Terms and conditions of use
- Article 1 – Scope of the TCU
- Article 2 - Description of the Service
- Article 3 – Access and Registration
- Article 4 – User Behaviour
- Article 5 – User Content
- Article 6 – Third-party Sites
- Article 7 - Force Majeure
- Article 8 - Disputes
- Article 9 - Correspondence
- Article 10 – Legal Notices
- Article 11- Non-forfeiture
- Article 12 – General Stipulations
- Article 13 - Applicable Law and Attribution of Jurisdiction
User: a natural person or corporate body accessing the Services as content contributor and/or holder of a personal account;
Visitor: natural person or corporate body accessing the Services offered by OPERA ONLINE for the sole purpose of consultation;
OPERA ONLINE: the company that publishes the Services;
Service(s): one or more of the online services provided by OPERA ONLINE through the “opera-online.com” Web site, in particular, and without this list being exhaustive, the hosting of data and information, tools for publishing data and information, research, communication, access and recovery of data, access to a communication network for the use of Visitors and/or Users;
TCU: the present Terms and Conditions of Use of the online services of Opera Online
SCU: the Special Conditions of Use of each of the services of OPERA ONLINE.
ID: the name or alias as well as any confidential code or password chosen by the User or assigned by OPERA ONLINE that enables the User to identify himself in order to access the Service(s).
Personal Account or Opera Online Account: refers to the personal data relating to a user, including in particular his ID’s, which must be registered in order to access all of the functions of Opera-Online.com and the Service(s).
Registration: the online registration procedure which the User must complete on Opera-Online.com in order to be able to access the Service(s). This registration leads to the creation of the User’s ID’s and Personal Account.
Online registration: refers to the application for registration for the Services submitted through a remote server accessible by the standard HTTP network;
Opera Online Platform: refers to all of the Web sites and pages hosted by OPERA ONLINE.
Article 1: Scope of the TCU
1.1 The present Terms and Conditions of Use (TCU) are intended to define the conditions under which Users and Visitors may access the Services and use them.
1.2 Every person accessing the Services offered by OPERA ONLINE undertakes unreservedly to comply with these Terms and Conditions of Use, which, for certain services, may be complemented by Special Conditions of Use (SCU) which will be presented in advance to the User for acceptance before the Services may be accessed.
1.3 Inasmuch as it wishes to consider the evolution of its platform, OPERA ONLINE reserves the right at any time to modify these Terms and Conditions of Use and the Special Conditions of Use, particularly in order to take into account any legal, judicial, editorial and/or technical developments. The latest version of the Terms and Conditions of Use, the only one applied by OPERA ONLINE, is always available at www.opera-online.com/terms.
This is also true for the Special Conditions of Use, which can be accessed online at the address of the Service in question. All Users and Visitors are therefore required to refer to their version, accessible online, at the date of their access to any of the Services.
1.4 As access to the Services is “open,” any Visitor or User accessing them undertakes irrevocably to acquaint himself with the TCU of OPERA ONLINE.
1.5 The User is expressly informed that the only authentic version of the Terms and Conditions of Use of the online services of OPERA ONLINE is the version found online on the Opera-Online.com site, which he acknowledges and accepts without restriction, undertaking to refer to them systematically each time he connects to the site. These TCU are always available at the following address: www.opera-online.com/terms
Article 2: Description of the Service
2.1 OPERA ONLINE operates and offers its Users an interactive platform, which includes – without this list being considered exhaustive – services for the hosting of editorial content, information, personal pages, games and contests, profiles, social groups, surveys, videos and comments.
Access to and the consultation, use, creation and hosting of digital content is made possible at this time by the Internet and certain Internet applications.
The present agreement is intended to set the general terms and conditions under which, on the one hand, OPERA ONLINE makes its platform available to the User, and, on the other, the User accesses and utilises the platform’s Services.
2.2 OPERA ONLINE directly or indirectly hosts the Services but is in no case responsible for their content or their use by Users. OPERA ONLINE may not be held liable for the use made of the Services by Users. In particular, OPERA ONLINE may in no way be held liable for Content posted, put online, sent, received or transmitted by Users.
2.3 The User acknowledges having been informed of and accepting the fact that OPERA ONLINE may in no way or form whatsoever be held liable for the creation, deletion, failure to deliver or storage of the digital data or the personalized installations of Users, which are placed under the sole and complete responsibility of the latter.
