Terms and Conditions of Use for the Website: www.digitalversus.com
DigitalVersus is based in France and is therefore governed by French law. All laws mentioned in this document are French laws, unless stated otherwise. This English translation of these terms and conditions is a non-binding document provided for information purposes only. The original French version of this page (http://www.lesnumeriques.com/conditions-generales-utilisation.html) is deemed to be the only legally binding document, and as such is the sole basis upon which relations between Users and www.digitalversus.com and www.lesnumeriques.com shall be governed.
ARTICLE 1. LEGAL INFORMATION
You are currently visiting the Website www.digitalversus.com, published by Factory Eleven SAS with a capital of €14,413.55, registered to the French Companies Register under the reference RCS Paris: 499448892. Factory Eleven’s headquarters are located at 134 rue d'Aubervilliers, Métropole 19, 75019 Paris, France. Telephone : +33 (0) 1 40 34 52 93, email: http://www.digitalversus.com/contact.html.
European VAT number: FR07 499448892.
Editor-in-Chief: Vincent Alzieu.
The Website is hosted by Serveur Express, registered to the French Companies Register under the reference RCS de Créteil: 412537128. Its headquarters are located at 8 rue Charles Pathe, 94300 Vincennes, France. Telephone: +33 (0) 1 58 64 26 80.
1.3 Criminal and illicit content
DigitalVersus.com assumes the status of host for any information published by Users of the Website, as in compliance with Article 6-I-2 of the Law for Trust in the Digital Economy (Loi pour la confiance dans l'économie numérique) of 21 June 2004. In compliance with paragraph 3 of the same article, DigitalVersus.com is not liable to civil or penal action relating to information published by Website Users, unless, after being made aware of any illegal activity or content, DigitalVersus.com has not acted promptly to remove any such information or deny access to it.
Any User may report content they consider to be criminal or inappropriate by sending an email to DigitalVersus.com at http://www.digitalversus.com/contact.html. Any notification that is incomplete or does not satisfy the conditions laid out in article 6-I-5 of the Law for Trust in the Digital Economy of 21 June 2004 cannot be considered valid. Users will be liable for any abusive or improper notifications they send and may risk imprisonment for up to one year and a fine of €15,000, as stipulated in Article 6-I-4 of the same law.
ARTICLE 2. DEFINITIONS
« Data »: information of any nature published by a User on the Website.
« Personal Information »: ny information relating to an identified or identifiable natural person. An identifiable person is someone who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to that person.
« User »: any natural person or legal entity, governed by private or public law, viewing the Website, either personally or via a spider or any other means.
« DigitalVersus.com »:Factory Eleven SAS in its role as publisher of the Website.
« Member »: a User who has created an account on the Website.
« Website »: the Internet site accessible via the URL www.DigitalVersus.com, as well as any sub-sites, mirror sites, portals and variations pertaining to the URL.
ARTICLE 3. SCOPE OF APPLICATION
The Website can be accessed freely and at no cost by all Users. Use of the Website implies the acceptance of the present Terms & Conditions by all Users. The sole act of opening and viewing the Website constitutes the full and unconditional acceptance of the present Terms & Conditions.
When a User decides to become a Member of the Website, this acceptance is confirmed when the member ticks the box corresponding to the statement: “I have read and I accept the terms & conditions of use”. By doing this, the User declares having full knowledge of the present Terms & Conditions and accepts them unreservedly. Ticking this box is considered to have the same value as the User’s handwritten signature. The User accepts the accuracy and value as proof of the automatic registration systems used by DigitalVersus.com and, unless the User can provide proof otherwise, waives the right to contest the reliability of these systems in the event of legal proceedings.
The present Terms & Conditions are applicable to relations between parties and exclude all other conditions, notably those of the User. Acceptance of the present Terms & Conditions implies that Users have the legal capacity required to do so, that Users have the authorisation of a guardian or trustee if not able to do so, that Users have the authorisation of their legal representative if they are minors, or that Users have a mandate to act on behalf of a legal entity.
ARTICLE 4. PERSONAL SPACE
4.1 Creating a personal space or "Account"
The creation of a personal space is an indispensible requirement for Users who wish to participate in the Website’s forum and comments section. To this end, the User will be invited to provide a certain amount of Personal Information. Some of this information is considered essential for the creation of the User’s personal space. Any User who refuses to supply this information will not be able to create a personal space.
