1. Acceptance of terms
2. Use of the Website
2.1 You may use the Website only if you are an actual person, are aged 16 years or over and if neither French legislation nor that of your country of residence forbids you from using such websites.
2.2 To use the Website you must obtain internet access, either directly on your computer or through devices such as mobile phones, personal assistants. All associated service fees are at your charge.
- (a) provide true, accurate, current and complete information;
- (b) maintain and regularly update it.
The supply of all aforementioned information and their up to date maintenance in order to allow your identification are determining conditions for your right to use the Website.
2.4 You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ipernity immediately of any unauthorized use of your account or any other breach of security.
2.5 Ipernity will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge.
3. Appropriate conduct
3.1 You understand that all information, data, text, software, music, sound, photography, graphic, video, message or other material (hereinafter, "Content") are the sole responsibility of the person from which such Content is published. Ipernity does not control the posted Content and does not have general obligation of monitoring Content posted via the Website by users. Therefore, ipernity reserves the right but shall have no obligation to pre-screen, see, refuse or remove any Content available through the Website. You understand that by using the Website you may be exposed to Content that is offensive, indecent or objectionable and that you use the Website at your own risk.
3.2 You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the Website and for any consequences that may result thereof.
3.4 You shall refrain yourself when using the Website from carrying out acts of whatever nature (in particular consultation, uploading, sending out, circulating, publishing, broadcasting, placing online, issuing or of any other kind) if the act is contrary to French Law or the law of the country of your residence or offends against French public order or that of the country of your residence or may violate the rights of a third party. More particularly and while the following list is not exhaustive, you shall not:
- (a) engage in acts constituting an apology for crimes against humanity, the denial of genocide, incitement to violence, racial hatred or pornography; engaging in acts of defamation, insult, threats, blackmail, harassment or acts that violate privacy or human dignity;
- (b) in any way affecting minor users, to stimulate them to endanger themselves in any way;
- (c) in particular, to transmit, disseminate, publish, publish or make accessible any Content which could constitute, without this list being restrictive, incitement to the realization of crimes and offenses; propagation of false news or financial information covered by the secrecy, as well as any Content intended to represent or propose for sale objects and/or works, software, contents prohibited by law or infringing rights of third parties; violation of the authority of justice; invasion of privacy, the protection of personal data or the secrecy of correspondence; disclosure of information covered by a secrecy relating to, inter alia, plenary adoption, ongoing litigation, suicide, or the health of a third party, or to an individual financial or financial situation covered by secrecy or the right to privacy; or of an act jeopardizing the minors, in particular by the manufacture, transmission, dissemination or accessibility of messages of a violent or pornographic nature, such as to infringe human dignity or to permit the manufacture of an explosive;
- (d) attempting to mislead other users by impersonating or disrupting the image or reputation of others and/or posing as a third party employee, authorized service or affiliate of ipernity;
- (e) tampering with data, messages or documents, message headers or identification data or connecting to the Website or otherwise manipulating an identifier to conceal the origin of the transmission of a Content via the Website;
- (f) infringing any intellectual property rights (including, but not limited to, music, video, animations, games, software, databases, images, sounds, and texts) or any other property rights, (hereinafter "Rights") belonging to others;
- (g) send or cause to be sent e-mails or instant messages to persons who have not solicited them or have not complied with their legal rights, such as advertisements, promotional material, chain letters or any other form direct unsolicited search; post promotional messages on the Website;
- (h) post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (i) disrupt, slow down, block or alter the normal flow of data exchanged within the Website, accelerate the rate of scrolling of the Website Content in such a way that the operation of the Website is modified or altered or any other action having an effect disturbance equivalent to the functionality of the Website;
- (j) fraudulently access, hold, interfere or disrupt ipernity's information systems, including the Website, servers, networks connected to the Website, or refuse to comply with the requirements, procedures, general rules or provisions and regulations applicable to the networks connected to the Website;
- (k) “stalk”, “flame” or harass other users of the Website;
- (l) collect or record personal and/or nominative information concerning users of the Website.
