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Terms of UseTERMS OF USE FOR THE WEBSITE BE-NOOT.COM DEFINITIONS                                                      « Be-noot.com » or « the site »: www.be-noot.com and/or www.benoot.com the website edited by the company MEDIA NO MAD and the ensemble of the services accessible on that site. « The editor »: the company MEDIA NO MAD, SARL, headquarters : …, phone : …, e-mail : info@medianomad.com, editing the site be-noot.com. « Services »: the ensemble of services, functionalities and applications accessible on the site and provided by the editor. « User »: any user of the site, any ways possible, be it occasional or usual, Be Noot signed-up-member or simple visitor. « Visitor »: any non-member-user of the site, browsing part or the whole site. « Member » or « noot »: any user of the site regularly signed in as a member and who, as a result, has a personal account and can use the services reserved to members. « Account » or « Noot Account »: a member’s individual account created when signing in on the site. « Content »: any content published on the site by a user, like trip, article, media, text, comment, information, data, sound, image, video, software, program, HyperText or HyperMedia link. « Publication »: the action through which a user puts content online on the site and makes it accessible either to every internet users, or to a restrain number of web users defined by the user (publication called « limited »). « Terms of use »: the present terms of use for the site. OBJECT AND ACCEPTATION OF THE TERMS OF USE Object The present terms of use define the conditions in which users can access the site and use it. The terms of use apply to every user, be it a visitor or a member. They can be completed, notably for the access to some services, by specific conditions. Acceptation ALL USE OF THE SITE IS SUBJECTED TO THESE TERMS OF USE. YOU MUST CAREFULLY READ THE PRESENT TERMS BEFORE USING THE SITE. IF YOU DO NOT ACCEPT THE TERMS OF USE, YOU MUST NOT USE THE SITE. ANY USE OF THE SITE, BE IT AS A MEMBER OR A VISITOR, IS WORTH ACCEPTATION OF THE TERMS OF USE WITHOUT ANY RESERVE. Change The editor maintains the right to modify the terms of use. Each modification will be effective when posted online on the site. The editor commits itself to inform members by email about any changes in the terms of use before the latter are posted online. Each member can refuse the changes by email. In that case, the member should not use the site or the services concerned by the changes and the member’s account can be deleted.The member’s continued use of the Site means that he/she has agreed to accept any changes or modifications made by the editor. Download and preservation Users can download and preserve the terms of use from the site, these operations result from their own responsibilities. As the user can modify the then downloaded and saved file, only the version available on the site or kept by the editor will be valid and rule. ACCESS AND INSCRIPTION TO THE SITE BE-NOOT.COM Access The user agrees to be responsible for obtaining and maintaining all equipment and other telecom terminals needed to access to and use the site, and shall be responsible for all charges related thereto. The user must have access to the internet and the ensemble of equipment and software needed to use the internet, as well as a plug-in Flash or any other software able to read and use Flash format. The editor reserves the exclusive right to discontinue, temporarily or permanently, at any time and from time to time, all or part of the site or features for operational, maintenance or emergency reasons. At any time, the editor is free to modify, withdraw or suspend the site and discontinue all publishing on the internet and thereof, the publishing of users’ content. The editor shall not be liable to users for any modification, suspension or discontinuance of the site, and shall not confer any third party benefits. Services Each service can be subject to specific terms, which the user has to accept before using the service. The editor is free to add and suspend services from the site and/or modify their characteristics, terms of use and other particular terms. The editor will inform its members by email or posting on the site. While using the site, users might come across one or more services provided by a third party site, partnering with the editor. Because the editor has no control over these sites and services, the user acknowledges and agrees that Be Noot has no responsibility for the services. The third party site is the sole responsible in that matter. Site Operation The editor does not certify the ongoing and error-free run of the site. The editor will not be liable for any unavailability, suspension or dysfunction of the site, as it could be it partially or completely due to an independent cause like failure from the internet provider or web host or any force majeure. The editor will not be responsible for any inconvenient or damage due to using the internet as viruses or spy wares. Subscription In order to access some features like publishing a trip or other content on the site, the user will have to create a Noot Account. If the user is a minor, a notice must be sent to the editor with the email address of the parent or guardian. The editor will send an email to the parent or guardian, asking for permission to the minor’s subscription. If the parent or guardian does not give permission, the minor won’t sign up to the site and the account will be cancelled. The editor has the right to decline a subscription if a disputation existed with the user or whether the user hereto didn’t respect. Fee The inscription to the site is free. A fee can be asked by the editor, at any moment, for subscription and/or accessing all or part of the services of the site, even those free up to that moment. Members will first be informed by email and can refuse to use the particular services or the site. The user’s continued use of the site after the fee is in place evidences the user’s agreement of the fee. Information entered by the user The user is the sole responsible for all information and data he/she entered on the site as well as for the registration. The user agrees to provide true, accurate, current and complete information