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| Site User's Guide Forum Terms Lawful mention Partnerships |
| Object |
These General Terms and Conditions are meant to define the ways in which the services of the website en.kioskea.net, hereafter "The Service," are made available, as well as the conditions of use of the Service by the User.
Any access and/or use of the site www.kioskea.net constitutes an acknowledgement and unconditional acceptance of all of these Terms and Conditions. They are, therefore, a contract between en.kioskea.net and the User.
If the User does not agree to all or part of these general terms and conditions, he or she is requested not to use the Service in any way.
| Legal Disclaimers |
The website en.kioskea.net is published by:
Quidéa,
Société Anonyme à Responsabilité Limitée (Limited Liability Company),
with a capital of €57600, headquartered at
9 rue Quentin Bauchart,
75008 PARIS
registered in the Registre du Commerce et des Sociétés (Registry of Commerce and Companies) as number
RCS 453,986 960 PARIS
The director of publication is Jean-François Pillou
The hosting company is Diabolocom SARL,
represented by Frédéric DURAND.
| Definitions |
User: The User is any person who uses the Site or one of the services offered by the Site.
User Content: The term "User Content" designates data sent by the User to various areas of the Site.
Member: The term "Member" designates a User logged into the Site.
User Name: The term "user name" refers to all information needed for a user to log in to the site to access areas which are reserved for members.
Password: The "password" is private information which the User must keep secret, and which, in conjunction with his or her User name, is used to verify his or her identity.
| Accessing the Service |
The Service is accessible at no charge to any User with Internet access. Any costs related to accessing the Service, whether they be costs for hardware, software or Internet access, are solely the responsibility of the User. He or she alone is responsible for the proper functioning of his or her computing equipment as well as for his or her Internet access.
Some areas of the Site are reserved for Members who have logged in with their User Name and Password.
kioskea reserves the right to refuse access to the Service, at its own discretion and without prior notice, to any User who does not comply with these conditions of use.
Quidéa takes all reasonable measures at its disposal to ensure quality access to the Service, but is under no legal obligation to do so.
Additionally, Quidéa may not be held responsible for any network or server malfunction, or any other event beyond reasonable control, which would block or diminish access to the Service
Quidéa reserves the right to briefly suspend or interrupt access to all or part of the Service without any prior notice, for necessary maintenance or any other reason, without this interruption of service subjecting Quidéa to any obligation to compensate for it.
| Intellectual Property |
The website en.kioskea.net, and in particular its content, is protected by French law. Quidéa and Jean-François Pillou are the sole owners of all intellectual property rights relating to content on the site (including text, photographs, illustrations, images, logos, etc.).
The content reproduced on the Site is subject to copyright and its reproduction or distribution, without the express written authorisation of Quidéa, constitutes copyright infringement and may be subject to criminal penalties. The texts and illustrations which are explicitly licensed under the Creative Commons licence may under certain conditions be reproduced, distributed or modified without necessarily requiring permission to do so.
"kioskea" and "Quidéa" are registered trademarks of Quidéa. Any unauthorised reproduction of these trademarks, logos, and distinctive signs constitutes copyright infringement and may be subject to criminal penalties. Violators face civil and criminal penalties, including the sanctions provided for by articles L335.2 and L343.1 of the Intellectual Property Code.
The User alone is responsible for the User Content that he or she puts online via the Service, as well as for any texts or opinions that he or she writes. The User expressly grants to Quidéa, at no charge, all intellectual property rights related to the User Content, in particular reproduction, depiction, and adaptation rights, for as long as the term of copyright protection lasts. He or she also agrees that this data does not infringe on the protective interests of any third party whatsoever. To that end, he or she absolves Quidéa from any claim, based directly or indirectly on this information and/or data, that may cause any legal proceedings whatsoever to be brought against Quidéa. He or she also agrees to bear any costs, of any kind whatsoever, resulting from said third-party action against Quidéa, including lawyer's fees and legal expenses.
Quidéa reserves the right to delete any or all User Content, at any time and for any reason, without warning or prior notice. The User is not entitled to any compensation should this occur.
| Personal Data |
To respect the privacy of its Users, Quidéa agrees that the collection and handling of personal information on this site complies with French Law 78-17 of January 6, 1978 relating to information technology, files, and liberties, called the "Informatique et Libertés" Law. For this purpose, the website kioskea has a CNIL number of 729280.
In accordance with article 34 of the abovementioned "Informatique et Libertés" law, Quidéa guarantees the User the right to correct, access, and remove data concerning said User. The User can exercise this right:
| Limitation of Liability |
The website en.kioskea.net is an informative website on new media technology, and in particular on subjects related to information technology.
Information distributed on the website en.kioskea.net comes from purportedly reliable sources. Nevertheless, Quidéa cannot guarantee the accuracy or completeness of this data. Furthermore, information is provided on this website for information purposes only, and may not be construed as advice or recommendations of any nature whatsoever.
Consequently, the Use of information and content available throughout the site shall not incur any liability whatsoever to Quidéa. The User alone is responsible for the proper and judicious use of the information provided on the Site.
Furthermore, the User agrees to hold harmless and indemnify Quidéa for any damages that may result, directly or indirectly, from using the Service.
Access to certain areas of the en.kioskea.net website requires a User Name and Password. The Password, chosen by the User, is personal and private. The User agrees to keep his or her password secret and not to divulge it in any way whatsoever. The use of his or her User Name and his or her Password on the Internet is done at the User's own risk. It is the User's responsibility to take all measures needed to protect his or her own data from any disclosure.
Quidéa, however, agrees to implement all means necessary to guarantee the security and privacy of data transmitted. The User is aware that one or several cookies, containing no personal information, may be placed on his or her hard drive in order to facilitate the login and identification process.
The User is aware of the limitations and restrictions of the Internet, and recognises that it is impossible to guarantee total security when transferring data. Quidéa may not be held responsible for any loss or harm arising from the transmission of any information, including User Names and Passwords, via the Service.
Quidéa may not in any case, as far as the law applies, be held responsible for damage and/or harm, direct or indirect, material or immaterial, or of any nature whatsoever, arising from any unavailability of the Service or its Use. The term "Use" must be understood in its broadest sense, to wit, any usage of the Site of any kind, whether legal or not.
The User agrees to comply with all regulations provided for by French law.
| Hyperlinks |
en.kioskea.net includes hyperlinks to websites published and/or managed by third parties.
As Quidéa cannot control these external resources, the User recognises that Quidéa takes no responsibility for them, and cannot be held responsible for their content.
| Force majeure |
Quidéa shall not be held liable in the event of force majeure or any events outside its control.
| Modifications to this Contract |
Quidéa reserves the right to modify the terms and conditions of this contract at any time.
The User is therefore advised to regularly consult the latest version of the Terms and Conditions of Use available at www.kioskea.net.
| Duration and Dissolution |
The contract is agreed to for an indefinite duration, beginning with Use of the Service by the User.
| Legal Jurisdiction |
French law applies to the content and data transmission on and related to this website. The French language version of this Contract shall govern over any translation.
Any legal matter that may arise, and which cannot be resolved through mutual agreement, will be governed by the jurisdiction of Federal Appeals Court of Paris (Cour d'appel de Paris).
