GENERAL TERMS AND CONDITIONS OF USE OF THE SEE AND SO WEBSITE
Publisher: PRISMA MEDIA GROUP
Registered office: 13, rue Henri Barbusse – 92230 GENNEVILLIERS
Share capital: € 3,000,000
TRADE & COMPANIES REGISTER: 318,826,187
VAT NO.: FR 82 318 286 187
President: Claire LEOST
PRISMA MEDIA (hereinafter “PRISMA MEDIA”), comprising PRISMA MEDIA, a French simplified joint-stock company (SAS) with share capital of €3,000,000, registered on the Nanterre Trade and Companies Register under no. 318 826 187, whose registered office is at 13 rue Henri Barbusse, 92230 Gennevilliers, and all its subsidiaries within the meaning of Article L 233-1 of the French Commercial Code, publishes online content and services sites and mobile or tablet digital media accessible on all digital terminals and available when users connect.
ARTICLE 1 – DEFINITIONS
Each of the terms mentioned below shall have the following meaning in these General Terms and Conditions of Use (hereinafter “the GTCU”):
Sites: websites accessible at the URL address published by PRISMA MEDIA: www.seeandso.com and photo.seeandso.com
Advertiser: legal entity benefiting from a dedicated space to publish its advertising messages on the Website.
Personal Data: any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to a name, an identification number or to one or more elements specific to him or her.
Partner: natural or legal person contractually bound with PRISMA MEDIA.
Services: all functionalities made available by PRISMA MEDIA and available on the Website.
Visitor: any natural person accessing the Site for consultation purposes.
ARTICLE 2 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE
These GTCU are intended for all Visitors and are intended to define the procedures for the provision and use of the Website. These provisions apply concurrently to the Data Protection Charter and the General Terms and Conditions of Sale where they exist.
These GTCU apply, as necessary, to any adaptation or extension of the Website on existing or future social and/or community networks.
The GTCU may be amended at any time, unilaterally by PRISMA MEDIA, according to changes or additions made, in order in particular to comply with any legal changes, changes in case law, or with any editorial and/or technical changes. Visitors are therefore advised to refer to the latest version of the GTCU, which can be accessed at any time on the Site, before any browsing. In the event of disagreement with the GTCU, Visitors may not use the Website.
ARTICLE 3 – CONDITIONS FOR ACCESSING THE SITE
Accessibility: Access to the Website is possible twenty-four (24) hours a day, seven (7) days a week (7) except in the event of force majeure or an event outside the control of PRISMA MEDIA and subject to any breakdowns and maintenance interventions required for the proper functioning of the Website that may be carried out without first notifying the Visitor.
Costs and expenses: The Website is accessible free of charge to any Visitor with Internet access. All software and hardware necessary for the use or operation of the Website Services, Internet access or communication costs are at the Visitor’s expense. The Visitor is solely responsible for the proper functioning of their IT equipment and their Internet access.
Advertisements: In its capacity as publisher of the Website, PRISMA MEDIA is free to market the Website’s advertising space to advertisers of its choice.
ARTICLE 4 – SERVICES OFFERED BY THE WEBSITE
SHARING: Visitors with social media accounts can share articles on the various sharing sites such as Facebook, Google, Twitter, etc.
PARTNERSHIPS: PRISMA MEDIA establishes partnerships to enhance the content and services offered by the Website. These may also contain pages/spaces containing offers of products and services to which Visitors have access if they wish. These offers by the Partners and Advertisers are offered independently and under their sole responsibility.
Consequently, PRISMA MEDIA shall not be held liable for any reason and on any basis whatsoever in relation to the offers thus viewed and any transactions that may result therefrom, with the Partners and Advertisers alone entering into a contractual relationship with the Website Visitors.
The content of the pages/spaces of Partners and Advertisers remains their intellectual property. Any reproduction, republication or redistribution by any means whatsoever is totally prohibited by law without the written consent of the Partners and Advertisers concerned.
As these GTCU do not apply to the content and offers of Partners and Advertisers, Visitors are advised to read the general terms and conditions of use and the general terms and conditions of sale of the websites of Partners and Advertisers.
ARTICLE 5 – WEBSITE AND HYPERLINKS
The Website may contain hypertext links to third-party websites or external sources that do not belong to PRISMA MEDIA and that are provided for information purposes. These links are not controlled by PRISMA MEDIA, which does not respond to or guarantee the availability of such external sites and sources.
The decision to activate these links is the full and complete responsibility of the Visitor. PRISMA MEDIA has no control over these sites and declines all liability for their access, content or use, as well as for any damage that may result from viewing the information on these sites.
If, however, in the pages of the Website there is a link to an external page in which unlawful content was disseminated by a third party, PRISMA MEDIA shall erase the link to this page after having been informed of said content.
As these GTCU do not apply to the content of these external sites, Visitors are advised to read their general terms and conditions of use and their general terms and conditions of sale.
ARTICLE 6 – RETENTION AND ARCHIVING
In accordance with the provisions of the Law on Confidence in the Digital Economy of 21 June 2004, PRISMA MEDIA is required, in its capacity as content hosting provider, to hold and store data that enables the identification of any person who has distributed content through it, in the event that the judicial authorities make such a request.
