Effective date: October 31st, 2021.
1 – PURPOSE
The purpose of these general conditions of use is to define the terms and conditions of use of the services offered on the site (hereinafter: the “Services”), as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the home page of the site.
2 – SERVICE OPERATOR
The Services are operated by the company SHIGETA, a French joint stock company, with a share capital of 217,950 euros, registered with the RCS of Paris under the number 519 493 258, whose registered office is located 116 rue du Bac – 75007 Paris (France) (hereinafter: “SHIGETA“).
SHIGETA can be contacted at the following coordinates:
Mailing address: 116 rue du Bac – 75007 Paris (France)
E-mail address: firstname.lastname@example.org
3 – ACCESS TO THE SITE AND SERVICES
The Services are accessible, subject to the restrictions provided on the site:
- to any natural person with full legal capacity to enter into commitments under these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the consent of his or her legal representative;
- any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
4 – ACCEPTANCE OF THE GENERAL CONDITIONS
Acceptance of these terms and conditions is evidenced by a checkbox in the registration and/or contact form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. Any User who does not agree to be bound by these terms and conditions must not use the Services.
5 – REGISTRATION ON THE SITE
The use of the Services requires the User to register on the site, by filling in the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of the User (hereinafter: the “Account“), giving him/her access to a personal space (hereinafter: the “Personal Space“) that allows him/her to manage his/her use of the Services in a form and according to the technical means that SHIGETA judges the most appropriate to render said Services.
The User warrants that all information provided in the registration form is accurate, current and truthful and is not misleading.
He/she agrees to update this information in his/her Personal Space in case of modifications, so that it always corresponds to the above-mentioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation.
The User can access his Personal Space at any time after having identified himself/herself with his login and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility.
He is also responsible for maintaining the confidentiality of his login and password. He must immediately contact SHIGETA at the address mentioned in article 2 of the present document if he/she notices that his/her Account has been used without his knowledge. He/she acknowledges the right of SHIGETA to take all appropriate measures in such a case.
6 – DESCRIPTION OF SERVICES
The User has access to the Services described on the site, in a form and according to the functionalities and technical means that SHIGETA deems the most appropriate.
7 – FREE SERVICES
The Services are provided free of charge.
8 – DATA
The User expressly acknowledges and agrees:
- that the data collected on the site and on the computer equipment of SHIGETA are proof of the reality of the operations carried out within the framework of the present;
- that these data constitute the only mode of proof admitted between the parties, in particular for the calculation of the amounts due to SHIGETA.
The User can access this data in his/her Personal Area.
9 – OBLIGATIONS OF THE USER
Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations:
The User undertakes, in his/her use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
He/she is in particular solely responsible for the proper completion of all administrative, fiscal and/or social formalities and for all payments of contributions, taxes or duties of any kind that are incumbent upon him, where applicable, in connection with his use of the Services. The responsibility of SHIGETA can in no case be engaged in this respect.
The User acknowledges that he/she has read the characteristics and constraints of all the Services, particularly the technical ones, on the site. He is solely responsible for his/her use of the Services.
The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
The User is also solely responsible for the relationships he or she may form with other Users and the information he or she communicates to them in the context of the Services. It is the User’s responsibility to exercise due care and discretion in these relationships and communications. The User also agrees, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
The User agrees to make strictly personal use of the Services. Consequently, he/she shall not assign, concede or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever.
User agrees to provide SHIGETA with all information necessary for the proper performance of the Services. More generally, the User agrees to cooperate actively with SHIGETA in the proper performance of this agreement.
The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image chosen by the User to identify him/her on the site) that he/she disseminates within the framework of the Services (hereinafter referred to as: the “Content”).
He/she guarantees to SHIGETA that he/she has all the rights and authorizations necessary for the distribution of this Content.
The User agrees that the said Content is lawful, does not infringe public order, public morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is in no way likely to bring into play the civil or criminal liability of SHIGETA.
The User is thus prohibited from distributing, in particular and without this list being exhaustive :
- pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist Content
- infringing Content,
- Content that is detrimental to the image of a third party,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and more generally Content that may infringe the rights of third parties or be prejudicial to third parties, in any way and in any form whatsoever.
The User acknowledges that the Services offer an additional but not alternative solution to the means he/she already uses to achieve the same objective and that this solution is not a substitute for these other means.
The User must take the necessary measures to save by his/her own means the information he/she deems necessary, of which no copy will be provided.
The User is informed and accepts that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
10 – USER’S WARRANTY
The User indemnifies SHIGETA against all claims, complaints, actions and/or demands whatsoever that SHIGETA may suffer as a result of the User’s breach of any of its obligations or warranties under these terms and conditions.
