TERMS AND CONDITIONS (PROFESSIONNALS)
Mobile users should read carefully section 7.4 of those terms & conditions
Article 1 – Identity
- The company LINKAVIE
The editor of the website is www.linkavie.com LINKAVIE company SASU with a capital of € 15,000, registered with the RCS Aix en Provence under number 804 953 958 whose registered office is 455, street of the great Tousque – 13100 Aix en Provence.
The phone number is 04133401 10
Vat number is FR35 804953958
The Publishing Director is Mr Thomas Luquet.
The LINKAVIE Cloud services are hosted by Amazon Web Services (http://aws.amazon.com/fr/) in Ireland.
European headquarters of Amazon Web Services: 31-33 Rives de Clausen L-2165 Luxembourg
Tel: +352 27 89 0605
United States: 1200 12th Ave S, Seattle, WA 98144
Tel: +1 (888) 280-3321
Article 2 – Purpose
These Terms & Conditions are intended to define the conditions under which the customer can benefit from the LINKAVIE platform for storing media content and files in a collaborative environment to unite and create a link in a company (www.linkavie.com ).
Article 3 – Définitions
Client: company, association, club, works council, trade union or any other professional LINKAVIE subscribing to cloud services.
Administrator: Person defining the rules of operation and operating parameters of Cloud LINKAVIE service contributors and users: methods of content moderation, sharing, contribution levels and the contributors and user permissions. The administrator controls the rights (add, delete, modify, invitation, sharing, moderation, defined roles for each user etc ..) on the environment dedicated to the customer.
LINKAVIE Application: downloadable mobile application on mobile and tablet and used only as part of a mobile event.
Content: this includes all data, information, files, text, images, video, audio, codes, logos, designs etc …
Contributor: person with an account on the platform LINKAVIE can add, change, shared content to the client’s collaborative space, as part of an event or other activity of the latter. A Contributor can not erase the contents made available by other contributors. The rights to the collaborative space are governed by the rules and parameters defined by a Director.
Member: who has an account on the Platform LINKAVIE with limited access (read only) to the customer’s collaborative space.
Users: person with no account on the platform, but occasionally LINKAVIE with read-only access and / or writing on the contents of the client’s collaborative space.
Event: Creating an online space dedicated to website www.linkavie.com a limited time event such as a meeting, seminar, a party, a presentation …
Moderation: Action to limit certain actions on the content posted and shared on the platform LINKAVIE or prohibit the publication of certain content in the collaborative space LINKAVIE customer.
Parties: mean LINKAVIE and Customer
Article 4 – LINKAVIE Services
LINKAVIE is a participatory social platform to unite people around the internal and external projects, activities or events organized by the customer. LINKAVIE also allows storing media content (photos, videos and documents) and create interactive digital books collaboratively to share that content with internal or external persons to the customer.
The client creates a community and / or an event on the website www.linkavie.com including a director, contributors, guests and users.
The community or the contents can be private or public.
This community can have access to different services:
4.1. Mandatory user account creation
In order to access the LINKAVIE services, the customer must first create a free user personal account.
The creation of the user account is a prerequisite for the creation of a corporate account.
This account gives access to free storage space of 2GB (free subscription indefinite).
4.2. Content management and interactive book creation
Community (the client) can create one or more digital interactive books or albums and manage a gallery of content, photos, videos and documents.
The administrator will set the rules and access rights of community members. For example, the administrator can choose to share all or part of an album, it may allow or its copy in the personal space of contributors and / or guests. The administrator can also delegate a number of tasks to members of the community Contributors (Adding, creating, editing, sharing, invitations, moderation etc.)
Or the contributor (s) may take or edit content but cannot delete the content posted by other contributors.
The only right granted to a guest member of the community or user’s access to the digital album or to the gallery to view the content.
4.3. Event creation
The customer can create an online space for a specific event (a meeting, seminar, a party, a folder, a sales presentation …) and invite some or all members of the community or any person with a specific role (or Guest Contributor) LINKAVIE for the event in this new collaborative space associated with the community.
Event organizer can set a number of parameters and permissions for the event Contributors. The client determines the date or time of the event.