These data are to be archived on a reliable and durable medium so as to correspond to a faithful and durable copy, in accordance with Article 1379 of the French Civil Code.
ARTICLE 7 – DATA COLLECTED
These GTCU are intended for all Visitors and are intended to define the procedures for the provision and use of the Website. These provisions apply concurrently with the Data Protection Charter.
Personal Data are strictly confidential. Consequently, in accordance with the French Data Protection Act of 6 January 1978, Visitors have the right to access, delete and correct information concerning them.
He or she also has a right to object to the processing of his or her Personal Data for legitimate reasons, as well as a right to object to his or her data being used for marketing purposes.
Finally, the Visitor has the right to define general and specific directives defining the way in which he or she intends his or her rights to be exercised after his or her death.
To exercise these rights, he or she must send a letter, together with a photocopy of an identity document containing your signature, to PRISMA MEDIA’s Data Protection Officer at the following address: firstname.lastname@example.org or DPO, 13 rue Henri Barbusse 92230 Gennevilliers
In accordance with Article 40 of the French Data Protection Act: “right to be forgotten” of minors at the time the data are collected; any minor may request, without justification, that PRISMA MEDIA erase his/her data and content as soon as possible.
ARTICLE 8 – INTELLECTUAL PROPERTY
Except for elements produced by parties outside the Website for which PRISMA MEDIA has a simple licence to use, PRISMA MEDIA shall have exclusive intellectual property rights over all editorial content on the Website, including in particular text, graphics, software, photographs, images, videos, sounds, plans, names, logos, trademarks, creations and works that may be protected, databases, its structure and organisation and, more generally, all design elements on the Website, hereinafter referred to as “the Elements”.
Access to the Site gives the Visitor a private, non-collective and non-exclusive right of use over the Site Elements.
All the Elements constituting works within the meaning of the provisions of Article L 112-1 of the Intellectual Property Code, any representation or reproduction in whole or in part that may be made without the consent of their authors or their successors in title, is unlawful, subject to the provisions set out below. The Visitor may not therefore modify, copy, transmit by e-mail or otherwise, assign, download, display and, in general, exploit the Items.
The Visitor therefore undertakes:
– not to download the Elements except for personal and time-limited use;
– not to print the downloaded Items on paper unless such copies are strictly limited to personal use;
– not to reproduce the digital version of the Elements for press review purposes;
– not to alter, modify, move, remove or replace the Elements.
No hypertext link may return to the Website without the prior express authorisation of PRISMA MEDIA. In the absence of authorisation, such a link could be considered as constituting infringement.
It is recalled that the infringement of one of the copyrights attached to the Website Elements constitutes an infringement offence punishable in France by Article L 335-2 of the Intellectual Property Code and punishable by three years’ imprisonment and a €300,000 fine.
ARTICLE 9 – WARRANTY AND LIABILITY
The editorial contents of PRISMA MEDIA are provided without any kind of guarantee, the obligation of PRISMA MEDIA to provide services being limited to an obligation of means.
The information communicated about all the Website Services, as well as the direct or indirect facts or events resulting therefrom, may not under any circumstances allow PRISMA MEDIA to be held liable for any liability whatsoever.
PRISMA MEDIA expressly excludes, to the extent permitted by the applicable laws, all express, implied and legal guarantees of the security, reliability, timeliness and performance of its Services, including without limitation guarantees of commercial success and non-infringement of property rights.
PRISMA MEDIA undertakes to do its utmost to secure access to, access to and use of the Website in accordance with the rules on Internet use. PRISMA MEDIA may not therefore be held liable in the following cases (including in the event of damage suffered by third parties):
– temporary interruptions of the Services necessary for their upgrade, maintenance, or more generally in the event that certain files are updated;
– operating difficulties or temporary interruption of the Services beyond PRISMA MEDIA’s control, particularly in the event of interruption of electricity or telecommunications services;
– failures or malfunctions of the Internet network in the transmission of messages or documents;
– deletion, impossibility of storage, incorrect or inappropriate transmission of editorial content appearing on the Website;
– damages that may result from the downloading or use of editorial content available on the Website or accessible on third-party websites via the Website Services;
– damages that may result from Visitor Contributions.
Furthermore, the Visitor remains solely liable for damages and losses, whether direct or indirect, material or immaterial, if they have for cause, basis or origin a use of the Site by themselves or by any person authorised by them to use this Site, whether this use is made fraudulently or not fraudulently. It therefore expressly waives any claim or legal action relating to such damages and losses, on the basis of the contractual liability of PRISMA MEDIA in its capacity as publisher of this Website or on any other basis.
SIGNATURE OF LOCAL
On the Website, the Users may sign the publication of any contract or content of which they may be aware, that is not related to the subject matter addressed, contrary to the editorial line of the Website and these GTCU and/or that conflicts with applicable rules and laws.
This option can be exercised by sending an e-mail to the following webmaster address: email@example.com allows you to send a specific message to a team of Site modalities.
ARTICLE 10 – COURTS AND APPLICABLE LAW
These GTCU are governed by French law.
They are written in English.
Any disputes to which the GTCU may give rise concerning their validity, interpretation, performance or termination, their consequences and their consequences shall be submitted to the courts of Nanterre.