3.6 Users outside France agree to comply with all applicable laws and regulations relating to the lawfulness of online Content and conduct, including those relating to the transmission of data to or from France, or to or from your country of residence.
Information about our data protection practices can be found at: www.ipernity.com/about/you
4.1 Ipernity is aware of the need to protect the privacy and security users of the Website, especially minors, as much as possible. When you upload Content, you are responsible for assigning the appropriate visibility option of private, family, friends or public. The reliability of the system cannot be 100% guaranteed. Parents who wish to allow their children access to the Website should assist them in setting up any relevant accounts and supervise their access to the Website. By allowing your child access to the Website, they will be able to access all of the features including, internal email, message boards, instant messages and chat (among others). Please remember that the Website is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the features and/or Content is appropriate for your child.
4.2 By using the Website, you acknowledge, consent and agree that ipernity may access, preserve and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- (a) satisfy any applicable law, regulation, legal process or enforceable governmental request;
- (c) detect, prevent or otherwise address fraud, security or technical issues (including without limitation the filtering of spam);
- (d) protect against imminent harm to the rights, property or safety of ipernity, its users or the public as required or permitted by law.
4.3 You understand and agree that the technical processing and transmission of the Website, including your Content may involve:
- (a) transmissions over various networks;
- (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Proprietary rights
- Ipernity’s rights
5.1 You acknowledge, consent and agree that the ipernity Website and any necessary software used in connection with the Website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
- (a) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code;
- (b) sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law.
5.3 You consent and agree not to modify the Software in any manner or form or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the ipernity systems.
5.4 You consent and agree not to access the Website by any means other than through the interface or software that is provided by ipernity for use to access the Website or third-parties applications explicitly authorized by ipernity.
5.5 You further consent and agree not to remove, obscure or alter ipernity's or any third-party's copyright notices, trademarks or other proprietary rights notices affixed to or contained within or accessed with or through the Software.
5.6 You acknowledge and agree that third-parties, including ipernity users, own all rights, titles and interests in and to Content hosted by the Website or otherwise presented to you through ipernity. You consent that this Content is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, which you are held to comply with.
- Your rights
5.7 Ipernity does not claim ownership of Content you submit, post or display or make available on or through the Website. You or a third-party licensor, as appropriate, retain all patent, trademark, and copyright to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate.
5.8 The Content declared private and submitted to the Website might be seen fortuitously from the public, in case of user misuse of the features, pirating, hacking or computer related errors. It is therefore strongly recommended to not submit any confidential, private or sensitive data and information.
5.9 By submitting, posting or displaying Content on or through the Website, you grant ipernity a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through the Website, including through RSS or any other Content feeds offered by the Website.
5.10 In addition, by submitting, posting or presenting Content intended to be available for the public, you grant ipernity a worldwide, non-exclusive, royalty-free licence to reproduce, edit, distribute and publish such Content for the purpose of presenting and promoting the Association.
5.11 Ipernity reserves for itself the right to deny, at its sole discretion, to post, display or transmit any Content.
5.12 Ipernity will discontinue this licensed use within a commercially reasonable period after such Content is removed from the Website.
6. Copyright, trademark and intellectual property policies
6.1 It is ipernity’s policy to respond to notices of alleged infringement that comply with the French law or other applicable intellectual property laws. Any breach of a rule or complaint from any eligible party will irrevocably result in removing or disabling access to the material claimed to be the subject of infringing activity.
6.2 Be reminded that both the illicit exchange of protected works and recordings and their pirating seriously damage the artistic work. You also acknowledge that the non-respect of laws in force, notably those protecting the intellectual and artistic property could lead to prosecutions and sentences.
