NB: Access to (and use of) this website and service is subject to the full and unconditional acceptance of the General Terms and Conditions of Use (GTCU). Please read these Terms and Conditions before deciding to use this service.
Definitions
This website is a web-based platform for collaborative sharing and management of information and documents related to the life of one or more real estate condominiums. It is made available to a restricted public by means of a private and secure access. This website is initiated and maintained by Mr. Nicolas WHITBY, hereafter referred to as « the Principal Administrator ».
Definitions :
- "Site": this website and each of the services available at any time on or via this site.
- "Service" refers to any type of services, including but not limited to, information, newsletters or communication services provided directly or indirectly to a contributor or user through the Site.
- "Content" refers to all information, whether it is text, software, sound recordings, photos, videos, databases or any other data subject to copyright, included in, or appearing on the Site .
- "User" refers to any person who uses in any manner whatsoever the Site or any of the services offered by the Site.
- "Contributor" refers to any person who contributes in any way whatsoever to the Site, directly or indirectly.
- "Contribution" refers to any Content created by a Contributor to the Site. A Contribution can be integrated dynamically and directly on the Site by the Contributor or transmitted to another User in charge of integrating it on the Site in its place.
- "Third Party Sites" refers to any other site that either provides or sells services from our Site, is accessible from our Site, or to which our Site refers.
Acceptance of the GTCU
As a User of the Site, you fully agree to the following Terms of Use. By accessing the Site you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you refuse or make any reservations to these Terms of Use, please leave the Site. The continued use of the Site constitutes the implied endorsement of these Terms of Use. The Principal Administrator of the Site reserves the right to refuse access to the Site, unilaterally and without prior notice, to any User who does not respect these Terms of Use. The Principal Administrator of the Site reserves the right to modify these Terms of Use without notice and at any time. Modified versions of these Terms of Use will become effective upon posting on the Site. Again, continued use of the Site will constitute your agreement to the changes made to the Terms of Use.
How the Site Works
The Site is hosted on a remote computer called « Server » and provides access to its features to Users through a broadband connection to the Internet. The Site may not be downloaded or operated independently on the User's computer. To use the Site, the User must have a high-speed Internet connection and use (on his computer) a recent Internet browser that meets the standards of the Internet. All costs relating to access to the Site, whether material, software or Internet access, are the sole responsibility of the User. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet. Access to the Site is for the time being free of charge for its Users and there is no supplier-client relationship in effect at the moment. The Principal Administrator of the Site therefore has no obligation of results or means to apply and has no account to return to the Users of the Site. The Principal Administrator of the Site does not guarantee a continuous and uninterrupted access to the Site, especially because of the specificities and technical constraints inherent to digital networks. The Principal Administrator of the Site has the right to interrupt, temporarily suspend or modify the access to all or part of the Site without prior notice in order to maintain it, or for any other reason, without interruptions giving any right for compensation. Neither the Principal Administrator of the Site nor any of its Users or Managers can be held responsible for any malfunctions likely to interrupt the Service. The Principal Administrator of the Site reserves the right to interrupt the service voluntarily and temporarily at any time, for a period decided by him and him alone. In this case, the User commits himself not to bring any recourse or to make complaints, in particular to obtain more quickly the restoration of the Service. The Principal Administrator of the Site reserves the right to terminate at any time and permanently the operation of the Site and thus to permanently stop the Service. In this case, the User agrees not to bring any recourse or make any claims, in particular to obtain the restoration of the Service. The Principal Administrator of the Site reserves the right, at any time, to make the access to the Site payable, and this by a system of renewable subscription. In the event that access to the Site becomes payable, these Terms of Use will be reviewed to take into account the commercial aspect of the Service and to specify the legal framework. The Principal Administrator of the Site reserves the right, at any time, to set up within the Site one or several solutions of profitability such as:
- Posting of advertisements, managed by the Principal Administrator of the Site or by third parties;
- The display of calls for donations to the Principal Administrator of the Site;
- Affiliation to third party sites;
- Any other source of profitability that the Principal Administrator of the Site considers relevant.
In the event of the sale of the Site to a third party, the whole Site and its contents, as well as the data stored in the database(s) of the Site will be transmitted as such to the new owners of the Site.