The mobile event and the LINKAVIE Application:
As part of this event, the customer can create a “mobile event” that is to say, the possibility for participants to connect to the area of the event (the own access code each event will previously been sent to participants by the event organizer) to take pictures with their mobile device (phone) through mobile LINKAVIE but also the ability to send messages between mobile users connected to the event, by the same mobile application. Photographs can be instantly sent (depending on the quality of the telephone network or Wifi available at the place of the shooting) or a posteriori, in the event space.
Depending on the type of event, including the administrator can choose to allow participants in the mobile event to keep photographs in their personal gallery of their mobile phone or on the contrary prohibit it. It can also allow or prohibit the sharing of photos taken with mobile LINKAVIE on social networks.
Finally, all the photographs taken during the event (date or period) with LINKAVIE mobile LINKAVIE directories are removed from said mobile phone after the end date of the mobile event. The photographs copied (if the copy was authorized by the event organizer) in the personal gallery of the mobile phone of the participant is not deleted.
As part of the events, it is the Customer’s responsibility to inform users of the rules implemented by the event administrator such as operating rules, and content and data control parameters.
Only the client will be responsible for the communication. Responsibility for LINKAVIE therefore cannot be held liable for any claim of a user relative to the operating rules of an event.
The customer is informed that the creation of a mobile event is not free and requires the signature of a license. This license by point or unlimited use can be included as part of a subscription customer with a personalized proposal.
4.4. Storage of Data
To allow the creation of a digital album or event, LINKAVIE offers customers an online storage space for the storage of any class of content that can be organized and managed from the website www. linkavie.com.
The online content must be stored in accordance with section 7.2. of these terms and conditions.
Article 5 – Contract start and subscription duration
5.1. Contract start
5.1.1. Free membership will take effect after confirmation from the client of registration under the conditions of Article 6.1.
5.1.2. This Subscription Agreement will enter into force on the day of the order of creation of the customer community in LINKAVIE Web application (resp creating an event) by the Client.
5.2. Subscription duration
The duration of the subscription depends on the service (s) LINKAVIE.
5.2.1. The creation of the user account with access to the 2 GB storage is permanent.
5.2.2. Subscription to other services (community, collaborative use etc …)
The subscription is for a period of one (1) year or three (3) years non-renewable.
To ensure continuity of service, the customer must resubscribe later than one (1) month before the end of the current contract. Otherwise, all account data will be deleted at the end of the current contract without the responsibility of LINKAVIE being incurred.
Article 6 – Account creation
6.1. Registration information
To view the LINKAVIE Companies www.linkavie.com services available on the website, the Customer must register online and create a new account LINKAVIE.
Customer must complete the form online including informing them the name, first name, an email and a password. He can choose to receive newsletters LINKAVIE.
Fields marked with an asterisk must be filled. Otherwise, the registration will not be taken into account.
The customer agrees that the indicated information is accurate and keep them updated via his personal space online.
Concomitant email is sent by LINKAVIE to confirm the application. The customer will not benefit from the online services LINKAVIE confirmation of the application. After saving, the customer is notified via the Web interface LINKAVIE sends a confirmation email. This email contains a link that the customer must click to confirm the authenticity of registration. Confirmation of registration then gives access to LINKAVIE services. At any time, the confirmation email may be returned after authentication on the LINKAVIE account. This confirmation of action is not limited in time, but access to LINKAVIE service can only be opened after confirmation of registration. When the client is authenticated and attempts to access their personal space without LINKAVIE confirmed registration, a message will remind her of the obligation to confirm registration before any use of LINKAVIE services and access is limited to viewing this message.
After confirming registration request, the Customer has a LINKAVIE personal space with a storage capacity of 2GB, offered by LINKAVIE.
The Customer can then create a community and make the invitations of members and specifying services and rules of operation of the community.
6.2. Username and password
The customer and each member or guest Contributor of the community and / or a community event), so have a personal account with a username and password.
The username and password are strictly personal. The loan or sale of the username and password to any third party is prohibited and that whatever the reason. It is the only responsible for maintaining the confidentiality of their username and password.
In the event of unauthorized use of a username and / or password or forgetting their password, the customer must follow the instructions on the www.linkavie.com website.
On the occasion of subsequent visits, the client must explicitly specify a username and password to access their account.
Article 7 – Client obligations and responsability
7.1. The customer agrees not to:
– Usurp the identity of others, thereby constituting a criminal offense;
– Undermining site content www.linkavie.com;
– Do not try to enter illegally in www.linkavie.com databases;
– Do not try to enter illegally in other online spaces Clients on www.linkavie.com;
– Threaten, harass or intimidate a user;
– Provide viruses and / or other technological systems that could harm LINKAVIE or other users.
