I. PREAMBLE
1. Yamaboushi (hereinafter referred as «Editor») is editor of the website on the url address montpellier.anoc.fr (hereinafter referred as the «Site»).
Legal information :
Company: Yamaboushi
Address: 3 avenue du jeu de mail, 34170 Castelnau-le-Lez
Publishing director: Yvan Taviaud.
2. The Site is a website of information allowing the user, besides the consultation of its contents, and subject to its preliminary registration, to put on-line, to store, to share and to comment on its personal contents and on the collective contents. Every subscriber to the Site (hereinafter referred as the «Member») has a personal space where he can present all his articles and comments. The Site is not conceived for the protection of contents posted by the Member. Therefore, it is up to the Member to take necessary measures for that purpose.
3. These Terms and Conditions (hereinafter referred as the «Agreement») govern the use of the Site and of the services provided by Editor (hereinafter jointly referred as the «Services»), including participation in the discussion forums (hereinafter referred as the «Forums»).
4. The registration is open only to adults. The persons who had not attained majority may register only under supervision of an adult.
5. The Services are provided free of charge. The Member acknowledges that Editor shall be entitled to charge for the Services and to change its fees at its sole discretion. Should Editor terminate the Membership because of a breach of this Agreement by the Member, the Member shall not be entitled to the refund of any unused portion of service charges.
II. CONTENTS AND COPYRIGHT
1. The contents furnished by the Member to the Site, including its Forums (hereinafter referred as the «Contents»), is not private.
2. The Member undertakes not to post any prohibited Contents or carry out prohibited activities as described in article II(4) and (5) of this Agreement.
3. The prohibited Contents includes, but is not limited to the Contents that at the sole discretion of Editor:
1. is offensive, indecent, defamatory, libelous, sexist, violent or obscene or promotes such a conduct;
2. promotes racism, bigotry, hatred, violence, xenophobia, pornography, pedophilia, zoophilia, pedophilia, or physical harm of any kind against any group or individual;
3. promotes false, inaccurate, incomplete or misleading information;
4. promotes an illegal or unauthorized copy of another person's copyrighted work, such as computer programs, audio and video files or photos, including links to them;
5. promotes computer programs providing information to circumvent manufacture-installed copy-protect devices;
6. involves transmission of "junk mails," "chain letters," or unsolicited mass mailing, unauthorised advertising, "spimming," or "spamming";
7. harasses or advocates harassment of another person;
8. exploits people in a sexual or violent manner;
9. contains nudity or a link to an adult website;
10. is encrypted, invades anyone's privacy, encourages conduct that would constitute a criminal offence or give rise to a civil liability;
11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible website);
12. involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. furthers or promotes any criminal activity or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, providing or creating computer viruses, child pornography, fraud, drug dealing, gambling, harassment, spamming, spimming, sending of viruses or other harmful files, infringement of intellectual property rights;
14. solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
15. discloses information allowing the specific and precise identification of other Member(s), such as the surname, the mailing address, the e-mail address, the phone number;
16. includes a photograph of another person posted without that person's consent; or
17. otherwise breaches this Agreement or all and any applicable laws and regulations.
4. Prohibited activities on or through the Services (hereinafter referred as the «Activities») include, among others, activities related to prohibited Contents and activities that at the sole discretion of Editor:
1. criminal or tortious activity;
2. any automated use of the system, such as using scripts to add friends or to send comments or messages;
3. use of the Services for the purposes of propaganda, proselytism, in a professional or commercial purpose and for political, religious or sectarian purposes;
4. interfering with, modifying, disrupting, or overloading the Services, networks, hardware, software, server or services connected to the Services in any way;
5. attempting to impersonate another person;
6. use of an account, username, or password of another Member or disclosing the Member’s password to any third party or permitting any third party to access the Member’s account;
7. selling or otherwise transferring the Member’s profile;
8. use of the Services in a manner inconsistent with any and all applicable laws and regulations.
