Terms of use and legal information

General Statement and Legal Information
NAVX operates the website www.navx.com (hereinafter the Site), and also manage the service that is offered on the Site:

A Paid Service that adds supplement functionalities to GPS navigation systems by transmitting, reproducing, and storing data compatible with a client’s navigation system, and through the use of one or many digital files that contain contents chosen by the client.

The general terms of the following Sales Agreement are available in the French, English, German, Italian, Spanish, and Dutch languages. The client should print them out or save them.

The Site of the abovementioned Community, and all promotional and commercial activities associated with it have been published by the Company NAVX, PLC with capital value of 161,818 euros, duly registered in the Register of businesses and companies of Paris, registration number 487 586 265, said Company is located at 129 rue Jules Guesde 92300 Levallois Perret - France. The Company was mentioned in a Declaration submitted to the National Commission On Informatics and Freedom on March 29, 2006, Declaration # 1159692.

NAVX’s individual Value Added Tax number is FR 68 487 586 265.
NAVX’s headquarters is at 129 rue Jules Guesde 92300 Levallois Perret - France.
The Director of Publication is Mr. Florent BOUTELLIER, acting as the legal representative of NAVX.

Definitions

The General Conditions of Sale and Use include the following definitions:

"Site" or "website": an interactive electronic service operated by the Company NAVX on the Internet, using the web address "www.navx.com".

"Client Information": information about the client.

"Downloading": transmission of a digital file containing contents chosen by the client, and its reproduction on the hard drive of the client’s computer, for the private use of the client as often as desired and for an unlimited period of time.

"User": A person, registered at the Site or not, who uses the Community Services, or who is preparing to place an order for Paid Services.

"Account": A user fills out a form, giving Client Information, and this constitutes his or her NAVX Account, which can be accessed using identifying passwords. When the Account is created, the User is registered.

"Order": Purchase, on the part of a Client, of a Paid Service providing supplement functions.

"Client": A User who has placed at least one Order.

"Content": All data created or modified by the User, namely, Geographical Positions, Tracks, Routes, Itineraries, Contacts, Geographical Areas, Commentaries, Descriptions, Tags, or Collections.

"Paid Service providing supplement functionality": Catalogue of types of Content and supplement functions furnished for a fee to owners with compatible GPS systems.

"Community Services": Tools that enable creation, storage, sharing and sending of various types of Content.

"Services": The group constituted by Paid Services providing Added Functionality and Community Services, taken together.

Article 1 - Sales Agreement

This document constitutes as of April 27, 2007 the General Conditions for the Use and Sale of Services, offered through the Site directly for commercial sale by NAVX. They supersede all other conditions.

These Conditions may be modified. The applicable Conditions are those that are posted and observed on the Site on the date of registration, followed by the client’s Use of the Site and subsequent placing of an Order. Users are advised to consult the Site regularly in order to stay informed about any recent modifications.

Article 2 - Protection of the Site

Any unauthorized representation, reproduction, modification, commercial use in whole or in part (including any damage to the Site) of the various parts of the Site is prohibited, and such actions will expose any person or persons responsible for them to the possibility of prosecution. This present Sales Agreement does not in any way constitute authorization to represent, reproduce, modify, or make commercial use of any part of the Site.

Article 3 - Modification of Services

NAVX reserves the right to modify its services or improve them, as NAVX deems necessary or useful, and NAVX is not responsible for any damage of any kind which may ensue, due to such modification.

NAVX also reserves the right to stop any or all of the Services offered on the Site without notice, and without liability, and NAVX may not be held responsible for damage of any kind which may ensue, due to the termination of Services.

Article 4 - Availability of Services

All Services are normally available 24 hours a day, 7 days a week and throughout the year. NAVX nonetheless reserves the right to stop all access to Services without notice and without any obligations to reimbursements, and NAVX will not be responsible for damages of any kind resulting from such termination.

Article 5 - Users and Prospective Clients

The Services offered by NAVX are available only to persons of legal age, or minor persons who can produce authorization from their parents permitting them to place orders through the Site.