2.4 The User acknowledges using the Service at his own risk and peril. The Service is provided to him based on an “as is” Service, accessible subject to its availability. OPERA ONLINE provides no express or implied guarantee, including, without this list being limiting, guarantees relating to the Service’s quality and its compatibility with a specific use, or to the non-violation of the rules of use of the Service by its Users.
2.5 No advice or information, whether oral or written, obtained by the User from OPERA ONLINE or during use of the Services may create guarantees not expressly provided for by the present TCU.
2.6 The Services are accessible in principle 24 hours a day, seven days a week, except in the case of force majeure or of events beyond the control of OPERA ONLINE, and subject to periods of maintenance and any down time.
2.7 The transfer rates and response times for information circulating from the OPERA ONLINE platform to the INTERNET are not guaranteed by OPERA ONLINE. In fact, the speed at which the information circulates is not part of the access service offered by OPERA ONLINE, but rather relates to the inherent characteristics of online networks with regard to the technical means of absorbing the traffic generated.
2.8 OPERA ONLINE provides no personalised assistance or hotline. However, Users may send comments on its Services to OPERA ONLINE by means of e-mails or forms available online, without thereby creating on obligation on the part of OPERA ONLINE to respond or process the comments.
Article 3: Access and Registration
3.1 Access to the Services is conditional on the User’s having a computer and an Internet connection. The equipment (computer, telephone, software, means of telecommunications, etc.) enabling the User to access the Service are the exclusive responsibility of the User, as are the telecommunication costs incurred through its use.
3.2 As part of his online registration, and in particular in order to use the services of OPERA ONLINE under normal conditions, the User may be asked to provide personal information (in particular, an e-mail address, his full name and address), in particular via the registration form. In accordance with article 6-II of Law 2004-575 of 21 June 2004 for trust in the digital economy, the User undertakes to provide true, accurate, up-to-date and complete information (it is the User’s responsibility to keep this information up to date). The User undertakes in particular not to create a false identity so as to deceive third parties. Failing this, OPERA ONLINE reserves the right to suspend or terminate the User’s personal account without delay and, where appropriate, to deny him access to all or part of the Service.
3.3 After accepting the Terms and Conditions of Use and creating his Personal Account, the User receives an initial e-mail in his personal mailbox, giving his ID (alias), and must then confirm his registration by clicking on or copying into his browser the personal temporary URL address assigned to him. The User may then identify himself and gain access to the administrative interface to manage his content. After confirming his registration, the User receives a second e-mail confirming that his Personal Account has been opened.
3.4 Once registered, Users may access the Services directly attached to the TCU, namely the profiles, critiques, comments, columns, page sharing, opening and management of personal pages, surveys, social groups, games and contests, and publish their Content and have it hosted, by connecting to Opera-Online.com, if they have access to the Internet via a computer.
3.5 The rights to access and utilize the Services are non-exclusive and may not be transferred either free of charge or against payment. The User who holds a Personal Account is characterised by a mutual agreement between the User and OPERA INLINE, and by his ID and password, assigned by OPERA ONLINE and placed under the User’s sole responsibility.
The User undertakes to keep secret the components of his ID and not to disclose them in any form whatsoever. Should one of the User’s identifying elements be lost or stolen, he must immediately inform OPERA ONLINE. which will then take the necessary measures.
3.6 Any connection or transmission of data done using the User’s ID will be considered to have been made by the User. The User is responsible for safeguarding the confidentiality of his assigned password.
In this regard, the User is required to make certain that he specifically logs out at the end of each session. The User is responsible for the loss, misappropriation or unauthorised use of the ID and/or password and their consequences.
3.7 A Personal Account is valid for a term of 365 (three hundred sixty-five) days from the date of the last connection to the Personal Account. After that period, the Personal Account may be automatically cancelled without entitling the User to any complaint or legal action. The ID may be reassigned to anyone who requests it, without the previous User being entitled to any remedy.
3.8 The User acknowledges that OPERA ONLINE is entitled to terminate, in whole or in part, the right of access corresponding to his Personal Account and his password, and to delete his Personal Account and password, and is entitled to remove or transfer any Account on the Service, in particular because of lack of use, or if OPERA ONLINE has just cause for believing that the User has violated or acted contrary to the letter and spirit of the present Terms and Conditions of Use.
OPERA ONLINE may also, unilaterally and at any time, interrupt supply of the Service without owing compensation of any kind. The User acknowledges that any termination of his access to the Service under the present Terms and Conditions may occur without prior notice, and he acknowledges and accepts that OPERA ONLINE is entitled, at any time and with immediate effect, to deactivate or delete his Personal Account and any folder or file present in that Personal Account, and/or to prohibit further access to these files or to the Service. In addition, the User acknowledges that OPERA ONLINE may not be held liable vis-à-vis him or any third party for any termination of his access to the Service.