5. The Member shall be solely responsible for its Contents and activities carried out on our through the Services. The Member undertakes to (i) immediately notify Editor via e-mail of any complaint or action of any third party concerning the Member’s Contents, to (ii) immediately answer via e-mail any demand of information relating to any third party’s complaint or action that Editor become aware of and (iii) immediately inform Editor via e-mail on any contents accessible on or through the Services (i.e. the Site contains links or other references to another online location) that it finds contrary to his copyrighted work, this Agreement or any applicable laws or regulations. The notification pursuant to article II (5) (iii) of this Agreement shall comprise:
1. an electronic or physical signature of a copyright owner or his authorised agent;
2. document proving authorisation of an agent to act on behalf of a copyright owner;
3. description of the copyrighted work;
4. description of a location of the material infringing copyright;
5. address, telephone number and e-mail address of an announcer;
6. declaration that the above information in the notice is true, complete and accurate.
6. Editor shall assume no responsibility for deleting any contents on the Site, nor shall it assume any liability for the contents accessible on or through the Services (especially through links placed on the Site) and it shall not be bound to monitor, modify or remove any inappropriate, prohibited or illegal contents. Editor makes no warranties, express or implied, as to any content available on or through the Services or to completeness, accuracy and reliability of this contents or any material or information transmitted on or through the Services. However, Editor may delete any contents that it considers to be prohibited or otherwise contrary to this Agreement or which it finds breaching the rights, causing harm or threat to any third party.
7. The Member hereby grants to Editor a non-exclusive, unlimited, royalty-free, sublicensable, worldwide license of use of intellectual property rights attached to the Contents supplied by the Member for the purposes of distribution, commercial or non-commercial, on or through the Services. The licence is granted for an indefinite period. This license particularly includes the right to reproduce, republish, publicly display, publicly perform, sublicense, create derivative works from, transfer, transmit, represent, adapt, modify, amend, disseminate, translate, transform, digitize the Contents on any and all the Services (including the Site) and on any and all supports of electronic communication (e.g. E-mail, SMS, MMS, WAP, Internet, CD-ROM or DVD-ROM) and to sell any information constituting the Contents. The Member expressly authorizes Editor to modify his Contents in order to respect the graphic charter of the Services or the other above-mentioned supports of communication and\or make it compatible with its technical performances or the sizes (formats) of the concerned supports.
8. Editor reserves the right, but undertakes no duty, at its sole discretion, to reject, refuse to post or remove any Contents (including private messages) at any time, for any reason or without any reason, without giving a prior notice and without any liability.
9. The Member must not post, modify, distribute, or reproduce in any way any material owned by any third party without a prior written consent of the copyright owner or its authorised agent. Upon receipt of a notification of the copyright owner or the copyright owner's authorised agent meeting requirement of this Agreement Editor shall be entitled to restrict, suspend or terminate Member’s access to all or any part of the Services.
III. MEMBER’S OBLIGATIONS
1. The Member undertakes to use the Services for the personal use only and not for commercial purposes. The Member acknowledges that any commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
2. The Member undertakes, among others, to:
1. be loyal to Editor and other Members;
2. respect intellectual property rights relative to the contents supplied by Editor and by other Members;
3. respect measures proposed by Editor to protect the Members’ privacy (including a request for change of the Member’s password);
4. use the Services in accordance with this Agreement and to abide all Membership obligations pursuant to this Agreement;
5. post or spread only videos the technical characteristics of which meet these requirements:
MAXIMUM DURATION: 10 minutes
MAXIMUM SIZE OF A FILE: 150 MB
SIZE/FORMAT: jpeg, avi, mp3
IV. LINKS
1. For information purposes Editor, other Members or third parties may include hypertext links on the Site towards other websites. The Member acknowledges that existence of hypertext link does not mean an endorsement or approval of another website or its contents by Editor. The Member acknowledges that Editor shall not be liable for making these websites accessible, nor for their advertisements, products, services or other contents or functionality of these websites.