Responsibilities
> Responsibilities of the Principal Administrator of the Site :
Subject to applicable legal or regulatory provisions, the Principal Administrator of the Site shall not be liable for any direct or indirect damages, including but not limited to loss of profits, clienteles, data, intangible property arising from The use or the impossibility of use of the Site, and more generally any event having a link with the Site and / or any third party site. In particular, the responsibility of the Principal Administrator of the Site can not be engaged in the event of total or partial piracy of the Site and of the damages that this piracy could entail with regard to a User or towards a third person . The Principal Administrator of the Site can not absolutely guarantee the security of your personal data as well as the Contents expoited by the Site. The Principal Administrator of the Site undertakes however to do all that is technically possible to secure the Site, to secure the Contents exploited on the Site, and to secure the data contained in the data base (s) Of the Site, in order to minimize any possibility of piracy and / or re-use of personal data and contents by unauthorized third parties. The Principal Administrator of the Site relies on the authors of all Contributions to provide accurate and truthful content. The Principal Administrator of the Site assumes no responsibility for the Content presented on the Site, nor for errors and omissions of any kind, nor for the consequences arising directly or indirectly from any decision taken on the basis of any Content submitted On the Site, or downloaded from it. The Principal Administrator of the Site assumes no responsibility or commitment for the return of the Contents entrusted to him in the context of the operation of the Site. The Content delivered by the Contributors to the Site will not be returned, at any time, and even at the request of the Contributors. It is the Contributors' responsibility to retain the originals of their Contributions in order to dispose of them as they see fit.
> Responsibilities of Site Users :
Users agree to provide accurate information about their identity and to update such information in the event of a change. The Users of the Site undertake to maintain the confidentiality of their access codes to the Site (identifier, password) and in particular not to divulge their access codes directly or indirectly to third parties. The Users of the Site may at any time change or request to have their codes of access to the Site changed if they consider that the confidentiality of these codes is compromised or if they are no longer able to access the Site by means of their usual codes. Neither the Principal Administrator of the Site nor any of the Managers of the Site can be held responsible for an impersonation of identity on the Site and of the consequences that this spoofing could have on the Contents of the Site. The Contributor undertakes not to broadcast or transmit to the Site any Content or information, whatever its form or nature :
- Contrary to public order and morality,
- Offensive, defamatory, racist, xenophobic, revisionist or otherwise damaging to the honor or reputation of others,
- Inciting discrimination, hatred of a person or a group of persons on the basis of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion,
- Threatening a person or a group of persons,
- Of a pedophile nature,
- Inciting to commit an offense, a crime or an act of terrorism or advocating war crimes or crimes against humanity,
- Inciting to suicide,
- Enabling third parties to obtain, directly or indirectly, pirated software, software serial numbers, software for piracy and intrusion into computer and telecommunications systems, viruses and other logical bombs and In general, any software or other tool used to infringe the rights of others and the safety of persons and property.
The Contributor also undertakes not to publish on the site hypertext links pointing to websites, services, or files that are not part of the Site.
The Contributor agrees to respect the rights of others, including :
- The rights of the personality (such as the right to the image, the right to respect for private life),
- The rights of trademarks,
- Copyright (in particular on sounds, animated or fixed images, photographs, texts) and neighboring rights (performers, producers of phonograms and videograms and producers of databases)
- In general, the rights of persons and property.
Thus, the Contributor agrees not to disseminate through the Site of Content protected by rights of which he does not hold, unless expressly authorized by the beneficiary of the said rights, and ensures to propose for the Site only Contents which it holds the rights. The Contributor then warrants the Site against any and all claims and / or claims. In the event of third party recourse against the Principal Administrator of the Site, caused by a violation of a third party's intellectual property rights by a Contributor, the Principal Administrator of the Site may retaliate against the original Contributor Infringement of rights so that the latter fully assumes responsibility for that violation.
The Principal Administrator of the Site reserves the right to modify and / or delete any Content that appears to it to be in violation of the laws of intellectual property.
The Users of the Site undertake to respect the intellectual property rights relating to this Site, and in particular not to reuse or exploit any of the Contents of this Site, with the exception of downloading and / or printing Of these Contents for personal, private and non-commercial use.
Moderation
This site is subject to moderation. Moderation will be carried out by the Principal Administrator of the site as well as by one or more Managers appointed for this purpose (the Moderators). Moderators may apply a censorship on any Content found to be inappropriate within the Site, including but not limited to anything that may constitute an infringement of the law, respect and dignity of persons, minors and related rights To the Internet.
