Terms & Conditions

Terms & Conditions

Legal Notice

Terms & Conditions (also known as legal notices) designate the mandatory information which must appear on this website and ensures legal transparency, also indicates to visitors and customers the identity of the private or public juridic persona issuing the information.

You might have heard already the expression widely used in public international law, persona non grata. An ancient word indeed, persona originates from the Latin. The universalism of Roman law finds its most meaningful expression in the ancient concept of “persona” used by the Roman jurists.

Persona in Roman Law

Persona is a very important legal concept that derives from the Roman Empire’s civil law. A persona is a character, in virtue of which certain rights belong to a man and certain duties are imposed upon him. Thus one man may unite many characters or personae as, for example, the characters of father and son, of master and servant.

Persona, in Roman law, was the principal juridical category which was able to include in itself all the homines without any discrimination, omnes homines sunt personae. For the Roman iurisprudentes, the concepts of persona and homo were reflecting the two different viewpoints of the same anthropologic identity: the human being.

The ancient juridic concept of the persona consisted in its ability to refer to every possible action played and words spoken by an individual and only by that individual in this World’s greater “Theater of Laws”. Nowadays, we seem to forget the real value of the valid concept of persona.

AVATTAVA is responsible for this website’s content and due maintenance. AVATTAVA Technology, also simply known as AVATTAVA, is a non-juridic association located in France.

Non-Juridic Association

According to French Law, an association can exist without having completed any formality or declaration. Then, we call it a de facto association, as it exists by and for its members, but having not been declared to the prefecture, juridically it has no legal personality.

De Facto Terms & Conditions

By these terms & conditions and by not having legal personality, in principle, the undeclared and de facto AVATTAVA Technology association cannot:

  • Contract in his name.
  • Acquire property (movable and real estate).
  • Take legal action.
  • Incur any liabilities.
  • Hire employees.
  • Receive public subsidies, donations or legacies from individuals.
  • Benefit from any administrative approval.

The acts that our non-juridic association carries out are, in principle, absolutely null and void, which means that this nullity can be requested in court by all those who have an interest in invoking it, including the public prosecutor.

However and because a de facto association is technically legal (since it exists in our society and it is recognised by the iuris prudentia), certain relaxations are allowed:

  • The property acquired by the association is (in principle) the undivided property of its members.
  • Any contract concluded in the name of the association binds the person who presented herself as representative of the group of persons.
  • If a person presents herself as an agent of all the other members of the associative group, all will be jointly liable for the act undertaken; the same applies if they are traders and the act in question is a commercial act.
  • You cannot donate to our non-juridic technology association, but you can donate to any of its members, obviously.
  • Be advised. As any individual has rights and duties in our modern European societies, so do our members have the right to defend AVATTAVA Technology’s interests by taking legal action on their own, despite the fact that our association itself cannot take legal action.

Finally, it was accepted in the past that the undeclared and de facto association could be taken to court and be sued, but nowadays this view has been rejected by the French Courts of Law.

WebMaster

You are currently connected to the website AVATTAVA.xyz and its webmaster works in the South of France. Any opinion or comment(s) on the way how we operate or should operate our website and which content should be displayed, within the concepts of our terms & conditions, can be made via our Contact webpage.

We kindly advise you to carefully read our Privacy Policy.

Intellectual Property Rights

The graphic charter, the logotype, the graphic visuals as well as the design and technical production of this website were carried out by one or more of our members.

This entire website is subject to international legislation on copyright and intellectual property, with regard to each of the elements of its content (texts, images, photos, visuals, data, etc…) and its form. The contents appearing on the pages of this website are the exclusive property of AVATTAVA Technology and its members.

Fraudulent use of any content on our website is completely prohibited.

The reproduction or representation, in whole or in part, of our web pages, personal data or company data and all other elements constituting the website (texts, images, photos, visuals, etc.), by any process or medium whatsoever. either, is prohibited and constitutes, without the express prior authorisation of the publisher(s), an infringement punishable by articles L335-2 et seq. of the Intellectual Property Code.

Any total or partial reproduction of the logotype or any other elements of our website without the express and prior authorisation of AVATTAVA Technology associated members, is therefore prohibited, within the meaning of article L713-2 of the Intellectual Property Code. Likewise, any use of the content on this website for illegal purposes will be subject to legal action against offenders.

Legal Notices and Mandatory Information

Legal Notices and Criminal Prosecutions

The members of AVATTAVA Technology inform you that they will make extensive use of their intellectual property rights to initiate criminal proceedings, if necessary and in accordance with these legal notices. We can assure you that our association, AVATTAVA, undertakes the best efforts to ensure accessibility of the website to visitors at all times.

AVATTAVA Technology cannot be held responsible in the event of unavailability of the website, for any reason whatsoever. The internet is not 100% secure and despite our best efforts, power supply outages are still possible. This is unfortunately the reality, which is why we mention it in our legal notices.

Legal Notices and External Links

The AVATTAVA.xyz website provides links to other websites, such as the WordPress.org and Cloudflare. These links are established in agreement with the websites concerned at a time when AVATTAVA may have deemed it appropriate to do so, taking into account the contents and services of those websites.

AVATTAVA cannot be held responsible for the content of those websites and the use that may be made of them by users, as well as for the impossibility of accessing the web pages targeted by these links following the deletion of the latter or possible technical failure of these third-party websites.

Legal Disputes

These legal notices and conditions of use of AVATTAVA.xyz website are governed by the French Laws and any dispute or litigation which may arise from the interpretation and/or the execution of these conditions will be examined under the exclusive jurisdiction of the French Courts of Law, but the reference language to settle any disputes is English, also known as British English, as it is spoken and written in England (integral part of the United Kingdom).

Good Manners

Our legal notices follow a very simple logic: DO NOT make comments of a defamatory or aggressive nature. DO NOT make comments of a provocative or insulting nature or any comments contrary to public order and the French Laws or European regulations in force. Please, DO NOT post any spam, advertisements or links to websites with thematic content different from any webpage visited on this website.

Respect our work. We are open to positive remarks and negative opinions if they are not denigrating, violent or insulting and they allow a dialogue to be established between us and you. THANK YOU.

Terms & Conditions updated on April 26, 2024