When creating a personal space, the User will be invited to select a password. This password represents a guarantee of confidentiality of any information contained in the User’s personal space. Users must therefore not give or tell this password to any third parties. Otherwise, DigitalVersus.com cannot be held responsible for any unauthorised access to the User’s personal space.
Members agree to regularly check any personal information concerning themselves and to make any necessary updates or modifications via their online personal space.
4.2 Contents of the personal space
DigitalVersus.com allows its Members to participate in a forum. Messages in the forum must be posted in English, using reasonable, acceptable vocabulary that is in no way vulgar or offensive. Members must abstain from using threats or insults. The content of Members’ contributions must conform to public law and order, and accepted moral standards, and should not pertain to any criminal or illegal activity. The User agrees to respect the rights of third parties. Any contribution may be subject to moderation or may be deleted by DigitalVersus.com. DigitalVersus.com will not be considered liable or at fault for moderating or deleting comments and contributions, and causes no damages or prejudice to Members by doing so.
4.2.2 Member contributions
When a Member clicks on "Post" (or "Validate" or "Publish") to publish a comment, the Member gives a non-exclusive copyright licence to DigitalVersus.com free of charge for the given comment. In this respect, the Member authorises DigitalVersus.com to publically publish all or part of that comment on the Website, in newsletters for DigitalVersus.com and partner websites of DigitalVersus.com. The Member authorises DigitalVersus.com to reproduce the comment and to communicate it to the public online and in advertising or communications material pertaining to the Website. The Member authorises DigitalVersus.com to translate their comments into any language required and to publish the translations online publically and in advertising or communications material. The right to adapt the content also includes the right to make any technical modifications necessary for using the comment in other forms. The said licence is granted for commercial and advertising uses. It is valid for the entire duration of the agreements, for use in France and elsewhere. The Member declares that they have the full intellectual property rights and necessary authorisations required in order to publish their comment. The Member agrees to act on any request from DigitalVersus.com to respond to proceedings brought against the Member relating to any one of their comments and is responsible for any costs, charges or convictions arising from that comment, including any legal fees.
4.2.3 User Reviews
- User reviews are moderated a posteriori.
- The User acknowledges that he/she may be contacted in order to authenticate the review.
- DigitalVersus.com reserves the right to refuse publication of a review in any of the following circumstances:
- DigitalVersus.com may incur civil or penal liability
- the textual content includes insults or profanities
- the textual content includes random characters or chains of words without meaning
- the content is unrelated to the given subject
- any part of the review constitutes a substantive conflict of interests
- the textual content is written so poorly as to be unintelligible
- the User makes inappropriate comments about other content or another user
- the textual content to be published contains personal information, such as the surnames or forenames of non-public persons, telephone numbers, precise addresses or email addresses
- the textual content includes a credit card number, a national insurance number, bank account details or any other information that could facilitate identify theft
- the textual content constitutes a threat of legal action
- the textual content is clearly spam
- the User’s remarks regarding a product are uninformed
- All user reviews are taken into account and given the same weighting in the calculation of user scores. Votes and reports do not affect the score.
- DigitalVersus.com undertakes to inform the author, and to offer a reason, should his/her review be rejected. Following a rejection, the author can edit and resubmit the review.
- If a review is deemed to be intentionally misleading, i.e. a deliberate attempt to bias the score of the product or service, DigitalVersus.com shall not be required to provide a reason for its rejection so as to preserve the efficiency of its anti-fraud measures.
- Once a review has been published, it can no longer be edited by the author.
- The author can request that his/her review be removed by contacting DigitalVersus.com
4.3 Deleting a personal space
DigitalVersus.com reserves the right to delete the personal space or “account” of any Member who does not abide by the present Terms & Conditions, in particular when a Member gives information that is inaccurate, incomplete, untruthful or fraudulent, as well as when a Member’s personal space stays inactive for at least one year. DigitalVersus.com will not be considered liable or at fault for moderating or deleting contributions, therefore causing no harm, damage or prejudice to the Member, who may under no circumstances seek compensation. A Member’s exclusion does not prevent DigitalVersus.com from undertaking legal proceedings against the Member when this may justifiably be done.
ARTICLE 5. NEWSLETTER
When a User ticks the box that gives their permission to that effect, they accept that DigitalVersus.com can send them a newsletter, with the frequency and form of its choosing, containing information about its activities.
When a User ticks the box that gives their permission to that effect, they accept to receive advertising/marketing/commercial information from DigitalVersus.com and its partners for products and services similar to those offered on the Website. Users with Member accounts will be able to unsubscribe from the newsletter by clicking on the relevant link in each newsletter.