In order to use Paid Services providing Supplement Functionality , Clients must be owners of a navigation system that is GPS compatible (a list of such systems is given under "Compatibility"). Non-compatibility of a client’s system with a particular Paid Service providing Supplement Functionality cannot be accepted as a reason for a refund once the order has been properly placed.

Article 6 - Access to Supplement Functionality Services

To place an order for a Paid Service providing Supplement Functionality through the Site, the client must create an Account, either before or at the moment of placing an Order and choosing a means of payment, by clicking on the link "Create an account ". In addition to entering a security code, the client is then asked to enter an e mail address for identification purposes, a unique pseudonym identifying the client on the Site, and a password which must be confirmed (by retyping it). The client is also asked to specify which GPS navigation system he or she uses. It is noted there that all this information is confidential.

The Client is solely responsible for the consequences of the use of his or her Account until said Account is deactivated.

It is not permitted to use substitute passwords or other identifying information.

Once the required information has been provided the Client clicks on "I agree to Navx terms of use".

Article 7 - Purchasing Supplement Functionality Services

By clicking on the title or an image within the abovementioned box(es), the client is transferred to a web page on which means of payment are detailed. The downloading of the Speed cam positions is a service offered exclusively through a purchase of either a monthly or annual subscription, with which unlimited updates are allowed during the subscription period.

Article 8 - Length of Subscription for Services Providing Supplement Functionality and Cancellation of Subscription

8.1. Beginning of subscription period – length of period

The Contract between NAVX and the Client will take effect after information regarding payment has been entered and validated. However, in accordance with applicable regulations, the Subscriber has seven days to cancel the subscription, starting from the date of subscription and acceptance of NAVX’s offer, without having to justify the cancellation, nor to pay a penalty. In order to do this, the Subscriber (Client) must notify NAVX in writing that he or she intends to exercise this right to cancel. Any cancellation of the Contract taking place according to the stipulations in the present paragraph will have the result described in article 8.3, below.

The subscriber who has just signed up for a subscription with NAVX should be aware that by linking his or her GPS system to the NAVX Sync software and by carrying out a download, prior to the expiration of the abovementioned seven-day "cooling-off period" during which cancellation without penalty is allowed, he or she will automatically give up the right to exercise the right of termination provided under the terms for those seven days. Carrying out a download from NAVX during the seven day period automatically makes the Subscriber responsible for the subscription period, without any further right of automatic cancellation or withdrawal, since NAVX would then have begun providing services already.

For the Paid Service with Monthly Subscription, the Contract remains in effect for thirty (30) days. At the end of that period, the Contract will be automatically renewed for the same period of time, unless one of the parties notifies the other in writing of an intention not to renew. Such notification must occur no fewer than five (5) working days before the end of the 30-day period. Notification must take place by letter. This notification will become effective on the day of the arrival of the letter. Without prejudice to any other stipulations of the Contract, the Contract will thus expire at the end of the 30-day period, with the result described in Article 8.3 below.

For the Paid Service with Annual Subscription, the Contract will remain in effect for 12 months. At the end of that time the Contract will be automatically renewed for the same period of time, unless one of the parties has notified the other in writing of their intention not to renew the Contract. Such notification must take place no later than one (1) month before the end of the 12-month period. Notification must take place by letter. This notification will become effective on the day of the arrival of the letter. Without prejudice to any of the other stipulations in the Contract, the Contract will thus expire at the end of the 12-month period, with the result described in Article 8.3 below.

8.2. Cancellation, Termination or Withdrawal

Either party may cancel or terminate the Contract by letter, if conditions occur in which one party shall have substantially failed to fulfill an obligation or obligations for which that party is responsible under the Contract, said party having also failed to remedy this failure within a period of fifteen (15) days, beginning from the date of the arrival of a notification or warning letter sent via letter. Such termination will take effect on the date of the arrival of the letter of termination mentioned above, and without prejudice regarding other rights and possible actions available to the party terminating the Contract, will have the effects described in Article 8.3 below.

The subscriber must send the letter to NAVX, 129 Rue Jules Guesde, 92300 Levallois Perret - France.