about him/herself, and any other information asked. The user also agrees to maintain and promptly update the information to keep it true, accurate, current and complete. The editor will not be liable for the information entered by users nor any information that is untrue, inaccurate, inappropriate, not current or incomplete and the damage it could cause, since the user is the sole responsible. Login and Password In order to register, the user must choose a login (username) amongst those available, as well as a password. These will enable the user to access his/her Noot Account and some features of the site dedicated to members only. The user is responsible for maintaining confidential his/her password and account, and is fully responsible for all activities occurring under that password or account. The user agrees to immediately notify the editor of any unauthorized use of the password or account or any other breach of security, and ensure to exit from the account at the end of each session. The editor will not be responsible or liable for any loss or damage arising from or in connection with the user’s failure to comply with this requirement. Account From the subscription, the member has a Noot Account on the site allowing the use of members’ only features, like trip publishing. Each member must have only one account. In the case where a member created several accounts, the editor has the right to suspend or terminate the accounts. The member will not claim any compensation nor any reimbursement. Unsubscription Any time, the user can email the editor at unsubscribe@be-noot.com, and ask to suppress the user’s account. The editor agrees to promptly proceed. Terminating an account, whatever the reason, be it the user’s or the editor’s initiative, will result in the suppression of all content published on the site through this account. However, the suppression doesn’t end the user licence agreed and hereinafterexplained, concerning contents the editor is already utilizing personally, or through a third party, outside the site. USERS’ GENERAL OBLIGATIONS General Use, laws and regulation of the siteEach user must respect these terms and conditions. Each user must respect laws and regulations in effect, like in the framework of the site and services use and content publishing. User breach The editor may, in its sole discretion and without prior notice suspend or terminate a user’s use, temporarily or definitely, of part or the whole site for any reason, including, without limitation, if the editor believes that the user has breached these Terms of Use or otherwise acted inappropriately. The member will not claim any compensation nor any reimbursement. User responsibility THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT: THE USE OF THE SITE AND THE CONSEQUENCES OF ALL KIND ARE AT THE USER’S SOLE RISK. The editor will not be liable for the content published by users and the harmful consequences that may arise from it, as well as the circumstantial or direct consequences of using the site or non respect of these terms of use or interaction between users. CONTENT PUBLISHED ON THE SITE Trips, articles, medias and other contents Every member legitimately registered can create and publish one or more trips on the site. Each trip can contain one or more articles. Each article can contain text and sound, image or video content (hereinafter « medias ») created by the member. Creating, modifying and publishing trips is subject to specific conditions which the user will be informed before accessing the service. Illicit content IT IS STRICTLY FORBIDDEN FOR USERS TO PUBLISH ON THE SITE OR ONTO THE EDITOR’S SERVERS, ANY CONTENT WHICH EVER IT MAY BE, THAT WOULD BE AGAINST THE REGULATIONS, LAW AND ORDER, THE MORAL OR HARM A THIRD PARTY’S RIGHTS, including, without limitation: - defamatory, insulting, abusive or degrading ; - hateful, xenophobic, homophobic, racially, ethnically or otherwise objectionable ; - pornographic, pedophile, spurring sexual tourism, obscene or containing nudity ; - advertising, commercial or published in a commercial or professional goal, without a written agreement of the editor ; - violent, chocking or creating a threat for the security of anyone or anything ; - against human dignity ; - encouraging or stimulating any criminal, punishable, illegal or harmful activity ; - infringing on the copyright, intellectual property of any third party, like copying or reprensenting a piece without the author’s agreement, or offering such a copy or display ; - containing nominative data relative to a third party, like a telephone number or address, or urging other users upon communicating such data ; - containing an image of a third party who didn’t authorize such a posting ; - Invasion of privacy without the person’s agreement. Hypertext and Hypermedia links IT IS STRICTLY FORBIDDEN TO POST HYPERTEXT OR HYPERMEDIA LINKS TOWARDS A FORBIDDEN CONTENT as defined in the previous paragraph, be it direct or indirect and whatever the nature and the characteristics of the text or media associated to the link. The site and the content published by users can contain hypertext and hypermedia links to other sites. The editor isn’t bound to control such links and sites. The editor isn’t liable for those links and sites. Users click on these hypertext and hypermedia links at their sole risk. The editor has no responsibility for the discordance or difference between the nature or the characteristic of the text or media associated to the link and the nature or characteristic of the page or website associated to that link. Infrigment ANY PUBLIC REPRESENTATION, DISTRIBUTION, PUBLICATION, MODIFICATION, DOWNLOAD OR COPY OF A PIECE, WITHOUT THE AUTHOR’S AGREEMENT, IS FORBIDDEN AND CONSTITUES AN INFRIGMENT. In particular, it is forbidden to publish on the site, without the author’s approval, photos taken by a third party or representing a piece created by a third party, musical compositions created or interpreted by a third party, videos directed or interpreted by a third party. The user declares and assures that the content published on the site doesn’t infringe third party copyrights. The user is the sole responsible for publishing content infringing third part copyrights, and its consequences. Right to image and privacy IT IS STRICTLY