The customer is responsible for any damage of any nature, material and / or immaterial, direct and indirect damage to third parties and LINKAVIE due to the use or illicit exploitation of LINKAVIE platform.
The Customer undertakes to inform LINKAVIE in the shortest possible time, in the event that the content was removed or deleted accidentally either directly or indirectly by the customer.
For content, it includes understanding any data, information, files, text, image, video and audio, code navigation element, domain name, hyperlink, logo and design.
The customer agrees not to upload content:
– Contrary to public order and morality;
– Attacking the image rights and privacy of others;
– Assaulting an intellectual property right of a third person (trademark, copyright and designs). Counterfeiting is punishable by three years imprisonment and a fine of € 300,000;
– Who would constitute a breach of the law of 29 July 1881 on the freedom of the press (insult, libel …)
– A pornographic nature of a minor and generally any act relating to pornographic or indecent nature of content in all cases where minors may have access;
– A fascist, xenophobic, racist or sectarian;
– Malicious, vulgar, obscene, fraudulent;
– The words and / or images insulting, humiliating or invasive of a person’s privacy;
– Likely to undermine respect for the human person and his dignity, equality between women and men, protection of minors;
– Encouraging, containing or causing discrimination, insult, hatred or violence against a person or group of people, especially because of their origin or their belonging or not to a ethnic group, nation, race or religion, disability, sexual preference or any other difference;
– Advocating the denial or questioning war crimes and / or crimes against humanity (revisionism)
– Encouraging the commission of crimes or trade and consumption of illegal substances, prostitution, terrorism, sexual assault, theft, suicide, violence, dangerous criminal damage and damage to people, achieved the authority of Justice;
– Relating to the right of personality (invasion of privacy, disclosure of an image without the permission of the person, private data disclosure and / or personal …)
The customer agrees not to make unsolicited commercial advertising (spam) or promotion of a product and / or service including tobacco and / or alcohol either directly or indirectly .
7.3. Photographs and videos
The customer has the opportunity to illustrate his profile photograph and share photographs. It also has the ability to take photographs via mobile LINKAVIE.
Customer represents and warrants that it has rights over or photograph (s) and / or video (s) chosen (s) and download (s).
It therefore agrees that the photograph does not infringe the right in the image and privacy of a third party, copyright and generally any rights of another.
It is expressly forbidden to publish the image of a person without their consent or any material that may infringe the privacy of a person without his authorization.
7.4. The mobile application LINKAVIE
The mobile application can be used as part of a mobile event organized by the client or through professional use LINKAVIE community associated with the client (mobile service). The mobile application LINKAVIE is governed by the same rules of operation and configuration, regardless of its use.
When downloading the LINKAVIE application, the application user is required to accept the terms and conditions.
By downloading the LINKAVIE application, the application user represents and warrants have obtained the access code directly from the administrator of the event or the community.
By downloading the LINKAVIE application, the application user specifically agrees to comply with Articles 7.1, 7.2 and 7.3. of these terms and conditions.
In addition, the application user is expressly informed that mobile event of the administrator is only to define the rules for the event or the mobile service concerned and accepts the application of those rules. It is the user’s responsibility to understand the rules defined by the administrator. Responsibility for LINKAVIE will not be engaged on this point since LINKAVIE has no control over the selection and the rules defined by the administrator of the event or the mobile service.
For your information, the administrator can choose:
– Or not to ban the use of the telephone network to use the services of LINKAVIE implementation;
– Prohibit or otherwise copying photographs taken through the application LINKAVIE personal gallery application user;
– Or not to ban the sharing of photographs taken through the implementation LINKAVIE on social networks;
– That all application users connected to the event can see all the photographs taken as part of the event;
The user is informed and agrees that in principle, at the end of the event or subscription to the mobile service by the customer, the photographs taken with the app is deleted LINKAVIE of LINKAVIE storage appearing on the mobile phone.
Thus, only the photographs of the transferred LINKAVIE storage space to standard photo gallery of the mobile phone can be kept.
However, if the Administrator of the event or the mobile service has chosen to prohibit the transfer of photographs of the LINKAVIE storage space to standard photo gallery, copies will be possible so that the User and the accept customer.
