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GENERAL TERMS AND CONDITIONS FOR THE USE OF THE CONSUMER SPACE
The service is provided to establishments by the company CToutVert, located 94 bis avenue des Minimes in Toulouse (France) and listed with the number 433 265 618 in Toulouse commercial court, contact@ctoutvert.com. The use of this service is defined by the present terms and conditions you are to read carefully. To use this service, you agree to respect the following rules entirely and without conditions. If you do not agree with the present terms and conditions, you are not allowed to use this service. CToutVert reserves the right to modify the present terms and conditions. We advise you to check and read the latest version of the terms and conditions. In any case, the terms and conditions will be modified regularly to fit the legal and/or regulation requirements. The modifications in the general terms and conditions will be opposable to the User the moment they are published on the site. The User is reputed to be aware and accept the latest version of the terms and conditions any time he uses the site. Only the persons who have completed the form correctly with the compulsory information will be allowed to open an account and use this service. You are to give only accurate and complete information. In any case, if the information provided is doubted to be untruthful, CToutVert reserves the right to block access to the service without prior notice. Then CToutVert reserves the right to refuse any subscription on the site without any motivation. The present terms and conditions for use (hereinafter “Terms and Conditions’) describe the terms and conditions according to which CToutVert provides a service of sharing holiday photo albums. The provided service only aims at sharing your camping holidays; the service shall in no way be used as denigration, defamation, other people’s rights infringement, especially on images and copyright.
Article 1 - OBJECT CToutVert provides an exclusive and free service to share camping holiday’s experiences. The present terms and conditions aim at enabling the User to put contents on-line, on the Internet network under his own responsibility. The contents are managed by only one User through a creation and publishing tool available on-line and accessible with a login and a password. The creator is liable for the contents posted on-line. The User is liable for the way he uses the functionalities and technical tools provided by CToutVert. Article 2 – GENERAL DESCRIPTION OF THE SERVICE On the website, CToutVert proposes a tool enabling anyone who wishes to subscribe to create a space where they can publish contents about their holiday experiences. Each User will have a Login and Password to access and manage his space and change it as he wishes. The User guarantees his Login and Password are confidential and he is liable for all the actions made under his Login and Password. All users have access to the functionalities of the site. Here is a non-exhaustive list of available functionalities: - Slide-show creation tool - E-mail links to send slide-shows - Picture storage
ARTICLE 3 – USERS’ OBLIGATIONS The service is a shared friendly space implying each user respects the other and law is respected by all users. Any user agrees to show discernment in using the services and tools provided by CToutVert. The User agrees to publish contents in accordance with the rules and laws in force. The User is the only one liable for the contents displayed on the Internet. In no way, shall CToutVert be considered liable for the content published by a user according to the law in force. The user commits themselves not to (on pain of legal proceedings): - Transfer pictures with recognizable natural people (without prior agreement from them for publication/download of their pictures on websites accessible to the public); - Transfer any message which content would infringe intellectual property and property right belonging to a third party; - Access and try to access the account of another user of the site; - Transfer any message with promotional, commercial character and/or displaying telephone numbers; - Transfer undesirable advertising messages, correspondence chains and undesirable mass message sending ; - Infringe in any possible way the image and reputation of any natural person and legal entity with libellous, false, pornographic, insulting, obscene, racist, homophobic, sex incentive, religious and any other kind of remarks and comments. Praising acts endangering children especially through the making, transportation and diffusion of messages with violent, pornographic character heavily infringing human dignity; - Transfer, send, download any content that could be constituent, without being restrictive, for incitement to commit crimes and offences, to hatred and violence against races, ethnic groups and nations; wrong information; infringing legal authority and information; - Collect, store and spread personal data of other users of the site to third parties; - Sell or provide, against payment or not, the services provided by CToutVert to a third party. The User should inform CToutVert immediately for any lawsuit and any complaint against some content. He will answer CToutVert demands especially about the presumed content going against the rules of good morals stated in the present terms and conditions. Article 4 – PUBLISHING POLICY When subscribing, you agree CToutVert has irrevocable right to publish on-line all the contents available. These contents can be freely modified, used, copied, published, translated and displayed by CToutVert without prior notice on their web portals and partners’ portals. No retribution will be given for copyrights. Contents won’t be put on-line directly, they will be displayed after checking they fit the general terms and conditions. This check will be made as quickly as possible. The company CToutVert reserves the right to modify, block, refuse and suspend any content put on-line via the service without prior notice. Users can warn CToutVert in case of violation of the present terms and conditions via the ‘Disclaimer’ link available at the bottom of each page of the site. Users displaying contents on the site pages are liable for everything they publish. In no way, shall CToutVert be held responsible for the relevance and accuracy of the contents published. Users agree they have the rights and permissions related to the contents published on the site (copyright/permission from the people named, represented, who can be identified in the contents, especially about image right, private life and protection of personal data). Users are liable if people appearing on pictures sue CToutVert on the account of image and/or private life right. CToutVert can take action against the author. Article 5 – CToutVert liability As a host, CToutVert cannot be held responsible for the content and personal pages of the User. As the publisher, the User agrees and acknowledges being liable for the information, texts, images, data and files displayed. The User agrees to transfer the data and contents under his own liability and with full knowledge of the facts. The User is responsible for any prior saving he thinks necessary. Article 6 – Information and confidentiality According to the French law from January, 6th 1978 (modified) related to informatics, files and liberties, the automatic data processing of names from the site was declared to the National Commission on Informatics and Liberties [Commission nationale de l’Informatique et des libertés (CNIL)]. According to the French law n°78-17 from January, 6th 1978 (modified), the User is able to access his personal data registered by CToutVert anytime to have it modified or erased. According to the rules in force, the User can thus ask his personal data to be changed, completed, revised and erased. Unless the User agrees, no personal information will be transferred to third parties. When an account is closed, data related to the User will be registered and confidentially stored by CToutVert on proof purposes, according to the rules in force. Ctoutvert also implements ‘cookies’ to provide a more secure access to the User’s space. Article 7 – Applicable rights The present terms and conditions for use are submitted to French law and any lawsuit related to their interpretation and/or execution comes under the authority of French courts. In case, one of the clauses in the present terms and conditions for use is considered null or ineffective, it would be reputed not written and this will not affect the other clauses of the conditions.
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