3.9 OPERA ONLINE may interrupt the Service, or part of the Service, for purposes of maintenance, without creating any right to compensation.
3.10 OPERA ONLINE assumes the role of a passive transmitter for the inter- and intra-User distribution and transmission of data. OPERA ONLINE may in no case be held liable for the Content of the messages distributed and transmitted.
Article 4: User Behaviour
4.1 The User declares and acknowledges that he is aware that all information, data, text, software, music, sounds, photographs, images, videos, messages and any other materials (heretofore and hereinafter referred to collectively as the “Content”), whether brought to the attention of the public or transmitted privately, are the sole responsibility of the person or persons having transmitted this Content. The User alone, and not OPERA ONLINE, is wholly responsible for the Content he posts, uploads or downloads, sends by e-mail or transmits in any other way through the Service.
OPERA ONLINE has only partial control over the Content transmitted via its services, and is consequently unable to guarantee the Content’s appropriateness, lawfulness, honesty or quality.
In any event, OPERA ONLINE may not be held liable for Content not brought to its attention, especially for the illegal nature of the Content under correct regulations, for errors or omissions in any Content, for any loss or damage resulting from the use of any Content displayed, transmitted by e-mail or in any other way via the Service.
4.2 OPERA ONLINE grants personally to the User a non-exclusive and non-transferrable right to use the Services or software on a compatible terminal (telephone, computer); unless expressly authorised by OPERA ONLINE, he is prohibited (and may not grant authorisation to others) from copying, modifying or creating a derivative work, reversing the design or assembly or in any other way attempting to find the source code (except in those cases provided for by law), selling, licensing or transferring in any way whatsoever any right relating to the Services or software. The User undertakes not to modify the Services or software in any way, and not to utilise modified versions of the software and Services, in particular (without this list being limiting) in order to obtain unauthorised access to the Service.
- 4.3 In general, and without this list being considered exhaustive, the User is prohibited from:
- uploading or downloading, sending by e-mail or in any other way, any Content that is illegal, harmful, threatening, abusive, constituting harassment, defamatory, obscene, threatening to the privacy of others, hateful, racist or otherwise reprehensible;
- endangering underage Users in any way;
- transmitting any Content that may constitute – without the following being limiting – incitement to crimes and offences, incitement to discrimination, hatred or violence because of race, ethnicity, religion or national origin; justification of Nazism, disputing the existence of crimes against humanity or recognised genocide, false news, and any Content intended to exhibit or sell prohibited objects and/or works; attack on the authority of justice; information relating to adoption, trials, minors’ suicide, or to an individual's fiscal status; distribution beyond the authorised conditions of voting surveys and simulations relating to an election or referendum; slander and insults; infringement of privacy; or acts endangering minors in particular through the creation, conveyance and distribution of violent or pornographic messages or messages that may seriously undermine human dignity;
- attempting to deceive other Users by usurping the name or corporate name of other persons, and more specifically by passing himself off as a public person, or an employee, affiliated member or moderator of OPERA ONLINE;
- counterfeiting headings or manipulating the ID in any other way so as to hide or disguise the origin of the content transmitted via the Service;
- downloading or uploading, posting or transmitting by e-mail or by any other way any Content that the User is not authorised to distribute by a legislative measure or judicial act (in particular internal, privileged, confidential information learned or disclosed as part of an employment contract or confidentiality agreement, without this list being limiting);
- downloading or uploading, transmitting by e-mail or by any other means any Content that violates any patent, registered trademark, manufacturing secret, intellectual property right or any other right of ownership belonging to someone else;
- downloading or uploading, posting, transmitting by e-mail or by any other means any unsolicited and unauthorised advertising or promotional materials (in particular, sending spam or junk mail, chain letters or any other form of solicitation);
- downloading or uploading, posting, transmitting by e-mail or by any other means any Content containing computer viruses or any other code, file or programme designed to interrupt, destroy or limit the functionality of any software, computer or telecommunication tool, without this list being limiting;
- hindering or disturbing the Service, servers and networks connected with the Service, or refusing to comply with the required conditions, procedures, general rules or regulatory provisions applicable to the networks connected with the Service;
- harassing in any way whatsoever one or more other Users;
- collecting and storing personal data relating to other Users;
- soliciting the exchange, sale or purchase of materials of a pornographic or illegal nature, including photographs, films, videos and images, realistic or otherwise, this list not being limiting;
- referencing or giving access to sites in conflict with the present TCU.