7.5. Saving the content posted by the Customer
All photos, videos and other content downloaded LINKAVIE by the Customer and Users (“User Content”) downloading on behalf of the Customer, are the property of their respective owners.
LINKAVIE implements the necessary means to ensure a high level of service availability with backup systems and customer data in particular, as well as the procedures for restoration or restart. Nevertheless, it is the responsibility of the customer to make a backup of its data and files before any transmission site LINKAVIE.
If lost for any reason whatsoever of the content, the responsibility LINKAVIE will not be committed. Customer relinquishing any recourse on this point against LINKAVIE.
In the event that content was removed or deleted by a Customer, directly or indirectly, LINKAVIE has the ability to communicate the contents deleted within 2 business days for a volume of less than 5 GB and 5 days maximum for higher volume measurements from the receipt of the request of the Customer. Beyond 5GB, this data recovery service removed by the customer will be charged on a time.
In the absence of customer demand, the responsibility can not be held LINKAVIE.
Article 8 – LINKAVIE obligations and responsabilities
LINKAVIE agrees to implement all means to ensure the best possible provision of services LINKAVIE platform.
The service may be interrupted due to maintenance. LINKAVIE inform the customer on the home page of the platform LINKAVIE at least sixty (72) hours before the start of operations. LINKAVIE will make every effort so that maintenance operations are carried out either at night or on weekends. The interruption for a minor update usually does not exceed 1 hour. For a more substantial maintenance, LINKAVIE communicate to the customer the estimated time. In any event, the responsibility can not be held LINKAVIE.
Responsibility for LINKAVIE can not be held liable for force majeure as natural disasters, strikes, labor disputes, state of war, earthquake, fire, explosion, malfunction or interruption of electrical or telecommunications networks; facts of a third party or customer negligence and / or user.
Assuming responsibility for LINKAVIE would be engaged, it will be limited to the amount of the subscription or subscription amount to the management of an event.
However, LINKAVIE would not be liable for indirect or unpredictable damage. By express agreement, are considered non-compensable indirect, commercial loss and image, loss of sales orders, profits, third party claims, loss of data and files.
The content posted by the Customer are its unique control LINKAVIE not involved in the selection of content from the client, liability can be incurred on this account.
Article 9 – Signaling illegal content
Customer believing that content has an unlawful undertakes to inform LINKAVIE as soon as possible so that LINKAVIE can be aware and take the necessary action.
To this end, LINKAVIE inform the Client that a form is posted under the heading “CONTACT” – subject: “REPORT ILLEGAL CONTENT.”
Customer must provide the following information:
– The date of notification;
– The name and surname;
– His home;
– His nationality;
– The date and place of birth;
– The description of the facts and the precise location of Bad Content concerned;
– The reasons why the content should be removed, including the reference to the legal provisions and justifications of the facts:
– A copy of the correspondence to the content author requesting the interruption, withdrawal or modification of said content and justification for what the author could not be contacted.
The Customer certifies that the information provided in the notification form is accurate. The Customer is expressly informed that “the fact, for any person to present content or activity as illegal in order to obtain the withdrawal or to stop the broadcast, when she knows this inaccurate information is punishable by a sentence of one year imprisonment and a fine of € 15,000 “(Article 6-I-4 of the LEN law No. 2004-575 of 21 June 2004).
Article 10 – Financial conditions
LINKAVIE offers different service packages to its customers.
- A subscription to the cloud service packs LINKAVIE. The price of these packs can be standard on subscriptions and payable posted online on the website of LINKAVIE or customized. In the latter case, they depend on the number of users, selected optional licenses (eg NewsLetter License, unlimited mobile etc. ..), the desired storage capacity etc. A customized quote is then sent to the client that accepts signing with “Good for agreement”.
- Packs for specific events and limited in time. The price of these packs can be standard. They are then displayed and payable online on the website of LINKAVIE. The price can also be customized and the number of users of the mobile application, the number of contributors, the desired storage space and data storage life. Similarly a custom quote is then sent to the client that accepts signing with “Good for agreement”.
The prices are exclusive of taxes (VAT) and plus the VAT.
10.2. Payment terms
The customer can adjust the subscription to the platform LINKAVIE credit card for services available online, or by check or wire transfer for custom quote. The bank details are then transmitted with the quotation.