8.3. Result and Effects of Termination or Expiration of the Contract

In cases of termination or expiration, for whatever reason, of the Contract (and without prejudice to other rights and possible actions available to the party not at fault in a case of termination taking place as described in Article 8.2 above) (1) all monies paid by the Subscriber to NAVX remain the property of NAVX ; (2) the Subscriber must pay any sum that thus becomes payable under the terms of the Contract ; and (3) the Contract remains in effect in respect to every obligation still not completely fulfilled on the date of the abovementioned termination or withdrawal.

Article 9 - Means of Payment for Paid Services providing Supplement Functionality

Payment can be made via bank card associated with the CIC Paiement system.

The client pays for purchases by giving CIC Paiement his or her banking information. The transaction is made in a secure manner.

Article 10 - Prices for Paid Services providing Supplement Functionality

Prices include applicable VAT at the time of ordering, and any change in the applicable VAT rate will be immediately reflected in all prices.

If clients desire to receive an itemized bill for Services, they must request this by e mail to contact@navx.com including the client’s address, and if the client is a business, including also SIRET and VAT numbers.

Services ordered are paid for when the order is placed, in full.

Subscription services must be paid for at the beginning of a period of service. For a one-month period, payment is due when the service begins. For a 12 month subscription, payment is due at the beginning of each successive month.

In the case of Paid Services ordered as a subscription, the Subscriber must insure that at all times during the Contract period, and even after its termination or expiration, there is deposited within his or her bank account (the account used to order Services) a sum sufficient to pay all monies owed to NAVX. Any amount due and not paid on time will accrue interest at a rate equal to one and one half times the legal interest rate, or at the maximum rate allowed under applicable regulations, if less than that, over the entire period between the date when the sum became due and payable, and its complete payment, including principal and other sums, without there being any necessity of notifying the Subscriber in this regard.

All communication charges related to the use of Services offered by NAVX are the responsibility of the client.

Article 11 - Use of Downloaded Recorded Material

The recorded material downloaded by clients consists of digital files protected by national and international law with regards to the intellectual property rights of the creators of the material. They can only be used by private persons in accordance with the limits specified hereinafter, and no fee for their use can be charged, outside the terms of the Contract.

"Digital Rights Management" or DRM designates a system of digital file copy protection that allows their use to be monitored. This system is intended to give clients maximum flexibility in the use of downloaded files, while still protecting the rights of artists, authors, and composers.

The Client promises not to defeat, avoid, or otherwise interfere with this system of monitoring of the use of downloaded digital files, and further promises not to employ any other apparatus of any kind intended to defeat, avoid, or interfere with the monitoring system.

Article 12 - Identifying Information

Identifying Information collected with regard to the client upon creation of his or her Account, and also upon the placing of orders for Paid Services, and in the course of use of the Community Service, is for NAVX’s use. NAVX reserves the right to transmit them to a third party.

This information is necessary to the management of a commercial relationship between Client/User and NAVX. A client cannot create an account without furnishing certain personal information requested at that time. If the client did not wish the personal data requested during account creation to be retained, NAVX would be obliged to delete the new account.

Under the provisions of the Law on Informatics and Freedom of January 6, 1978, a client at all times has the right to access information that concerns him or her, and the right to demand rectification of this information if it is incorrect or incomplete, and the right to refuse that it be transmitted to a third party, and a right to demand without legal expense that such information not be used for the purpose of sending commercial solicitations to the client, and more generally a right to refuse any kind of treatment such as it is defined in line 3 of Article 2 of the abovementioned law. To take advantage of these rights, request must be made in writing to NAVX – 129 Rue Jules Guesde 92300 Levallois Perret - France.

Also, as a result of choices made by the Client during account creation, the client may receive newsletters from NAVX and/or its partners.

Article 13 - Cookies

NAVX automatically collects client information through cookies that record the client’s navigation through the Site. Cookies are alphanumeric identifiers placed on the hard drive of the client through the client’s Internet browser. They allow NAVX to recognize a particular visitor and to direct that visitor toward new attractions that might be of interest, based on previous choices.

The client has the right to set his or her computer to refuse cookies.

For Microsoft Internet Explorer 6.0:

1. Open "Tools" menu.
2. Choose "Internet Options"
3. Click on the "Confidentiality" tab.
4. Choose the security level preferred by the cursor.