6.3 All or parts of the Content hosted by the Website can, by assent of their owners, be published on other websites that ipernity has no knowledge of (“External Sites”) through links provided by the Website. When you use such links and insert them on External Sites, you engage yourself to refer the published Content to the page of the Website hosting the Content, via a clickable link. This arrangement goes without saying within the general pattern of protecting intellectual property, copyright and works.
7. General practices regarding use, storage and website
7.1 You agree that ipernity has no responsibility or liability for the deletion, corruption or failure to store any messages or communications or other Content maintained or transmitted by the Website. It is recommended to keep a backup of all Content submitted and/or hosted by the Website.
7.2 You acknowledge that ipernity has the right, at its sole discretion, to limit the speed and/or number of transmissions you may send or receive through the Website. Ipernity reserves the right to permanently delete any Content of your account after 6 months from the date of upload if the usage limits are exceeded, beginning with the oldest Content as measured by the upload date. No prior warning is given. It is the member's own responsibility to observe the timing.
7.3 You acknowledge ipernity’s discretionary right to compress any Content you might upload on the Website, including original formats.
7.4 When you cease using the Website, ipernity will close your account which will lead to the loss of any Content hosted on this account (see also 10.3.a).
8. Resale prohibited
8.1 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for commercial purposes, any part of the Website, including any use or access to the Website.
9. Modifications of the Website
9.1 Ipernity reserves for itself the right to modify or discontinue, temporarily or permanently, at any time and with or without notification, the Website (or any part thereof). You agree that ipernity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10.2 You may discontinue your use of the Website at any time, without having to notify ipernity.
10.3 You agree that ipernity may, at any time and at its own discretion, terminate your access to the Website or close temporarily or permanently your account, especially in the following cases:
- (a) extended period of inactivity for your account - this is the case if you have not logged into your account for more than 36 months;
- (c) request by law enforcement (for instance, if the Website provided was or became illicit);
- (d) discontinuity of the Website for users of your country of residence;
- (e) commercial non-viability of the Website.
10.4 In the event of termination your account will be disabled and you may not be granted access to the Website, to your account or to any files or other Content contained in it.
11.1 Ipernity may provide or third parties may provide links to other World Wide Web sites or resources. Because ipernity has no control over such sites and resources, you acknowledge and agree that ipernity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
11.2 You further acknowledge and agree that ipernity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. Disclaimer of warranties
- (a) your use of the Website is at your sole risk;
- (b) the Website is provided on an “as is” and “as available” basis.
13.2 To the maximum extent permitted by applicable law, ipernity expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
13.3 Ipernity makes no warranty that:
- (a) the Website will meet your needs or wishes;
- (b) the Website will be uninterrupted, timely, secure or error-free;
- (c) the information you receive when using the Website will meet your expectations;
- (d) defects and malfunctions of the Software will be corrected or repaired.
13.4 Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
14. Limitation of liability
14.1 The stipulation of the present conditions only exonerates and limits ipernity’s liability in case of loss within the limits prescribed by the law.
14.2 Ipernity shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:
- (a) the use or the inability to use the Website;
- (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
- (c) unauthorized access to or alteration of your transmissions or data;
- (d) statements or conduct of any third party on the Website;
- (e) any other reason relating to the Website.
In accordance with paragraph 1 of this article, ipernity shall not be liable to you for:
- (a) loss of image or reputation;
- (b) loss of data;
- (c) loss of Content;
- (d) any loss of profits or other economic loss you may have caused;
- (e) indirect loss that would be related to your use of or access to the Website.
These limitations of liability shall apply whether or not ipernity has been informed of the possibility of such losses occurring.
16. No third party beneficiaries
18. General information
18.1 Licensing and subcontracting. Ipernity may subcontract, assign or sale or transfer any of its obligation and/or rights to whether in whole or in part according to the terms of the present agreement.
Last updated on 13 May 2021:
- Section 7.2: Period increased from 3 to 6 months; reference to the absence of a previous warning added.