It undertakes to compensate SHIGETA for any damage it may suffer and to pay all costs, charges and/or judgments it may have to bear as a result.
11 – PROHIBITED BEHAVIORS
It is strictly prohibited to use the Services for the following purposes:
- engaging in illegal, fraudulent or infringing activities against the rights or safety of third parties,
- undermining public order or violating applicable laws and regulations,
- Intrusion into a third party’s computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,
- sending unsolicited emails and/or commercial solicitations,
- manipulations intended to improve the referencing of a third party site,
- aiding or abetting, in any form or manner, one or more of the acts and activities described above,
- and more generally any practice diverting the Services to purposes other than those for which they were designed.
It is strictly forbidden for Users to copy and/or divert for their own purposes or those of third parties the concept, technologies or any other element of the SHIGETA website.
The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the systems of SHIGETA, (iii) any misappropriation of the system resources of the site, (iv) any actions likely to impose a disproportionate burden on the infrastructures of the latter, (v) any infringement of security and authentication measures, (vi) any act likely to prejudice the rights and financial, commercial or moral interests of SHIGETA or the users of its site, and finally more generally (vii) any breach of these general conditions.
It is strictly forbidden to monetize, sell or license all or part of the access to the Services or the site, as well as the information hosted and/or shared therein.
12 – SANCTIONS FOR NON-COMPLIANCE
In the event of a breach of any of the provisions of these terms and conditions or more generally, a breach of the laws and regulations in force by a User, SHIGETA reserves the right to take any appropriate action and in particular to :
- suspend or terminate the access to the Services of the User, author of the breach or infringement, or having participated in it,
- delete any content posted on the site,
- publish on the site any information message that SHIGETA will consider useful,
- notify any relevant authority,
- initiate any legal action.
13 – LIABILITY AND WARRANTY OF SHIGETA
SHIGETA undertakes to provide the Services with diligence and according to the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly recognize and accept.
SHIGETA has no knowledge of the Content put online by the Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and with regard to which it intervenes only as a hosting provider.
Consequently, SHIGETA cannot be held responsible for the Contents, whose authors are third parties, any possible complaint having to be directed in the first place towards the author of the Contents in question.
Content that is prejudicial to a third party may be notified to SHIGETA in accordance with the terms and conditions set forth in Article 6 I 5 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, SHIGETA reserving the right to take the measures described in Article 12.
SHIGETA declines all responsibility in the event of possible loss of the User’s information, the User having to save a copy and not being able to claim any compensation for this.
SHIGETA undertakes to carry out regular checks to verify the operation and accessibility of the site. In this respect, SHIGETA reserves the right to temporarily interrupt access to the site for maintenance reasons. In the same way, SHIGETA cannot be held responsible for the difficulties or momentary impossibilities of access to the site which would have for origin circumstances which are external to him, the force majeure, or which would be due to disturbances of the telecommunication networks.
SHIGETA does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress, will be completely free of errors, defects or deficiencies, (ii) that the Services, being standard and not offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
In any event, the liability that may be incurred by SHIGETA under the present terms is expressly limited to proven direct damage suffered by the User.
14 – INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by SHIGETA within the site are protected by all intellectual property rights or rights of producers of databases in force. All disassemblies, decompilations, decryptions, extractions, reuses, copies and more generally, all acts of reproduction, representation, diffusion and use of any of these elements, in whole or in part, without the authorization of SHIGETA are strictly prohibited and may be subject to legal proceedings.
15 – PERSONAL DATA
16 – ADVERTISING
SHIGETA reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions that SHIGETA will be the sole judge.
17 – LINKS AND THIRD PARTY SITES
SHIGETA shall in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User would have access through the site.
SHIGETA is not responsible for transactions between the User and any advertiser, professional or merchant (including its possible partners) to which the User is directed through the site and shall not be party to any dispute with such third parties concerning the delivery of products and/or services, warranties, representations and other obligations of any kind to which such third parties are bound.
18 – DURATION OF SERVICES, DEREGISTRATION
The Services are subscribed for an indefinite period.
The User may unsubscribe from the Services at any time, by sending a request to this effect to SHIGETA by email, to the contact details mentioned in article 2.
The unsubscription is effective immediately. It leads to the automatic deletion of the User’s Account.
19 – MODIFICATIONS
SHIGETA reserves the right to modify these terms and conditions at any time.
The User will be informed of these modifications by any useful means.
The User who does not accept the modified terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set forth in Article 18.
Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these modifications.
20 – LANGUAGE
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
21- APPLICABLE LAW AND JURISDICTION
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.
22 – COMING INTO FORCE
These terms and conditions became effective on October 31st, 2021.