11. Liability and guarantee of the Manager
11.1 The Manager agrees to provide the Services with diligence and in compliance with trade
practice, specifying that it has an obligation to provide due care, but this without any
obligation of result, and this is expressly acknowledged and agreed by Users.
11.2 The Manager has no knowledge of Content posted online by Users within the context of
the Services, and shall not moderate, select, check or monitor in any way this Content,
with regard to which the Manager only intervenes within the role of hosting provider.
Consequently, the Manager cannot be held liable for Content whose authors are third
parties, and any potential claims should be made firstly to the author of the Content in
question.
Any Content that causes prejudice to a third party can however be the subject of a
complaint to the Manager within the conditions defined in Article 6 I 5 of the French law
No. 2004-575 on confidence in the digital economy of 21
st
June 2004, the Manager
reserving the right to take the measures set forth in these General Terms and Conditions.
11.3 the Manager assumes no responsibility in the event that any information from the
Personal Space of a User is lost. Users should keep a backup copy and shall not be able to
claim for any damages caused by any loss of this information.
11.4 The manager agrees to regularly check that the Website is operational and can be
accessed. To this end, the Manager reserves the right to interrupt access to the Website
momentarily for maintenance purposes. In the same way, the Manager shall not be held
liable if the Website is ever momentarily difficult (or impossible) to access, the causes of
these circumstances being outside the Manager’s control, force majeure, or due to any
disruption in the telecommunications network.
11.5 the Manager does not guarantee to Users (i) that the Services, which are subject to
constant research to improve their performance and progress, will be totally free of errors,
faults or defects, (ii) that the Services, being standard and not offered specifically to any
one given User according to that User
’
s own personal constraints, shall specifically meet
that User
’
s needs or expectations.
11.6 In any event, any liability that could be incurred by the Manager within the framework of
this agreement is expressly and solely limited to direct actual damages suffered by Users.
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