§1 Publisher

This website is the property of Diana Food SAS, with a capital of 9,511,920.00 EUROS whose registered office is La Gare, Antrain– 35560 VAL-COUESNON - France registered at Rennes RCS under number 308 235 175. Intracommunity VTA number FR75 308 235 175 Tel: +33 (2) 99 29 20 30 — contact(at)diana-food.com Publication Director: M. Fabrice BOHIN

§2 Internet Host

The Internet hosting entity which is responsible for the direct and full-time hosting of the portal is: Maxcluster GmbH – Technologiepark 8, D-33100 Paderborn, represented by Alexander Wilhelm and Sebastian Ringel, under the commercial register HRB 10453, Amtsgericht Paderborn.

§3 Terms of use

By using the Site, you consent to the terms of use (hereinafter the “Terms of Use”) expressed here under and agree to be bound by them. These apply exclusively to your access to, and use of, this web site and do not alter in any way the terms and conditions of any other agreement you may have with the Company.

§4 Definitions

Company” and/or “Diana Food” means Diana Food SAS, having its registered office at La Gare, Antrain – 35560 VAL-COUESNON, France and its affiliates.

Affiliate” means any individual, trust, business trust, joint venture, partnership, corporation, association or any other entity which (directly or indirectly) is controlled by, controls, or is under common control with a Party. For purposes of this definition, the term “control” (including, with correlative meanings, the term “controlled by” and “under common control with”), shall mean the possession (directly or indirectly) of power to direct or cause the direction of the management or policies of the applicable Party.
Site” means the website https://www.diana-food.com and its connected web pages. 

§5 Contacts

You may address technical questions, comments as well as general questions about the Site to Diana Food Communications and other requests as indicated in the followings paragraphs. 

§6 Submissions

Except as otherwise provided in a separate written agreement between you and the Company, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of email or electronic submissions to the Company, or postings at this Site, are non-confidential and shall become the sole property of the Company to the fullest extent permitted by applicable law. The Company shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or additional compensation to you. In the event applicable law operates to prevent the Company from becoming the sole owner of any such property, then this provision shall be effective as granting to the Company (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, nonexclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.

§7 Copyright, trademark and permissions

You acknowledge that the Company or third party granting rights to the Company, hold title to all materials on the Site, which are the copyrighted works of the Company or such other third party, with all rights reserved. Such materials include but are not limited to design, text, graphics, files, photographs, video and audio clips, and the selection and arrangement thereof.

The Company authorizes you to view and use the Site with the followings restrictions: i) use must be solely for your personal informational and non-commercial use; ii) downloading is limited to one electronic or hard copy of limited portions; iii) each page downloaded must include this copyright statement displayed in a prominent position; iv) materials cannot be modified, forwarded, displayed, distributed, performed, or published in any media without the prior written permission of the Company. You may not frame or use framing techniques to enclose any portion of this Site without the express written consent of the Company.

You may not use tags or any other hidden text using the Company name or trademarks and services marks without the express written consent of the Company. No commercial use of the information on or under this Site is licensed or permitted. The use of automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information on this Site is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual.

The term “Diana Food” and its derivatives, the logos on this Site, the products and services described in this web site and the distinctive designation of such products and services are trademarks, trade names, or service marks of the Company and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of the Company or their respective owners, and then with the proper acknowledgements. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

§8 Forums, interactive spaces, displays and returns

You agree not to upload to, distribute, or otherwise publish through the Site any content that is unlawful, libellous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable, or that would constitute or encourage criminal offense, violate the rights of any party, or otherwise create liability or violate any law. On the Site you cannot, without the express written approval of the Company, distribute or publish promotions, advertising or solicitations for funds, goods, or services. You shall remain solely liable for the content of any messages or other information posted by you on the Site, and the Company takes no responsibility and assumes no liability for the content of posted or uploaded materials.

The Company reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive, or otherwise inappropriate.

§9 Copyright infringement by postings

By posting software or other content to the Site, you warrant the Company (and we rely on this warranty) that such items are known to you to be free shareware or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright.
Upon receiving written notice to Diana Food Communication that any items posted on this Site is believed to infringe a copyright or other proprietary right, we will remove said work and will not permit its reposting. We make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this site, and we will assume no liability for any losses or damages alleged to arise from use of or reliance on such software. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted on this Site.

§10 The Company software

Any software of the Company, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Site is licensed to you by the Company for your personal, non-commercial use, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble, or create derivative works from any Software.

§11 Hyperlinks

The Company makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature, or reliability of web sites accessible by hyperlinks from the Site, or web sites linking to the Site.

§12 Financial-material disclosure

The Site together with any documents issued by the Company and available through the Site may contain statements that constitute forward-looking statements. Those statements may appear in a number of places in the Site and can be identified by the use of forward-looking terminology such as “believe”, “expect”, “plan”, “may”, “will”, “should”, “anticipate” or similar statements or the negative thereof or other variations thereof. Such forward-looking statements include, without limitation, statements made as to the future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution, and replenishment systems and operating efficiencies, sales and earnings estimates or trends, and expansion plans and projections. Such forward-looking statements are based on current expectations and by their nature involve known and unknown internal and external risks, uncertainties, and other factors that may cause the actual results, performance, or achievements to be materially different from those expressed or implied.

§13 Disclaimer

The Site and the materials under the Site are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not represent or warrant that material in the Site are accurate, complete, reliable, current or error-free. The Company does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components.

The Company reserves the right to change any and all content contained on this Site at any time without notice. References to any products, services, processes, or other information, trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.

§14 Limitation of liability

In no event shall the Company be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of the Site or the materials contained in, or accessed through, the Site.

§15 Applicable law

The laws of France shall govern the construction and interpretation of these Terms of Use and the rights of the parties hereunder.

By accessing or placing orders under the Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and by all applicable law and regulations. Visitors who do not agree with these Terms of Use should not access or place orders through the Site. Any controversy or claim arising out of or relating to your use of the Site or any services provided here under shall be settled by binding courts to be held in the French language in Rennes, France.

§16 Termination

Notwithstanding any of these Terms of Use, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site.

§17 Severability

If any provision of these Terms of Use shall be deemed unlawful, void or, for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

§18 Language

It is at the express consent of the parties that the present Terms of Use are written in English.

§19 Changes of the Terms of Use

The Company reserves the right to change, modify, or update these Terms of Use at any time, in whole or in part, without notice. These changes will come into force as of the date of the new Terms of Use’s publication. The date of the last update is presented below.