For Microsoft Internet Explorer 5.0 or 5.5:

1. Open "Tools" menu
2. Choose "Internet Options"
3. Click on "Security"
4. Select "Internet", then "Custom Level"
5. Locate the tab for "cookies" and choose the option preferred.

For Netscape 6.0 or later:

1. Choose the "Edition" menu
2. Choose "Preferences"
3. Confidentiality and Security
4. Cookies

For Netscape Communicator 4.5:

1. Choose the "Modify" menu
2. "Preferences"
3. Click on "Advanced"
4. Find the "Cookies" tab and select the preferred option

For Opera 6.0 or later:

1. Choose the "Files"
2. Select "Preferences"
3. Privacy

Article 14 - Responsibility

The client acknowledges being aware of the constraints and limitations of the Internet network. Under these conditions:

NAVX may not be held responsible in any case for the speed of access to the Site coming from other sites, or for the speed with which the Site and/or its pages load, or the speed at which data stored on site is downloaded, nor is NAVX responsible for external events causing the operation of the site to slow down, be interrupted, or stop, making services inaccessible. NAVX may not be held responsible for fraudulent use of any of the information placed at the disposition of site users by a third party.

The client is responsible, just as any other person surfing the Internet, for the protection of his or her technical equipment, especially from any form of contamination by a virus and/or any attempted hacking. Under no circumstance should NAVX be held responsible for such cases.

The client is solely responsible for the installation, operation, and maintenance of his or her technical equipment, such as is necessary to access the Site. Under no circumstance whatsoever shall NAVX be held responsible if the service offered by the Site turns out to be incompatible with, or causes the malfunction of, certain software programs, configurations, operating systems, or other equipment owned by the client.

The responsibility of NAVX for failure in carrying out its obligation or to deliver services shall be limited to the price paid for the client’s order.

The client is solely responsible for the use he or she makes of the service, and shall not attempt to hold NAVX responsible in any claim and/or proceeding which may be initiated against the client. The client promises to treat any such claim and/or proceeding directed against NAVX that is related to his or her use of the services provided by NAVX as his or her own personal business. NAVX advises clients that the use of POI data must be carried out while the client’s vehicle is stationary. NAVX also reminds motorists to respect current laws, especially traffic laws.

Finally, NAVX cannot be held responsible in cases of violations of the laws of a foreign country regarding content downloaded in that country.

Hypertext links may direct site visitors to other sites. NAVX cannot be held responsible in the case in which the content of such other sites should violate the rights of some third party, or, more generally, if such content should infringe existing laws and/or regulations.

Article 15 - Deactivation of a Client Account

NAVX reserves to itself the power to deactivate a client’s account, without having to notify, without having to incur any obligation of reimbursement, and with full rights to act in this manner, in the following cases:

Violation by the client of the Sales Agreement and the conditions of Use,
Failure of the client to pay amounts due,
Actions contrary to the interests of NAVX.

NAVX reserves the right to delete and deactivate any Account of a User that has remained inactive for more than 3 months.

If a User/Client wishes to deactivate an Account, he or she should notify NAVX via registered mail with return receipt addressed to NAVX – 129 rue Jules Guesde 92300 Levallois-Perret - France. NAVX agrees to deactivate the Account in question within 48 hours of the reception of such a letter.

In the case of a termination of contractual relations, for whatever cause, including that of a voluntary withdrawal of the User from the benefits of the Service, the following articles will continue to apply, and retain their full effect:

Article 8.3 for Subscribers.

Article 16 - Applicable Law - Litigation

The present General Conditions are subject to French law. In case of litigation, and after efforts at finding an amicable solution have failed, the law courts of Paris shall be solely competent to hear the case.

Article 17 - End User Contract for the Navx Sync Manager software

IMPORTANT:
THIS END USER’S LICENSE CONTRACT FOR SOFTWARE CONSTITUTES A CONTRACT BETWEEN YOU (THE USER) AND NAVX. READ IT CLOSELY BEFORE FINISHING THE INSTALLATION AND USING THE PROGRAM. THIS LICENSE CONTRACT AUTHORIZES YOU TO USE THE SOFTWARE AND INCLUDES INFORMATION ABOUT GUARANTEES AND LIMITATION OF RESPONSIBILITY. BY CLICKING ON THE BUTTON MARKED "DOWNLOAD" OR "INSTALL NOW" AND BY USING THE SOFTWARE, YOU AGREE TO ACCEPT THE SOFTWARE AND TO BE BOUND BY THE TERMS OF THE PRESENT CONTRACT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, PLEASE DO NOT INSTALL THE SOFTWARE.