An invoice will be issued within 5 days following the date of purchase or signature quote or order and will be sent to the customer in PDF format by email. Invoices are in any case payable 30 days from date of issue.
10.4. Delay or failure to settle
If payment is not honored for any reason, delay or non-payment will result automatically and without prior notice, the production of interest from the date of payment at a rate of 4 times the legal interest rate.
The Client will, moreover, be liable to a lump sum of € 40 for recovery costs.
LINKAVIE may suspend the subscription for a period of one (1) month. If at the end of this period, the settlement is not reached, the Customer account will be terminated without prior notice and without this liability for LINKAVIE or entitlement to compensation to the Customer.
Article 11 – Non-compliance with Terms & Conditions
In case of non-compliance with any provision of these terms, LINKAVIE reserves the right to close the customer’s account after a formal notice remained unsuccessful.
The client does not have the opportunity to re-register under the same name or a pseudonym. Otherwise, he is liable to prosecution.
The closing of the client account will be without prejudice to any damages that LINKAVIE could claim for compensation for any damage suffered.
The customer must arrange to recover all content posted on the LINKAVIE platform.
Article 12 – Termination
12.1. Free Subscription cancellation
Either party may terminate the free subscription without any reason by registered mail with return receipt subject to compliance with a notice period of fifteen (15) days. At the end of this notice, the subscription will terminate automatically without further formality. The customer is however informed that the termination of the free personal subscription will delete personal account LINKAVIE concerned and therefore unable to connect to different LINKAVIE Cloud services on www.linkavie.com site.
The termination of the free subscription will not result in automatic termination of the Client paid subscription is fixed term.
12.2. Early termination of the Customer subscription (free)
In case of non-compliance by a Party of its obligations under the paid subscription, it may be terminated by the injured party.
It is expressly provided that such termination will be full thirty law (30) days after the receipt or the date of first presentation of formal mail to run, remained, in whole or in part, without effect.
The termination will automatically without the need of a finding by a court decision.
Early termination of the Customer subscription (paid) will not, automatically, the termination of the free subscription.
Article 13 – Subscription termination consequences
At the end of the contract for any reason whatsoever, the Customer’s account will be closed with all deleted content LINKAVIE servers in the month following the end of the subscription.
The Customer must take steps to recover the content posted on LINKAVIE before the end of the subscription.
Article 14 – Personal Data
To register on LINKAVIE platform, the Customer must complete a form.
Some of the requested information constitutes personal data. They are recorded and stored by LINKAVIE. LINKAVIE undertakes to respect the confidentiality of personal data provided by the Customer.
Personal data collected by LINKAVIE such as name, surname, email address are required for registration, account management, management options could choose the Customer, billing and promotional emails.
Regarding promotional mails, the customer has the possibility to unsubscribe to each email received by clicking on the hyperlink available for this purpose.
The personal data is exclusively for LINKAVIE.
The Customer is expressly informed that LINKAVIE shall be entitled to disclose all or part of the Customer’s personal data injunction judicial authorities.
The charge of personal data processing is: Mr. Thomas Luquet.
In accordance with the law of 6 January 1978 “and Freedoms”, the Customer has a right to access, rectify and delete personal data.
It also has a right of objection for legitimate reasons.
To exercise these rights, the customer must send their request by e-mail at: email@example.com indicating in the subject line “personal data”.
Personal data will not be transferred outside the European Union.
According to the law of 6 January 1978, the collection and processing of personal data has been declared to the French CNIL (Commission Nationale Informatique et Libertés) under number 1803207 v 0
Article 15 – Cookies
Cookies are small text files that are created during internet connection that can be saved, according to your choice, in a dedicated space on your device.
When the Customer and/or a user browses on the LINKAVIE website and/or the LINKAVIE application, LINKAVIE may have to record information in cookie files installed on your terminal in line with the choices you made regarding cookies. This information is used to deliver high quality LINKAVIE service and may be related to the Customer’s navigation terminal on the LINKAVIE service.
The cookies likely to be installed by LINKAVIE allow:
- to compile statistics and volumes of traffic and use of the various components of the LINKAVIE website in order to improve the usability and value of the site;
- to adapt the presentation of the LINKAVIE website to the Customer’s terminal display preferences during his/her visit on the site;
- to save data recorded on forms filled out by the Customer (registration, selected option(s));
- the Customer to access personal and restricted spaces of the LINKAVIE website (the account using the login details …) or to memorize the last page visited to reposition the client on the same page for a future connection etc. ;
- the implementation of security measures.