In particular, Moderators may apply censorship and / or remove any Content that is illegal, abusive, racist, defamatory, hateful, vulgar, obscene, threatening, abusive or offensive.
A prohibition of access to the Site, temporary or definitive, may be pronounced against Users who contravene these rules.
Intellectual property
> User Rights :
Use of this Site does not confer any special rights. In the absence of any particulars, the contents and Contributions of this Site remain the property of their authors according to the terms of the Code of the Intellectual Property. When content is broadcast under the terms of a particular license, it is expressly named and accompanied by a hyperlink to the full terms of the license in question. The User undertakes not to exceed the rights granted by this license. In the event of a dispute with the Contributor regarding the use made of his Contributions, the User acknowledges that he is solely responsible to the law.
> Contributor Rights :
Any Contributor of the Site accepts that its Contributions are broadcast under an open license. As part of the Site, an Open License is a license for a work (of any kind) to make it a free content offering the Principal Administrator and Managers certain rights to use, Modification, re-broadcasting and re-use of the work in derivative works. The open license applies four types of freedom :
- The possibility of using the work for all uses;
- The possibility of studying the work;
- The possibility of redistributing copies of the work;
- The possibility of modifying the work of the mind and publishing these changes.
By publishing content on this Site, the Contributor acknowledges that he has full ownership and is solely responsible to the law in the event of a dispute concerning his Contributions. The Contributor is free to modify or withdraw its Contributions through the interface provided or upon request. However, in accordance with the Open License, Contributors are warned that their Contributions may be freely and freely distributed on this Site and elsewhere, whether in their original state or not, without any control on their part and without limitation of duration. The Contributor authorizes the use of extracts from his Contributions to illustrate articles published on the Site. The Contributor authorizes - within the Site - the indexing, the referencing and the creation of links to his contributions so that these can be exploited and seen - within the Site - by all Users of the Site.
> Remuneration :
The Contribution to this Site does not give right to any consideration of any kind. The Contributor is advised that advertisements may be displayed on the pages of this Site for the benefit of the Administrators, including on the pages containing their Contributions. Apart from these terms, unless otherwise authorized by a more specific broadcasting license than the open license, no other profit is derived from posting its Contributions.
User Accounts
The Site requires for its general operation that the Users have an account (called user account) registered in the database of the Site. Access by a User to the functionalities of the Site is conditioned to the creation and maintenance of his user account. A user account includes personal data, personal data, data allowing private access to the Site, as well as management data. User accounts are created exclusively by a Secondary Administrator from a list of Users that is legally provided to him. Only users registered on this list can claim to be part of the Users of the Site. Persons who have no connection with the subject of the Site can not claim to obtain the creation of an account within the Site. Users' accounts are necessary for the operation of the Site, even if the Users do not access the Site and / or do not use the functionalities of the Site. The accounts of the Users can not be deleted and will be kept until a final stop of the Site. Users may view their account and their personal data at any time in order to enter or modify any missing or incorrect data.
Personal and nominative data
Personal data: Personal information shall be deemed to be information which "permits, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply, whether the processing is carried out by a natural person or by a legal person" . This includes a telephone number, a credit card number or a photograph of a person. According to the law, the personal data and in particular the personal data collected for the proper functioning of the Site will not be transmitted to third parties and can be modified at any time through the user account management interface or on request (by E-mail) to the Principal Administrator of the Site.
Links to third-party sites
The Administrator and the Contributors may create hypertext links to other websites, edited or managed by third parties. The Administrator and the Contributors can not be held responsible directly or indirectly in the event that the said third Sites do not comply with the French and European legal provisions and regulations in force or to come.
Guarantees
Use of this Site, or Contribution to this Site, is not warranted as to :
- To the permanence or the stability of its functioning;
- To the availability of the Site or access to this Site;
- The relevance or veracity of the published information;
- The risks of using a Website and downloading data and files.
In particular, the Administrator may be required, without any justification or compensation :
- Remove content or ban users or Contributors;
- Temporarily or permanently close the Site.
Applicable right
The Site is subject to French law. In the event of a dispute, and in the absence of any possibility of resolving the dispute amicably, the French courts shall have sole jurisdiction. In case of dispute relating to the execution or interpretation of the GCU of this website, the Parties agree to give exclusive jurisdiction to the Commercial Court of Rennes (35000, Britanny, France).