1. Definitions

(a) "NAVX" designates the Navx Company, PLC with a capital of 161,818 €, listed on the Register of Businesses and Companies of Paris as number 487 586 265, whose registered and operating address is located at 104 bis boulevard Voltaire, Paris, and also designates where appropriate the persons granting the license.

(b) "Software" refers only to the software program(s) Navx Sync furnished by Navx, with corresponding documentation electronic or online, as well as all updates or later versions of the same software program.

2. Granting of licenses

(a) You are authorized to install and use the software only with a personal computer using a Windows PC operating system (including PC versions Windows 95, 98, 2000, NT, ME and XP home or Professional) on condition that you, despite any contrary indication in the present document, do not use the software with any product besides a PC or besides some complete version or component of the operating systems mentioned above, including (list not exhaustive) portable devices, internet devices, decoders (STB), mobile telephones, PDA’s, telephones, internet pads, notebooks, game consoles, television equipment, DVD’s, game machines, personal automatic systems or any other electronic apparatus or service based on a closed system or on a mobile/cable/satellite television system.

A license for this software cannot be shared, or installed or used on different computers at the same time.

(b) You authorize NAVX to monitor your use of the software in order to insure that you are following the terms of the present contract. This monitoring can take place at any moment, as long as reasonable notice shall have been given. If this monitoring determines that your use of the software is not completely in accordance with the terms of the contract, you will be obligated to reimburse NAVX all the costs, limited to a reasonable amount, related to this monitoring, and you may face legal action, which NAVX may initiate against you as a result of your failure to follow the terms of the contract.

3. License limitations

(a) You are not authorized to create or distribute copies of the software or to transmit the software via electronic means onto a network, or to transfer the software from one computer to another.

(b) You are not authorized to alter, merge together, modify, adapt, or translate the software, or to decompile, or to extract elements, or to disassemble or take apart in any way the software so as to produce a different usable version.

(d) You are not authorized to modify the software or to create derivative forms of the software.

(e) You are not authorized to export the software into a country which would be subject to export restrictions imposed by the "Administration Act" of the United States of America or under regulations resulting from that Act.

(f) In the case that the terms of the present Contract are not obeyed, Navx reserves the right to cancel the license.

In case of cancellation, you will be obligated to destroy all copies of the software (all other rights of both parties and all other dispositions under this Contract shall continue in force after cancellation).

(g) You are not authorized to use the software in an effort to develop a software program or other technology which would perform the same basic function as this software, including (list not exhaustive) the use of the software for all procedures of development or tests whose objective is to develop a similar type of software or a similar technology, or to determine if such a software program or other technology functions in the same manner as this software.

4. Ownership

The present license grants you a limited license to use the software. Navx retains all rights, including the right of intellectual property and copyright as regards this software and all copies of it.

Navx reserves all rights that are not specifically granted in this contract, including rights derived from Federal and international treaties on intellectual property.

5. New versions of the software

Navx, at its sole discretion, reserves the right to add functionalities or supplementary functions, or to supply programming corrections, updates, or new versions of the software. You agree and acknowledge that Navx has no obligation to make available to you later versions of the software. You also agree that in the case that you desire to download, install, or use a new version of the software, you could be obliged to enter into a new version of the present Contract. Moreover, you acknowledge and agree that Navx, at its sole discretion, may modify, interrupt, or suspend your ability to use any version of the software, or to cancel any license granted by virtue of the present contract, at any moment. Navx may also suspend or cancel any license granted by virtue of the present document and deactivate any software to which you may have had access to already, or which you may have installed already, at any moment without having to furnish a notice.

6. Notice of non-responsibility

(a) The software is furnished to you free of charge and as is. Navx does not furnish any technical assistance, guarantee, or other recourse with regard to this software.

