These terms and conditions govern your use of the service for publishing, editing, sharing numeric documents and connecting users (hereafter, the “Service”) provided by IPERNITY.ORG, Société Anonyme au capital de 358.050 euros, whose headquarters are located 18 place des arcades in Mougins (06250) France, registered with Cannes RCS (Cannes Trade and Company Registration office) under the n°435069216 (hereafter, “ipernity”).
This is a translation provided for English-speaking users by courtesy of ipernity.
Original French-speaking document can be found at: www.ipernity.com/about/tos?ol=fr
1.1 Your use of the Service constitutes your agreement to these General Conditions of Use.
1.2 In addition the use of certain sections or elements of our Service may imply that you have to accept particular terms and conditions, a license of use or that you respect specific guidelines available on the pages dedicated to these elements of the Service in particular the Guide of good conduct available for consultation on www.ipernity.com/about/guidelines and the Group Guidelines available for consultation on www.ipernity.com/about/grouprules. Unless otherwise specified these additional and specific conditions will apply in addition to these Terms and Conditions of Use. However, in case of contradiction the specific conditions will prevail.
1.3 Using our Service you can also be led to use the contents of a Partner Operated Service (“Partners”) introduced by ipernity via its Service. These Partners are generally identified by their logos and subject to their own Terms and Conditions. In order to use the Service of one of these Partners you will have to agree to their terms and conditions. In this given case only their terms and conditions will govern your mutual relationship to which ipernity is a stranger.
1.5 We recommend you to print or locally backup copy of these Terms and Conditions.
2.1 You may use the Service only if you are an actual person, are aged 13 years or over and if neither French legislation nor that of your country of residence forbids you from using such services.
2.2 To use the Service 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.
You agree to:
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 Service.
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.
3.1 You understand that all information, data, text, software, music, sound, photography, graphic, video, message or other material (collectively, "content") are the sole responsibility of the person from which such Content is published. ipernity does not control the posted contents and does not have general obligation of monitoring Contents posted via the Service by users. Therefore, ipernity reserves the right but shall have no obligation to pre-screen, see, refuse or remove any Content available through the Service. You understand that by using the Service you may be exposed to content that is offensive, indecent or objectionable and that you use the Service 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 Service and for any consequences that may result thereof.
3.3 You agree to use the Service only for purposes that are legal, proper and in accordance with the Terms of Service and with specific provisions as set out in paragraph 1.2 where they apply.
3.4 You shall refrain yourself when using the Service from carrying out acts of whatever nature ( in particular consultation, uploading, sending out, circulating, publishing, broadcasting, placing on line, issuing or of any other kind) if the act is contrary to French Law or offends against French public order or the rights of a third party. More particularly and while the following list is not exhaustive, you shall not:
3.5 Feel free to contact ipernity to report any activity or Content that might constitute a violation of the Terms of Service by means of the contact form available on www.ipernity.com/help/support.
3.6 Users outside of France agree to comply with their own local laws and rules regarding online conduct and acceptable content, including laws and regulations concerning data export 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 concerned about the safety and privacy of all its users, particularly children.
ipernity is provided with a protection system against inappropriate content: on the one hand, all Content is rated by the owner according to which public is aimed at; and on the other hand, each person using the Service must choose the most appropriate content filter level. The reliability of the system cannot be 100% guaranteed. The rules of how the system operates can be consulted on www.ipernity.com/help/faq/filters
When you publish a Content, you are responsible for rating it correctly for the public to which it is destined to.
Parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services including, internal email, message boards, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child and if need be which content filter level is the most appropriate for your child.
4.2 By using the Service, 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, (b) enforce the Terms of Service, including investigation of potential violations hereof, (c) detect, prevent or otherwise address fraud, security or technical issues (including without limitation the filtering of spam) or (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 Service, including your Content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5.1 You acknowledge, consent and agree that ipernity services including the Service and any necessary software used in connection with those services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
5.2 Subject to the Terms of Service, ipernity grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, 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 Services.
5.4 You consent and agree not to access the Service by any means other than through the interface or software that is provided by ipernity for use to access the Service 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 Service or otherwise presented to you through ipernity Services and 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 hold to comply with.
5.7 ipernity does not claim ownership of Content you submit, post or display or make available on or through the Service. 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 Service and you are responsible for protecting those rights, as appropriate.