4.4 The User declares and acknowledges that OPERA ONLINE may view the Content before it is distributed. OPERA ONLINE reserves the right, at its sole discretion (without this constituting an obligation), to reject or move any Content available via the Service. Furthermore, OPERA ONLINE will be entitled to delete or remove any Content that violates the terms of the present TCU and/or current regulations and/or is in any other way objectionable. The User further declares and acknowledges that he must exercise judgment and bear all related risks in the use he makes of the Content, and especially when relying on the appropriateness, usefulness or complete nature of this Content. Consequently, the User acknowledges that he may not rely on the Content hosted by OPERA ONLINE nor on the Content submitted to OPERA ONLINE, in particular that available in the comments or critiques published on OPERA ONLINE or in any other parts of the Service.
4.5 The User declares and acknowledges accepting that if OPERA ONLINE protects the Content, OPERA ONLINE may be led to disclose it in order to comply with current laws, or if OPERA ONLINE thinks, in good faith, that such a measure is necessary as part of a judicial proceeding, in order to enforce compliance with the Terms and Conditions of Use of the Service, in order to respond to complaints alleging violation of third-party rights (in order to protect the rights and interests of OPERA ONLINE, its Users or the public).
Article 5: User Content
5.1 OPERA ONLINE offers the User various possibilities for making available to the public (in particular via comments and critiques, or profiles) information, data, texts, links, music, sound effects, photos, graphics, videos, new or other materials (“Content”) and exchanging them with others (for example, by e-mail). When the User’s Content is represented publicly, advertising promos will appear for OPERA ONLINE or third-party merchandise or services, which the User expressly accepts. In this regard, OPERA ONLINE makes available to the User a free way to publish his content in association with advertising.
5.2 The User is solely responsible for his content and its dissemination via the Services, and he guarantees that he has the rights necessary for this distribution. OPERA ONLINE bears no responsibility.
The content created and distributed via the Services by the User and the other Users reflects only their opinions or viewpoints and in no case those of OPERA ONLINE.
Consequently, OPERA ONLINE may in no case be held liable for the correctness, nature or relevance of the data, information or remarks disseminated via the Services by the User or other Users.
In particular, the User is solely responsible for the use of information or data of any kind available through the Services, and the decisions or actions he may be led to take or carry out in consideration thereof incur only the User’s liability.
The User is the sole judge of the completeness, accuracy, relevance and usefulness, for him, of the Content consulted and consequently undertakes to use the Services with judgment and to bear the risks arising from that use.
The User is solely liable vis-à-vis OPERA ONLINE and third parties for all direct and indirect damages, of any kind whatsoever, caused by Content or any other element communicated, transmitted or disseminated by the User by means of the Services, and for any breach whatsoever of the present terms and conditions of use.
5.3 All Content published by OPERA ONLINE (accessible directly or indirectly) is the property of its respective authors and is made available to the public for simple consultation. All such publication is therefore protected by copyright.
Any reuse of the Content is therefore on principle strictly prohibited without the express consent of its respective authors. However, partial reproduction may exceptionally be tolerated on the condition that the following statement is added clearly and visibly to each of the pages reproducing the Content:
“This content is reproduced from the article “[specify the title and address of the source of the reproduced content]” on the OPERA ONLINE site, which may have been updated since [add the date]).”
The name of the original author of the copied content may in no case be used on the copy as a form of support without the original author’s express authorisation.
5.4 OPERA ONLINE reminds the User that several Services (comments, critiques, profiles, etc.) contain spaces accessible to the public and that, consequently, the personal information he may mention in his messages or content on these services will be able to be consulted and utilised by third parties. OPERA ONLINE recommends that the User exercise the utmost vigilance with regard to the dissemination of personal information in these public spaces.
The User is also informed that the identity of those persons with whom he communicates via the Services, and especially via the comments, is never certain. It is therefore up to the User never to disclose personal information or information that may make it possible for him to be contacted when these communications are made.
Any communication by the User of personal information concerning him in the public spaces offered via the Services or communication tools made available to him will therefore be made under his sole and complete responsibility.