15.1. The Shared Use your terminal
LINKAVIE cannot ensure with certainty that services and advertisements for the Client terminal correspond to its own use of the terminal and not to any other user of that terminal.
Sharing with others using the Client terminal and configuration of browser settings with regard to cookies, are the free choice of the Customer and its responsibility.
LINKAVIE reserves the right to display advertisements to users with a free personal subscription.
The interest of showing up advertisements tailored to the Client navigation
The objective of LINKAVIE is to present the most relevant ads possible. To do this, cookie technology to determine which advertisements to display to a terminal, in real time, based on recent browsing on one or more sites or applications.
The Client’s interest in the advertising content is to be displayed corresponding advertisements to your interests. Similarly, advertisers who want their broadcast commercials, are interested in posting their offers to users most likely to be interested in them.
third party Cookies
The advertising content broadcast in the advertising space LINKAVIE may contain cookies sent by third parties. These cookies can come either from the advertiser is a third party service provider to the advertiser (such as an advertising agency) an advertising exploiting the advertising space LINKAVIE.
The purpose of these cookies, in most cases, is to count the number of displays advertising content broadcast via advertising space LINKAVIE, identify the ads displayed, the number of users who clicked on each advertisement, allowing them to calculate the amounts due to this fact and to compile statistics and recognize your terminal at its subsequent browsing of any site or service on which these advertisers or those third parties also issue cookies and, where appropriate, adapt these third party sites and services or advertising they broadcast, navigation of your terminal which they are aware.
Cookies also allow including advertising agencies to tailor advertising that they operate to the display preferences of the client terminal according to the materials and viewing or playback software that the Customer has terminal.
15.3. Your choices about cookies depending on the browser used
The “Help” menu of every browser allows to inform you about how to express and modify your choices about cookies;
– For Safari ®: Choose Safari> Preferences and click Security; click Show cookies and select the desired options, or: http: Safari //docs.info.apple.com/article.html path = / 3.0 / en / 9277.html?.
– For Firefox: Open the Tools menu and select Options; Click the Privacy tab and select the desired options or: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies.
– For Internet Explorer: Open the Tools menu and select Internet Options; Click the Privacy tab and select the desired level or: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies.
– For Chrome®: Open the setup menu (wrench logo dials) and then select Settings; click Advanced Settings and Content Settings, and then select the desired options or: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647.
– For Opera®: Open the Tools menu and select Preferences; click ongletAvancé then in the Cookies section click Manage cookies; select the desired options or: http://help.opera.com/Windows/10.20/fr/cookies.html.
The customer also has the ability to connect to the site www.youronlinechoices.com/fr/ proposed by professional digital advertising grouped within the European Association EDAA (European Digital Advertising Alliance) and managed in France by interactive Advertising Bureau (IAB) France.
The Customer may know the companies listed on this platform and offer the ability to deny or accept cookies used by these companies to suit your browsing information advertisements may be displayed on your terminal: http: / /www.youronlinechoices.com/fr/controler-ses-cookies/.
This European platform is shared by hundreds of professional advertising on the Internet and provides a centralized interface for expressing his refusal or acceptance of cookies that may be used to adapt to the navigation of your advertisements terminal may be posted.
However, this does not prevent inclusion of advertisements on the websites that the Customer will visit. It will block only the technologies to adapt advertisements to its interests.
15.4. Cookies “FLASH” ® of “ADOBE FLASH PLAYER”
“Adobe Flash Player ®” is a computer application that enables the rapid development of dynamic content using the computer language “Flash”. Flash (and similar applications) stores settings, preferences, and the use of these content through technology similar to cookies. However, “Adobe Flash Player” handles this information and your choices via a different interface from that provided by your browser.
To the extent that your terminal is likely to view content developed with Flash language, the Client will then access its Flash cookie management tools directly from the Adobe website Internal to the following address: http // www .adobe.com / en /.
15.5. Social networks
The LINKAVIE site uses plug-in social networks including Facebook® Twitter® and operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
If the Client interacts with plug-ins, information related to the Customer LINKAVIE browsing the site and its adherence to these networks will be transmitted and stored on a company server that exploits the social network in question and shared according the parameters of the Customer’s account on these social networks and in accordance with the conditions of use of the social network in question.