2. Any Member’s or third party’s website that links to this Site must not (i) create a frame or any other browser or border environment around the content of this site; (ii) imply that Editor approves the website, its contents, products or services; (iii) use any Editor trademark displayed on any Editor’s site without a prior written permission from Editor; (iv) infringe any intellectual property or other right of any person; (v) contain prohibited contents in the meaning of this Agreement.
3. Editor expressly reserves the right to request that any link breaching this Agreement may be removed or suspended and to take whatever other action it deems appropriate.
V. ADVERTISING AND PROMOTIONS
1. Editor reserves the right to run advertisements, offers, competitions and promotions at any time on the Site. Editor may authorise any third party to run advertisements, offers, competitions and promotions on the Site. Each of these offers shall be subject to its own terms and may not be available worldwide.
2. In order to protect Members from advertising or solicitation by other Member, Editor shall be entitled to restrict the number of e-mails which a Member may send to other Members in a twenty-four hour period to a number which Editor considers appropriate.
VI. TRADEMARKS
1. Editor and its partners are the exclusive holders of all the intellectual property rights concerning both the structure, graphics and the contents of the Site, except for the Member’s Contents.
2. Use, reproduction, copying, modification, publication, distribution, sale, translation or redistribution of trademarks, service marks or logos without prior a written permission of its owner is prohibited.
VII. LIABILITY AND DISCLAIMER OF WARRANTY
1. The Member acknowledges that he uses the Site, its contents and any of the Services at his own risk. The Site, its contents and the Services are provided «as is». Editor expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of accuracy, reliability, completeness, title, security for download, merchatability, non-infringement, fitness of a particular purpose or any other warranty, condition, representation of any information and other contents provided on or through the Services.
2. Furthermore, Editor makes no warranty, implied or explicit, that any part of the Services will be error-free, virus-free, timely, uninterrupted or secure.
3. Editor shall not be liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, hardware, failure of any e-mails or players due to technical problems or traffic congestion on the Internet or on any of the Services, action or failure to act by any third party, any governmental or regulatory intervention, or combination thereof, as well in case of force majeure.
4. The Services are in accordance with Czech laws and regulations. Editor shall not be liable for non-adherence to legislation of the country of connection to the Services.
5. The Member commits itself to indemnify Editor and keep it harmless from any direct, indirect, incidental or consequential loss, damage, claim, liability, costs, expenses, actions, proceeding and other liability whatsoever (including legal fees and costs) arising out of or in connection with a breach of any provision of the Agreement by the Member, including but not limited to, the his Content legality, a breach of intellectual and/or industrial property rights and/or any matter relating to lawfulness or quality.
VIII. PRIVACY POLICY AND DATA PROTECTION
1. The Member hereby authorises Editor to process his personal information for the purposes of this Agreement and during its existence. Editor shall not disclose or permit disclosure of any personal data to any third party without having a written authorisation from the Member, unless it shall be required by law or by a decision of a competent statutory or judicial authority or, if it turns out necessary for the protection rights and interests of Editor.
2. Furthermore, the Member explicitly authorised Editor to share sociodemographic information of a general character (i.e. not enabling to indentify the Member) with Editor’s business partners in order to allow them to target their announcements (by categories of age, sex, etc.).
3. The only data collected automatically by the Site are IP address and cookies.
4. Editor reserves the right to send information regarding development or modifications of the Services to the Member via e-mail.
5. Editor or its business partners shall be entitled send to the Member, subject to his free preliminary consent give during his registration, promotional offers of Editor’s business partners. The Member may revoke his consent with receipt of promotional offers from Editor and/or its business partners (or some of them) at any time, by modification of his registration form.
6. Editor shall comply with all requirements for processing personal data and information in accordance with and for the purposes of this Agreement. It represents, warrants and undertakes to comply with all applicable data protection laws and regulations.
Editor shall take all appropriate measures to safeguard personal data.
7. Certain information, indications or Contents (photography or video), which the Member optionally supplies, may reveal sensitive information (e.g. his religion, nationality, ethnic origin, sexual orientation). Editor shall not be liable for dissemination or misuse of this information. By revealing this information the Member explicitly consents with its processing by Editor during existence of this Agreement.