ARTICLE 6. PERSONAL INFORMATION
6.1 CNIL Declaration - Compliance
The CNIL (Commission nationale de l'informatique et des libertés) is an independent French body that ensures that data privacy law is applied to the storage, collection and use of personal data. The file from DigitalVersus.com containing Users’ Personal Information has been declared to the CNIL under the reference number n° mnn0572675X, L8K0572676j, zsu05726776.
6.2 Information collected or provided when browsing the Website
When a User is viewing the Website, the following Personal Information is collected:
- The URL Internet address and links via which the User has accessed the Website.
- The User’s Internet service provider.
- The User’s Internet Protocol (IP) address.
Users are free to provide more Personal Information about themselves if they wish. Providing Personal Information is not a requirement for browsing the Website.
6.3 Information that must be provided when creating an account
To create an account and become a Member of the Website, DigitalVersus.com requires a certain amount of Personal Information about the User.
In this respect, the User provides their Personal Information knowingly and willingly when entering it in the relevant places on the Website. The Website User will be informed which Information is obligatory and which may be supplied voluntarily.
Users who refuse to supply the obligatory information will not be able to create an account on the Website.
6.4 Use of Personal Information
Any Personal Information collected is processed electronically and is exclusively reserved for DigitalVersus.com. Any Personal Information collected is necessary to the successful administration of the Website and the respect of contractual obligations by DigitalVersus.com. Personal Information is stored by DigitalVersus.com to this end only. The User authorises Factory Eleven to study the data and carry out statistical analysis about the habits and profiles of Users of the Website.
None of the Personal Information concerning a User of the Website DigitalVersus.com is collected, published, exchanged, transferred, given or sold to a third party in any form without the User’s prior knowledge. Only the eventual sale of Factory Eleven and its rights would allow the said Information to be transferred to a potential buyer who would then be subject to the same obligations concerning the storage and modification of Personal Information concerning Users of the Website.
Any Personal Information collected is not transferred outside of France.
6.5 The right to access, correct and contest Personal Information
Personal Information pertaining to all Users with accounts on the Website is stored for a reasonable period of time necessary for the successful administration of the Website. This Information is stored securely,
within the limits of current practice and technology, and in compliance with the French law of 6 January 1978 governing computers, files and liberties (data privacy) (Loi Informatique et Libertés).
As a result, any User can contact Factory Eleven and, after proving their identity, can request:
- to check any Personal Information about the User that has been collected by or on behalf of Factory Eleven;
- information relating to the outcomes of processing this Information;
- information regarding the identity and geographical provenance of anyone receiving this Information;
- to be sent a copy of this Information free of charge, provided that such a demand is not improper, in particular by its repetitive or disproportionate nature.
To do so, the User should send a letter to Factory Eleven at the address given in article 1 of the present Terms & Conditions, stating their name or company name, their physical and/or electronic contact details, as well as, if relevant, any reference number or details the User may hold as a Member of the Website.
Any modification will be made within a reasonable period of time from the date the User’s request is received.
ARTICLE 7. COOKIES AND IP ADRESSES
126.96.36.199 Cookies implanted by DigitalVersus.coms
In order to ensure all Users enjoy the best possible experience when browsing the Website and to ensure the best possible operation of the various interfaces and applications, DigitalVersus.com may implant cookies on the User’s computer. These may also be used to monitor the Website’s audience and visitor numbers.
Cookies collect and store information pertaining to browsing habits on the Website (date, page, times), as well as any information the User may have entered during their visit (searches, username, email address, password). These cookies are intended to stay on the User’s computer for a length of time of up to one year, and can be read and used by DigitalVersus.com when the User visits the Website at a later date.
188.8.131.52 Cookies implanted by Ezakus advertising agency
Cookies may also be implanted on a User’s computer by the Ezakus advertising agency (registered to the R.C.S. BORDEAUX under the reference number 533 815 718) in order to analyse a User’s interests and display targeted advertising on the Website and on other third-party websites.
The implantation of cookies by Ezakus on the User’s computer is subject to a specific opt-in by the User who must click “I accept” when the following text is displayed: “Do you accept a cookie from our partner Ezakus to analyse your interests so you can benefit from personalised advertising?” Cookies implanted by Ezakus collect and store browsing data (date, time, Internet address, computer protocol, page viewed).
These cookies are stored on the User’s computer for a length of time of up to one year.