5.5 The User is informed that the messages, data and information he may release or receive by using the Service travel over the Internet. These messages are not protected and may be subject to interception or attempted interception by unauthorised third parties who may become aware of their Content. Consequently, OPERA ONLINE warns the User that communicating information such as, in particular, credit card numbers, addresses, telephone numbers, e-mail and more generally any sensitive or confidential information is prohibited outside of those Services specifically dedicated to it. This is also true when disclosure of such information is solicited by the person or persons with whom the User communicates, even if this person presents himself as being authorised by OPERA ONLINE or any other company. In any case, such information is disclosed at the User’s risk and peril, and OPERA ONLINE may not be held liable for it. No agent or employee of OPERA ONLINE is authorised to solicit the following information from a User as part of the User’s use of the Service: the User’s first name, last name, address, credit card number, or age.
5.6 In order to enable OPERA ONLINE to make available to the public the content which the User has input or entered, and so that the Content can be consulted as often as possible, the User grants to OPERA ONLINE authorisation to disclose as specified below. This authorisation is limited to the publication, dissemination and promotion of the User’s content or excerpts of his content as part of or in association with the services of Opera-Online and the Opera-Online platform.
By entering or inputting content for purposes of publication and dissemination within the Opera-Online Service accessible to the public, the User grants to Opera-Online the free and non-exclusive right, for the whole world and for the legal term of the rights relating to the content in question, to duplicate, transfer, make accessible to the public and represent, process, quote, including in collections and disseminate the content and excerpts from it, in any telecommunication network, and in particular the Internet, regardless of the communication infrastructure and protocols used.
5.7 OPERA ONLINE is entitled to reject the content input or entered by the User. In the event of serious suspicions indicating that certain content contravenes current legislation or the present Terms and Conditions of Use, especially in the case of serious protest by someone invoking the violation of his rights or damages, OPERA ONLINE reserves the right to block such content. To the extent possible and reasonable, blockage will be limited to the contested content. In the event that third parties assert that certain content constitutes or involves a violation of current legislation, the blockage may continue until an out-of-court or judicial settlement is reached. In this case, the User will be able to state his position. In particular, OPERA ONLINE reserves the right to delete content if the police or legal authorities so require.
5.8 In accordance with article 6. I. par. 7 of Law 2004-575 of 21 June 2004 for trust in the digital economy, OPERA ONLINE has established a reporting system identified by the link “report this comment/critique” that is easily accessible and visible by all, enabling Users of the Service to bring to its attention all content that justifies crimes against humanity, incites racial hatred or child pornography, violence or is prejudicial to human dignity, as well as the violations mentioned in the fifth and eighth paragraphs of article 24 of the Law of 29 July 1881 on the freedom of the press, and articles 227-23 and 227-24 of the Penal Code. The notification message sent to OPERA ONLINE will automatically indicate the date and time of the notification, the IP address of the person sending the notification, and a reference to the article containing the implicated Content. The User acknowledges that it has been informed that if OPERA ONLINE is notified by a third party or by any means whatsoever of the unlawfulness of Content accessible through the Services or transmitted by the Services, including messaging, OPERA ONLINE will be entitled to immediately withdraw this Content or to render access to it impossible, and, in accordance with article 6. I. 7. of Law 2004-575 of 21 June 2004 for trust in the digital economy, will turn over said content, and the User’s identifying data, to the judicial authorities upon their request.
5.9 The User is solely liable for any damages he may cause to another User or to a third party by using the Service.
5.10 In consideration of the free nature of the Services offered to him by OPERA ONLINE, the User authorises OPERA ONLINE to associate with the Content that the User distributes on any one of the Services advertising or promotional messages in the form of text, images, video or sound, chosen by OPERA ONLINE, in all forms. More generally, the User accepts that OPERA ONLINE may use (and make reference to) the Content distributed by the User in order to promote its Services. The User may in no case claim any compensation or recompense for the present authorisation. If the User wishes to revoke the present authorisation, it is his responsibility to delete his content and/or to close his Personal Account. Said revocation will produce effect only for the future. Any advertising or promotional activity that may be under way by OPERA ONLINE when the User closes his Personal Account or deletes his content will continue to its end.
Article 6: Third-party Sites
6.1 The Internet pages of the Services may contain hypertext links to Internet sites published by third parties (hereinafter, “Third-party Sites") over which OPERA ONLINE exerts no control. OPERA ONLINE assumes no responsibility for the content of the Third-party Sites or the content to which the Third-party Sites may refer. The presence of hypertext links to Third-party Sites does not mean that OPERA ONLINE approves in any way whatsoever of the content of the Third-party Sites. OPERA ONLINE is not responsible for any modification or update regarding Third-party Sites. OPERA ONLINE is not responsible for the transmission of information from Third-party Sites nor for their malfunction. These links to Third-party Sites are offered to Users only for their convenience. Users and/or Visitors are solely responsible for any transaction conducted with third parties, including advertisers, appearing on the Service’s Web pages, including with regard to the delivery of and payment for goods and services.