8. Web push notifications: We provide news and updates on our sites via web push notifications.To benefit from this free service, operated with our push provider WonderPush (https://www.wonderpush.com/), you must first register by clicking on an authorization request controlled by your browser and your device when you visit our website. The navigation data that we may store and process in order to operate this service and send you relevant messages are anonymized and kept on WonderPush servers for a maximum of 90 days and are never shared with third parties. We do not store any recognizable data or any IP address about you or your device as part of the push notification service. You can stop receiving our web push notifications at any time by unsubscribing. Here's how to manage your push web subscription and delete the associated data
(https://docs.wonderpush.com/docs/manage-your-data-and-unsubscribe-from-web-push-notifications)
9. Right to erasure ("right to be forgotten")
9.1) The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
d) the personal data have been unlawfully processed;
e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
9.2) Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
9.3) Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
a) for exercising the right of freedom of expression and information;
b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e) for the establishment, exercise or defence of legal claims.
IX. APPLICABLE LAW AND FORUM
1. This Agreement shall be governed by the Law Europe and Vietnam.
2. The Parties hereby agree that all disputes arising out of or in connection with this Agreement shall be decided by the courts of Europe and Vietnam. The Parties further agree that a territorial competence of the court in Europe and Vietnam and shall be determined according to the registered office of Editor.
3. The Member expressly agrees to submit to the exclusive jurisdiction of the Europe and Vietnam courts regarding any claim or matter arising out or in connection with this Agreement.
4. Notwithstanding this article IX. Editor reserves the right to bring proceedings at its sole discretion in the courts of residence of the Member.
X. TERMINATION
1. Every Member shall be entitled to withdraw from this Agreement at any time for any reason or without any reason by an electronic demand made through his account asking for closing his account. The termination shall come into effect on a working day following the reception of the demand by Editor.
2. Editor may at any time, for any reason or without any reason terminate this Agreement by giving a one-month notice of termination.
3. Editor may withdraw from this Agreement if it considers that the Member broke this Agreement with a ten-day notice period. During the aforesaid ten-day period Editor may restrict or suspend the Member’s access to the Services. Should the Member materially or repeatedly breach this Agreement, Editor may withdraw from the Agreement with an immediate effect. Non-adherence to articles II(2), III, IV(2) or VI(2) of this Agreement shall be particularly considered as a material breach of the Agreement.
4. The withdrawal notice or a notice of termination of the Editor may be sent electronically to the e-mail address mentioned in the Member’s registration form.
5. The Member’s account shall be closed on the day of effectiveness of termination of/withdrawal from this Agreement.
XI. MISCELLANEOUS AND CLOSING PROVISIONS
1. Language versions – This Agreement may be executed in more language versions. The decisive language version of this Agreement shall be the English version.
2. Notices – All notices, statements, requests, notifications, letters, records and other documents relating to this Agreement shall be in writing and in the language of this Agreement and shall be delivered in person, by facsimile, mail, or e-mail: for Editor - to the addresses or fax number stated in Article I(1) of this Agreement, for the Member – to the addresses or fax number stated in the registration form. Inasmuch as any document is sent via e-mail, it shall be delivered at the moment of receipt of mail delivery system receipt on successful delivery to the addressee. Inasmuch as any document is sent via fax, it shall be delivered at the moment of receipt of a fax confirmation on successful delivery to the addressee. Inasmuch as any document is sent by mail or in person it shall be delivered by its take-over by the addressee or his refusal to take-over the document. Inasmuch as any document is sent by registered mail, it shall be deemed to be delivered to the addressee on the seventh (7th) day after being sent unless there will be a proof of sooner delivery.
3. Property Rights - Except as set forth herein all intellectual and industrial property rights and any information supplied or developed by the parties shall remain the exclusive property of the party who supplied or developed them. For clarity, no right, title, or interest in one of the Parties’ intellectual and industrial property right is intended to be given to, or acquired, by the other party through the execution of this Agreement.