7.1.3 Refusal and deletion of cookies
The User has the option of blocking a cookie, modifying the length of time for which a cookie is used, or deleting a cookie via their web browser (customarily: tools or options > privacy or confidentiality). Alternatively, a User can go to Your Online Choices at the following Internet address: http://www.youronlinechoices.com/uk/your-ad-choices
In such cases, the User’s browsing experience on the Website will not be optimised. If cookies are systematically deactivated and the web browser subsequently prevents the User from using certain functions or services, any such malfunction cannot be considered as causing any harm, damage or prejudice to the User, who may under no circumstances claim compensation.
7.2 IP Addresses
7.2.1 Definition and collection of IP addresses
The IP address is a series of numbers separated by dots that provides a unique identification number for a computer connected to the Internet. DigitalVersus.com reserves the right to collect the public IP addresses of all Users of the Website. IP addresses are collected anonymously. The IP addresses of Users will be stored for a period of time established by law.
7.2.2 Disclosure of IP addresses
DigitalVersus.com reserves the right to disclose all of the Personal Information held about a User to the Police if required to do so by a warrant or a judicial requisition, or to any other person following a court order. A link may be established between the IP address and the real identity of the User if this information is supplied by the Internet Service Provider.
ARTICLE 8. INTELLECTUAL PROPERTY
The content (texts, images, diagrams etc.), structure and software used to operate the Website are protected under copyright law. In light of this, the representation, reproduction, inclusion, transmission or retransmission, in part or in full of any such material without the prior consent of DigitalVersus.com or its legal beneficiaries or concessionaries constitutes a violation of Books I and III of French Intellectual property law (Code de la propriété intellectuelle) and can give rise to legal proceedings. This also applies to any unauthorized translation, adaptation, transformation, re-arrangement or reproduction by any means or media. extes, images, schémas...), la structure et le logiciel mis en œuvre pour le fonctionnement du Site sont protégés par le droit d'auteur. Toute représentation ou reproduction intégrale ou partielle faite sans le consentement de LesNumériques.com ou de ses ayants droit ou ayants cause constitue une violation des Livres I et III du Code de la propriété intellectuelle et sera susceptible de donner lieu à des poursuites judiciaires. Il en est de même pour la traduction, l'adaptation ou la transformation, l'arrangement ou la reproduction par un art ou un procédé quelconque.
8.2 Copyright protection of databases
All of the reviews and opinions published on the Website comprise a database that is protected by the sui generis protection of databases (articles L. 341-1 onwards of French Intellectual property law / Code de la propriété intellectuelle) and by copyright laws (Books I and III of French Intellectual property law / Code de la propriété intellectuelle). In this respect, any substantial extraction or any reproduction, representation or adaptation of this database is strictly forbidden.
ARTICLE 9. LIABILITY OF DIGITALVERSUS.COM
9.2 Force majeure – Fault on behalf of the Member
DigitalVersus.com will not be held liable in the event of force majeure or fault on behalf of the User, as defined in this article:
9.2.1 Force majeure
As understood in these Terms and Conditions, the following will be considered an event of force majeure attributable to the User: any hindrance, limitation or disruption of the Service due to fire; epidemic; explosion; earthquake; bandwidth fluctuation; failure attributable to the Internet Service Provider; network failure; deterioration of Internet Service Provider facilities; illicit or fraudulent use of passwords, codes or references provided to the Member; computer hacking; security breach attributable to the Website host or developers; flooding; electrical failure; war; embargo; legal stipulations; injunction; requests or demands on behalf of any government; requisition; union strike; boycott; or any other circumstances out of the reasonable control of DigitalVersus.com. In circumstances that fall within the definition of force majeure, DigitalVersus.com will be relieved of executing its obligations within the scope of the aforementioned hindrance, limitation or disruption.
9.2.2 Fault on behalf of the User
As understood in these Terms and Conditions, the following will be considered a fault attributable to the User: any misuse of the Website; fault; negligence; omission or failure on behalf of the User or his/her employees; non-compliance with the instructions given by DigitalVersus.com on its Website; any disclosure or misuse of the User’s passwords, codes or references; or providing of erroneous information or failure to update information in the User’s profile page. The implementation of any technical operation, such as the deployment of Web robots or automatic requests, that contravene these Terms and Conditions will also be considered a fault on behalf of the User.