Article 7: Force majeure
7.1 OPERA ONLINE may not be held liable or be considered to have failed to meet the present terms and conditions for any delay or non-performance when the cause of the delay or non-performance is associated with a case of force majeure as defined by the case law of French courts, including government fiat, attack by computer hackers, unavailability of materials, supplies, parts, personal or other equipment; and the interruption, suspension, reduction or disruption of electricity or other forms of power, or any interruptions in telecommunications networks, on the condition that the other party is promptly informed of the delay or default, and of the cause and the expected delay.
Article 8: Disputes
8.1 The present Terms and Conditions of Use will be governed, interpreted and applied according to French law. In the event of a dispute as to the interpretation, execution and realisation of any of the provisions hereof, and failing amicable agreement by the parties, the competent jurisdictions shall be those of Paris for hearing any dispute related hereto, including, without this list being limiting, its validity, interpretation, execution and/or termination and its consequences.
8.2 If one stipulation of the present Terms and Conditions, or the application of such a stipulation to the User or to OPERA ONLINE, should be found by a competent jurisdiction to violate an applicable law, the other stipulations herein will remain in force and will be interpreted so as to give effect to the Parties’ intention as originally expressed. It is agreed that if one clause of the present terms and conditions should be found null and void, the other clauses will retain their full and complete effect.
Article 9: Correspondence
9.1 Any complaint or challenge by the User against OPERA ONLINE must be made in writing and sent to OPERA ONLINE no later than 48 hours after the discovery of the cause, upon penalty of debarment.
9.2 Any notification made under the terms hereof must be made in writing and sent to the address of OPERA ONLINE. The User will take care to keep any acknowledgement of receipt. These notifications will take effect on the first business day following receipt of the notification by OPERA ONLINE, unless this is technically impossible.
Article 10: Legal Notices
10.1 Publisher of the Services: OPERA ONLINE SAS, with 40,000 euros in capital, registered in the Paris Business Registry under number 513 242 511, with registered office located at 32, rue Washington – 75008 PARIS (France).
10.2 Director of publication: Mr Aurélien Pfeffer.
10.3 Hosting service provider for the Services: This site is hosted by Ouvrages ( http://ouvrages-web.fr ), registered in the Clermont-ferrand Business Registry under number B 432 601 193, with registered office located at 9 rue Philippe Marcombes 63000 Clermont-ferrand.
Article 11: Non-Forfeiture
11.1 The fact that OPERA ONLINE does not invoke a default or breach by the User of any one of its contractual or legal obligations may not be interpreted as a waiver of its right to invoke this default or breach.
11.2 The fact that OPERA ONLINE does not invoke a stipulation of the Terms and Conditions of Use or of the Special Conditions of Use carries with it no forfeiture of the benefit of said stipulation.
Article 12: General Stipulations
12.1 Considering the nature of their exchanges and in particular the dematerialisation of their relationship, the parties agree that all computer recordings in the OPERA ONLINE information system will, in the event of a dispute, have evidentiary value.
12.2 The present Terms and Conditions of Use and the Special Conditions of Use of the online services of OPERA ONLINE which they complement constitute the entirety of the agreement between the parties relating to their purpose. They cancel and replace any prior or concomitant written or oral agreement, communication, declaration or proposal bearing on the same subject. The present Terms and Conditions of Use prevail over the SCU associated with each service and any other document exchanged between the Parties, subject to any express exception previously agreed and established on the part of OPERA ONLINE.
Article 13: Applicable Law and Attribution of Jurisdiction
13.1 The present TCU and SCU will be governed by French law.
13.2 THE PARIS DISTRICT COURT WILL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE BETWEEN THE PARTIES, IN PARTICULAR REGARDING THE FORMATION, EXECUTION, INTERPRETATION, TERMINATION OR CANCELLATION OF THE PRESENT TCU AND SCU, INCLUDING FOR PROTECTIVE MEASURES, EMERGENCY MEASURES, IN THE EVENT OF SUMMARY PROCEDURES, INTRODUCTION OF THIRD PARTIES, PETITION OR MULTIPLE DEFENDANTS.