4. Survival - The parties agree that where the context of any provision indicates an intention to survive the term of this Agreement, then it shall survive. All representations, warranties, indemnities and contractual penalties shall survive the termination of this Agreement.
5. Waiver - No waiver of any provision of this Agreement or any rights or obligations of any of the parties will be effective save in writing and signed by a duly authorized representative of the party concerned. No delay or failure of any of the parties in exercising or enforcing any right under this Agreement, either wholly or partially, will constitute a waiver of that right.
6. Force Majeure – None of the parties shall be responsible for any failure to comply with, or for any delay in the performance of the terms of this Agreement if such failure or delay is directly or indirectly caused by or in any manner results from events of force majeure, including but not limited to flood, earthquake, civil disturbances, war, acts of terrorism, rationing, embargoes, fire, strikes or labour problems, delays in transportation, or acts of any government or any branch or agency thereof.
7. Independent Contractors - The parties are independent contractors and nothing in this Agreement shall be interpreted as creating a partnership, agency, joint venture or an employment relationship. Neither party shall be liable nor bound for the obligations, acts or activities of the other party. This relationship shall not permit either party or any of the party's officers, directors, employees, agents or representatives to create or assume any obligation on behalf of the other party for any purpose whatsoever.
8. No Additional Business Restrictions – The parties retain the unfettered rights to create market, promote, display, perform, sell, distribute and otherwise exploit any and all products and services not subject to this Agreement. Each party may freely own, operate, and be affiliated with, other enterprises of every kind, including but not limited to, entities in direct competition with the other party. Nothing in this Agreement shall be construed or interpreted to limit or prevent the parties’ abilities to conduct their businesses in relation to matters not subject to this Agreement.
9. Pieces of Evidence - In case of any discrepancy between registers computerized by Editor (such as e-mails, registration forms, downloads of contents, publications of contents and posting of comments) and documents in paper or electronic form kept by the Member, registers computerized by Editor shall prevail.
10. Assignment - The Member shall not assign this Agreement (rights and obligations pursuant to it) to any third party without a prior written consent of the Editor. If the assignment is approved by the Editor, a relevant third party shall be obliged to adhere to all and any obligations and terms arising out of this Agreement. Editor shall be entitled to assign the Agreement (rights and obligations pursuant to it) unilaterally to any third party.
11. Binding Effect - This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assignees.
12. Entire Agreement - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations, discussions, contracts, promises, conclusions, statements, declarations, commitments, arrangements, warranties, representations and/or guarantees, whether oral or written, of the parties and/or a member of the executive and/or other body, manager, employee, agent and/or representative of any of the parties, unless otherwise stated herein.
13. Amendments – Editor may modify this Agreement by putting a new version on the Site. Continued use of the Services by the Member shall constitute its acceptance of any amendments to this Agreement.
14. Severability - In case that any provision of this Agreement is held to be unenforceable or invalid under applicable law: (i) such unenforceability or invalidity shall not affect any other provision of this Agreement; (ii) this Agreement shall be construed as if the said unenforceable or invalid provision had not been contained herein; and (iii) the unenforceable or invalid provision shall be replaced by a provision with the effect nearest to the provision being replaced.
15. Headings – The headings are for convenience only and shall not affect the interpretation of this Agreement.
16. Costs - Each party shall bear its own costs of legal and other services (e.g. mediation, brokerage and other services) incurred in coherence with conclusion and operation of the Agreement.
17. Further Assurances - The parties declare to be apt to conclude this Agreement and to fulfil obligations arising out of it.
18. Validity and effectiveness: This Agreement is valid and effective upon the Member’s first use of the Services.
19. Final declarations - The parties declare that this Agreement has been concluded freely and seriously, neither under duress nor on blatantly disadvantageous conditions, and that their right to dispose of their property is not restricted from the point of view of this Agreement. The Member furthermore confirms that he has duly studied this Agreement before its acceptance and that he fully understand all its provisions.