9.3 Technical failures – Hypertext links
In the event of the User’s inability to access the Website due to technical failures of any nature, the User will not be permitted to claim damages or compensation. The unavailability, even if prolonged and without limit in time, of one or more online services may not constitute harm suffered by the User and under no circumstances will lead to the restitution of damages or compensation on behalf of DigitalVersus.com.
9.4 Informations – Information – Hypertext links
All information published on the Website is for reference only and makes no guarantees about accuracy. DigitalVersus.com will under no circumstances be held liable for any omission, inaccuracy or other error contained in the published information, even those that have directly or indirectly led to harm suffered by the User.
Certain hypertext links published on the Website may send the User to other Internet sites. The liability of DigitalVersus.com will not be brought into call based on these websites’ liability. Furthermore, DigitalVersus.com will not be held liable if the User suffers harm while visiting these Internet sites.
DigitalVersus.com will not be held liable for inconsistencies existing between the information published on the Website and commercial offers published on third-party websites. It is incumbent upon the User to become fully acquainted with the offer published on the third-party Internet site before purchasing any product. vent of the User’s inability to access the Website due to technical failures of any nature, the User will not be permitted to claim damages or compensation. The unavailability, even if prolonged and without limit in time, of one or more online services may not constitute harm suffered by the User and under no circumstances will lead to the restitution of damages or compensation on behalf of DigitalVersus.com.
In the absence of contrary legal or regulatory stipulations, DigitalVersus.com’s liability is limited to direct, personal and definite harm suffered by the Member that is attributable to the failure in question. Under no circumstances will DigitalVersus.com be held liable for indirect damages, such as data loss, loss of sales, loss of orders, harm to brand image, commercial difficulties, loss of profit, or loss of Members. Furthermore, the amount of damages for which DigitalVersus.com is held liable may not exceed to the price of the ordered Product.
9.6 Liability as a host
9.6.1 Publication of Data by Members
All Data published on the Website by the Member falls entirely under the Member’s liability. DigitalVersus.com will not be required to moderate or validate data published by the Member. The Member affirms that they hold the rights and authorisations required to publish the Data that they publish on the Website. The Member guarantees DigitalVersus.com against any legal actions taken against it due to the publication of said data on the Website, no matter what the basis of the legal action may be. It follows that the Member agrees to be voluntarily present during any legal proceedings brought against DigitalVersus.com and to incur all fees, charges or expenses of any kind held liable to DigitalVersus.com due to the proceedings, including legal fees.
9.6.2 Subsidiary liability of DigitalVersus.com
Within this framework, DigitalVersus.com will have the status of host for data published by the Member, as defined in Article 6-I-2 of the Law for Trust in the Digital Economy (Loi pour la confiance dans l'économie numérique) of 21 June 2004. In accordance with Paragraph 3 of the aforementioned Article, DigitalVersus.com’s civil or penal liability will not be brought into call based on the information published by a Member, unless DigitalVersus.com failed to act promptly to remove the information or render it inaccessible immediately after having learned about the Member’s illicit activity or information.
9.6.3 Moderation of DigitalVersus.com
After publication, DigitalVersus.com may moderate data published by Members, without constituting a fault on behalf of DigitalVersus.com or harm to the Member. In the carrying through of this moderation, all Members are invited to contact DigitalVersus.com in order to report abusive or offensive content, or content that conflicts with any other applicable legal or regulatory dispositions.
ARTICLE 10. GENERAL CONDITIONS
10.1 Governing law and jurisdiction
The present general Terms & Conditions of use are subject to French law. The only competent jurisdictions, in the event of a dispute of any kind or a dispute with a merchant user, Member or User, are the Courts for the DigitalVersus.com registered office.
10.2 Modification of the present terms & conditions
The present Terms & Conditions may be modified at any time by DigitalVersus.com. The Terms & Conditions applicable to Users are those in place the day the User accesses the Website. Any time the User connects to their Personal Space, this implies acceptance of any new or modified Terms & Conditions that may be in place.
10.3 Amicable settlement of disputes
Any disputes that may arise in the application of the present Terms & Conditions must, before any legal proceedings may commence, be submitted to DigitalVersus.com in the aim of reaching an amicable settlement.
In the event of any clause of the contract being declared void, all other stipulations shall remain in force to their full extent. In that event, the relevant parties must, wherever possible, replace the void clause by a valid clause corresponding to spirit and intent of this agreement.
10.5 No waiver
Failure by DigitalVersus.com to exercise its rights under the terms of these Terms & Conditions shall not be deemed to be a waiver of such a right or such proceedings.