that may infringe the rights of third parties (or another User) or otherwise contravene applicable law.

    The Company expressly reserves the right to revoke the authorisation granted, if any, as provided in this article and to take any appropriate action in the event of a breach of this Agreement. The User shall be liable for any direct or indirect damages related to or resulting from such breach.

ARTICLE 5. OBLIGATIONS OF THE USER

The User undertakes not to:
(a) use or permit the use of the Site in an abusive or illicit manner, for illicit, fraudulent or malicious purposes, and in particular, but without limitation: (i) hacking the Site or introducing malicious code, including viruses, or harmful data into the Site or any operating system; (ii) using a spider or any other system, device or program (automated or otherwise) to retrieve data or information from the Site or BNP Paribas servers; (iii) sending or storing material that contains viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfering with or impairing the integrity or performance of the Site and the data contained therein; (v) attempting to gain unauthorised access to the Site or its associated systems or networks; (vi) attempting to gain unauthorised access to other Users’ accounts or personal information;
(b) use the Site in conditions other than those provided for in this Legal Notice (in particular in article 3 above) or in conditions that infringe the intellectual property rights or reputation of BNP Paribas;
(c) use the Site in a manner that could damage, disable, overburden, interfere with or compromise the operation or security of the Site and the Company’s infrastructure.

ARTICLE 6. USER’S LIABILITY

6.1 The User acknowledges that he/she is solely responsible for his/her use of the Site (including the Services and/or the BNP Paribas Content) and the consequences of such use.

6.2 The User is solely responsible for all activities undertaken via the Site from his/her Equipment(s). In this respect, the User must ensure that access to his/her Equipment is secure. BNP Paribas shall not be held liable for any fraudulent use of the Site by an unauthorised third party via an Equipment.

6.3 The User indemnifies BNP Paribas (including its directors, officers, employees and affiliates) against any action or claim brought against it by any third party arising out of or in connection with (i) its use of the Site or the use of the Site by any third party via its Equipment, or (iii) any other breach of its warranties and obligations hereunder, in any jurisdiction or authority whatsoever, whether in France or abroad. The User shall bear all costs and damages incurred by BNP Paribas as a result of any such claim or action brought against him/her (including legal and defence costs), without prejudice to any compensation that BNP Paribas may claim elsewhere.
The User shall not attempt or propose to settle any claim or action concerning the Site without the prior written authorisation of BNP Paribas.

ARTICLE 7. PERSONAL DATA AND COOKIES

7.1 Personal data

In order to allow the proper functioning of Histoire.bnpparibas website, BNP Paribas is likely to collect personal data concerning the User and as such implements data processing for which BNP Paribas is responsible (to find out more, click on Histoire.bnpparibas website Data Protection Policy available at the address : Data Protection Notice – BNP Paribas (histoire.bnpparibas).

7.2 Cookies

When browsing the Site, cookies may be deposited on the User’s equipment, subject to the choices that the User has expressed and that the User may modify at any time.

To find out more about cookies and their impact, the Archives & History department of BNP Paribas invites the User to consult its policy on cookies, which is available at the following address: Cookie policy – BNP Paribas (histoire.bnpparibas).

ARTICLE 8. APPLICABLE LAW / JURISDICTION

These General Conditions are governed, interpreted and applied in accordance with French law.

IN THE ABSENCE OF AMICABLE RESOLUTION, ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, EXECUTION OR NON-EXECUTION OF THESE GENERAL TERMS AND CONDITIONS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE JURISDICTION OF THE COURT OF APPEAL OF PARIS OR OF THE USER’S PLACE OF RESIDENCE, UNLESS OTHERWISE PROVIDED FOR BY APPLICABLE LAW.

ARTICLE 9. GENERAL CLAUSES

Abuse reporting policy. If the User has a complaint about any Content, he/she should contact archivesethistoire@bnpparibas.com. BNP Paribas reserves the right to remove such Content without notice.
Non-waiver. BNP Paribas’s failure to insist at any time on full performance of any provision hereof shall not affect BNP Paribas’s right to rely thereon at a later date.
Partial invalidity. If any of the provisions of this Legal Notice are found to be invalid, pursuant to a rule of law in force or a court decision that has become final, they shall be deemed not to have been written, without this invalidating the Legal Notice or altering the validity of its other provisions.

Contact. Any clarification relating to the application of these terms and conditions or any claim relating to the Site must be sent :

  • by e-mail to the following address: archivesethistoire@bnpparibas.com ;
  • by post to the following address :
    BNP Paribas – Archives & Histoire
    35, rue la Gare
    Code ACI : CVA06A3
    75019 Paris