If the Customer does not want the social network in question connects the information collected through the website LINKAVIE their account, it will disconnect from the social network before visiting the site LINKAVIE.
The Customer is expressly informed that the use of these plug-ins or buttons is operated by these social networks and subject to the conditions binding the Client and the social network in question which he is a member.
Article 16 – Identification Data conservation
As its quality of hoster and in accordance with Article 6-II of the Law on Confidence in the Digital Economy No. 2004-575 of 21 June 2004 and its implementing Decree No. 2011-219 of 25 February 2011, LINKAVIE is subject to the obligation to keep client identification data and users of the services offered via LINKAVIE.
Article 17 – Change of Terms and Conditions
LINKAVIE reserves the right to modify these general terms and conditions, in particular as a result of the evolution and / or modification of its headings, the evolution of the law and / or the jurisprudence.
LINKAVIE will inform the customer by a message on its account at www.linkavie.com with the effective date of these new general conditions.
If the customer does not wish to be granted the new general conditions of subscription, he will have to send an e-mail to LINKAVIE in order to request the closing of his account and the reimbursement of the remaining subscription.
This request must be made before the date of entry into force of the new general conditions of subscription.
Otherwise, the customer will have to accept the new general conditions on the first connection after the entry into force of the new general conditions.
Article 18 – Opposability of the general conditions of sale
LINKAVIE reserves the right to change these terms and conditions, particularly due to the development and / or modification of its sections, the evolution of the law and / or case law.
LINKAVIE inform the customer by a message on his account on www.linkavie.com with the date of entry into force of the new terms and conditions.
If the customer does not wish to see applied the new general conditions of subscription, it must send an email to LINKAVIE to request the closure of his account and refund of the subscription remaining.
This request must be made before the date of entry into force of the new general conditions of subscription.
Otherwise, the customer will accept the new terms and conditions at its first posterior connection to the entry into force of the new terms and conditions.
Article 19 – Intelectual property
19.1. The LINKAVIE Brand
LINKAVIE holds the French brand LINKAVIE filed with the INPI and registered under number 3820196.
Use of www.linkavie.com website and / or LINKAVIE implementation does not entail any transfer of ownership to the customer.
Any reproduction of the mark without the prior written permission of LINKAVIE constitutes an act of infringement and will likely result in prosecution.
19.2. The website www.linkavie.com
LINKAVIE holds all copyrights to its site and web application as a whole and on each element ie including graphic design, editorial content, photographs, software, designs, databases. This does not include content (photos, videos, documents) uploaded to LINKAVIE by the Customer or its representatives, who are their property.
The use of online services offered on the website www.linkavie.com does not transfer ownership to the professional.
Any partial or total reproduction of the contents of the website without the prior written permission of LINKAVIE constitutes an act of infringement may result in legal action.
Article 20 – URL Links
The simple, deep hypertext links on the website www.linkavie.com were inserted into the rules in force.
However, LINKAVIE can not guarantee the content of targeted websites by hyperlinks. Responsibility for LINKAVIE therefore can not be sought in this regard.
Article 21 – Mutual independance declaration
The parties expressly declare and acknowledge that they are and will continue throughout the duration of this contract, independent commercial and professional It is formally agreed that any tolerance or waiver of a party in the application of all or part of the commitments set forth in these terms and conditions of sale whatever may have been the frequency and duration, can not argue modification general conditions of sale, nor generate any right. partners, each ensuring the risks of its own activity.
Article 22 – Partial invalidity
The invalidity or unenforceability of any provision of these terms and conditions do not prevail nullity of the other stipulations remain in full force and effect.
Article 23 – Tolerance
It is formally agreed that any tolerance or waiver of a party in the application of all or part of the commitments set forth in these terms and conditions of sale whatever may have been the frequency and duration, can not argue modification general conditions of sale, nor generate any right.
Article 24 – Language and applicable law
These general conditions are available in French and in English. Prevail only the French version.
These general conditions are subject to French law.
Article 25 – Competence attribution
In case of dispute, only the courts of Aix en Provence will be competent, whether for emergency or protective summary proceedings or by petition and notwithstanding the plurality of defendants or guarantee.