(b) Navx and its suppliers reject any guarantee or representation, explicit, implicit, or otherwise, including guarantees of commercial use or aptitude for a particular purpose. There is also no guarantee of authenticity or right to unhindered enjoyment of the good. Navx does not guarantee that the software is free of errors, or that it would function without interruption. No right or recourse in relation to Article 2A of the universal convention on the rights of authors will be conferred upon you unless this is expressly stipulated in the present contract. The software is not conceived, intended, or licensed for use in dangerous environments which require security monitoring, including but not limited to, environments of conception, construction, maintenance, or functioning of nuclear installations, aerial navigation or systems of in-flight communication, air traffic control, life-preserving systems or armaments. Navx specifically declines any guarantee expressed or implied as regards aptitude for such activities.

(c) In certain cases, legislation requires guarantees for the software. These guarantees are limited to a period of ninety (90) days from the date of delivery.

(d) Navx and its employees do not guarantee any information in oral or written advice, or extends in any way whatsoever the period of time covered by any guarantee that may eventually be granted.

(e) Navx declines all responsibility in cases which the software have undergone modifications, or in which malfunction of the software follows use of the software with any hardware configuration, platform, or operating system other than those which are recommended.

7. Limitation of responsibility

(a) Navx declines to accept responsibility in relation to you or any third person in cases of indirect, special, accidental, dissuading, covering or accessory damages (including but not limited to damages related to lack of aptitude to use the equipment, or to gain access to data, loss of operating ability, loss of profit, interruption of activity, etc.) connected with the use or the impossibility of use of the software. This limitation of responsibility is based on all the theories of responsibility, including that involving violation of contract, fault (including negligence), product responsibility or any other, even if Navx or its representatives were warned of the possibility of such damage, and even if the essential objective of recourse mentioned here has failed.

(b) The preceding limitations relative to responsibility necessarily apply to all aspects of the present Contract.

8. Basis of this offer

The notice of non-responsibility and limitation of responsibility mentioned above constitute fundamental elements that form the basis of the contract between Navx and you. Navx would not be able to furnish the software on the economic basis provided without limitations of that kind. This notice of non-responsibility and this limitation of responsibility benefit the persons to whom Navx grants a license.

9. An end user is only a consumer

The limitations or exclusions from guarantees and from responsibility mentioned in the present Contract do not affect the statutory rights of consumers, that is, persons who acquire goods outside of any professional activity.

The limitations or exclusions from guarantees, recourse, or responsibilities mentioned in the present Contract apply to you only in so far as these limitations or exclusions are authorized under French legislation.

10. Third party software

The software may contain third party software programs that necessitate additional notices and/or modalities and conditions. You will find these additional notices and/or modalities and conditions as required for third party software at the following address: www.navx.com. The present Contract includes these notices and/or modalities by referring to them. By accepting this Contract, you also promise to accept, if necessary, the additional terms and conditions mentioned here.

11. General observations

The present Contract is concluded under French law. By the present document, you accept the exclusive authority of the jurisdiction and the courts of France in all cases of litigation connected with the present Contract.

The present Contract represents the complete contract between the parties as regards to the end user license for this software, and it shall prevail against all other contracts or agreements previously concluded or now in force, whether they in oral or written form. In the case of violation of the present Contract, or if Navx delayed the exercise of one of the rights that are granted to it by virtue of the present Contract, or declined to exercise some such right, this shall not imply or lead to any renunciation of such rights.

If one of the elements of this Contract should be declared contrary to the law by a competent court of law, that element shall apply in so far as possible, and the other elements of the present Contract shall remain completely applicable.

Please address all questions concerning the present contract to NAVX – 129 rue Jules Guesde 92300 Levallois Perret - France.

Navx and the other commercial trademarks contained in the software are commercial trademarks or registered trademarks. Commercial trademarks, brand names, product names and logos can be the commercial trademarks or registered brands of those who have registered them. You are not authorized to remove or modify commercial trademarks, brand names, product names, logos, copyright notices, other exclusive marks, legends, symbols, or labels from the software. The present Contract does not authorize you to use the name of NAVX or those who have granted it a license, nor to use the corresponding commercial trademarks.