5.8 The Content declared private and submitted to the Service 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 Service, you grant ipernity a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through the Service, including through RSS or any other content feeds offered by the Service.
5.10 With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Service.
5.11 ipernity reserves for itself the right to deny, in 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 Service.
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 Service can, by assent of their owners, be published on Websites the Service has no knowledge of (“External Sites”) through links provided by the Service. When you use such links and insert them on External Sites, you engage yourself to refer the published Content to the page of the Service hosting the Content, via a clickable link. This arrangement goes without saying within the general pattern of protecting intellectual property, copyright and works.
6.4 No stipulation of this Terms of Service grants you the right to use ipernity's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features concerning ipernity or the Service.
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 Service. It is recommended to keep a backup of all Content submitted and/or hosted by the Service.
7.2 You acknowledge that ipernity has the right, at its sole discretion, to limit the number of transmissions you may send or receive through the Service or the amount of storage space, bandwidth or other resources you may use, and ipernity has the right to terminate or suspend your account based on any usage that exceeds these limits.
7.3 You acknowledge ipernity’s discretionary right to compress any Content you might upload on the Service, including original formats.
7.4 When you cease using the Service, in particular on receipt of a certificate or any other legal document confirming your death, ipernity will close your account what will lead to the loss of any content hosted on this account.
8.1 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for commercial purposes, any part of the Service, including its use or access.
9.1 ipernity reserves for itself the right to modify or discontinue, temporarily or permanently, at any time and with or without notification, the Service (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 Service.
9.2 You may decide to purchase other additional, optional services and/or resources such as additional monthly upload bandwidth (“Premium Services”). Premium Services may be subject to specific terms and conditions of use and include the payment of separate fees.
10.1 The present Terms and Conditions of Use shall remain in force as long as the Service is used.
10.2 You may discontinue your use of the Service 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 Service or close temporarily or permanently your account, especially in the following cases:
10.4 In the event of termination your account will be disabled and you may not be granted access to the Service, to your account or to any files or other content contained in it.
10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ipernity have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
11.1 The Service is based partly or entirely on advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by ipernity on its services are subject to change. You agree that ipernity shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such advertisers on the Service.
12.1 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.
12.2 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.
13.1 You agree to defend, exonerate, indemnify, hold ipernity, subsidiaries, affiliates, directors, officers and employees, harmless from and against any and all losses, liability, demand, damage, cost and expenses including reasonable attorneys' fees or relating to any credit card processing services, credit card processing, account losses of any type whatsoever in the performance of this agreement, or as the result of normal business dealings asserted by any third party due to or arising out of your use of or conduct on the Service or any failure to comply with its Terms and Conditions. In such a case, ipernity will provide you with written notice of such claim, suit or action.
14.1 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
You expressly understand and agree that:
14.2 Your use of the Service is at your sole risk;
14.3 The Service is provided on an “as is” and “as available” basis.
14.4 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.
14.5 ipernity makes no warranty that:
14.6 Any material downloaded or otherwise obtained through the use of the Service 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.
14.7 No advice or information, whether oral or written, obtained by you from ipernity or through or from the Service shall create any warranty not expressly stated in the Terms of Service.
You expressly understand and agree that:
15.1 The stipulation of the present conditions only exonerates and limits ipernity’s liability in case of loss within the limits prescribed by the law.
15.2 ipernity shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:
including but not limited to damages for loss of:
even if ipernity has been advised of the possibility of such damages.
16.1 ipernity may provide translations of original Terms of Service written in French. You expressly understand and agree that translations are for informational purpose only, and that original French Terms of Service exclusively govern your use of the Service.
16.2 In case of contradictions or inconsistencies between original French document and translations, original French Terms of Service will prevail.
17.1 You agree that, except otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
18.1 You agree that ipernity may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or postings on the Service.
19.1 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.
19.2 Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and ipernity and govern your use of the Service, superseding any prior agreements between you and ipernity for the use the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ipernity services, affiliate services, third-party content or third-party software.
19.3 Choice of Law and Forum. The Terms of Service and the relationship between you and ipernity shall be governed by the French laws without regard to its conflict of law provisions. You and ipernity agree to submit to the personal and exclusive jurisdiction of the courts located in Cannes, France.
19.4 Waiver and Severability of Terms. The failure of ipernity to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should Endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
19.5 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19.6 The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.
Last update of the French original: 2013-05-02
Last update of the English translation: 2013-05-02