FORBIDDEN TO PUBLISH ON THE SITE AN IMAGE OF A PERSON WITHOUT HIS/HER AGREEMENT OR ANY CONTENT CAPABLE OF INFRINGING SOMEONE’S PERSONAL LIFE WITHOUT HIS/HER AGREEMENT. The user publishing on the site an image of a third party or content capable of infringing a third party’s personal life, declares and assures having the agreement of the third party. The user is the sole responsible for the consequences of publishing on the site content representing a third party image or likely to infringe their personal life. User liability THE USER IS THE SOLE RESPONSIBLE FOR THE CONTENT HE/SHE PUBLISHED ON THE SITE OR ON THE EDITOR’S SERVERS like in trips. In general, the user is the sole responsible for its use of the site and all the information, data and content which ever they may be, he/she communicates, presents, reproduces, publishes, sends, transmits, copies, displays, makes accessible, whatever way, on the site or the editor’s servers. Warranty The user certifies the editor against any claim, complaint, action or recourse by a third party pretending that the use of the site by users, or part or whole of the content published on the site or on the servers or some messages, information or part or all content sent to the user by the internal messaging system are illicit, against regulations, law and order, morals or these terms of use or harming or infringing a third party’s right. The user irrevocably agrees and undertakes to indemnify and hold the editor and the Released Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising out of or in connection with, the Submitted Materials the user submits, posts to or transmits to the site, the user’s use of the site, connection to the site, violation of these Terms of Use or violation of any rights of another party. Warranty DisclaimerTo the fullest extent permitted by the law, the editor disclaims all warranties, express or implied, in connection with the site, the use of the site by users hereto violating, the published, distributed, created or reproduced content by users on the site of the editor’s servers, hypertext and hypermedia links published by users on the site and the linked sites. Absence of obligation for the editor to control content The editor only has a role of passive intermediary maintaining the content online. The editor isn’t bound to control the content users published on the site. The editor isn’t liable for the content and their verification. However, the editor has the right to control at any time, part or the whole content. Abuse and illicit content report Each user must report to the editor any forbidden or illicit content on the site, either by the hypertext link available to users on the site or by email sent to abuse@be-noot.com. Abuse or forbidden content The editor has the right to delete from the site, without notice, any forbidden or hereof in violation content. The editor can suspend or terminate, without notice, the account of the infringer and its access to part or the whole site, temporarily or definitely. The infringer cannot claim any indemnities. INTELLECTUAL PROPERTY Content publication The user gratuitous authorizes the editor, for the whole world and as long as the user is registered on the site, to publicly represent the content he/she published, to reproduce on any support and any format as for representation needs and to transform, convert, modify or translate them, as for adaptation needs, and technical internet or the site obligations. User licence THE USER CONCEDES THE EDITOR, FOR THE ENTIRE WORLD AND THE WHOLE LEGAL COPYRIGHT LENGTH, THE RIGHT TO UTILIZE THE CONTENT HE/SHE PUBLISHED ON THE SITE OR THE SERVERS, in a commercial way or not, by all means, personally or through any third party freely chosen by the editor. The right thereby conceded includes without limitation: - the right to reproduce content on any support and any format, partially or entirely, - the right to distribute, communicate and represent publicly the content, to any public, by all media know or unknown to this day, partially or entirely, - the right to modify, translate, adapt and arrange the content. The editor may authorize any chosen third party to utilize all or part of the content, according to the agreement freely determined by the editor and the third party. The licence in question isn’t enforceable to the content which the author limited the publication. Exclusive rights The user retains the rights to personally or through a third party utilize the content that isn’t or isn’t yet used personally or through a third party, by the editor outside the site. However, when the user is informed of the editor’s decision to use or have a third party use the content outside of the site, the editor benefits from an exclusiveness on the content, for the entire world and the whole legal length of the copyrights, in the conditions aforesaid, and the user bans himself from using the said content, personally or through a third party, without asking the editor for a written agreement. In case of such a use by the editor or a third party chosen by the editor, it is mentioned that unsubscribing or suppressing a user’s account doesn’t end the present user licence for the content thus used. Editor’s free choice and utilisation modalities for the content to be used The editor isn’t bound to use the content outside the site. The editor is completely free to choose the content to be exposed outside the site, the utilisation means and the whole utilisation modalities for, and without limitation, the length, medias, formats, process, price, royalties, direct utilization by the editor or through one or more third parties. The user understands no indemnity will be given if the editor doesn’t use whole or part of the user’s contents. Royalties As a compensation for the licence agreed by the user, royalties of 10% (ten per cent) of the after-tax revenue the editor generates from using the content the user published will be paid by the editor to the user; Note that the only considered uses for royalties are the ones on other supports and through other media than the site. By after-tax revenue, the editor means the whole amount, tax-free, collected by the editor for the use of those contents outside the site, after deducting: - any fare and payment of all kind the editor is in charge of, as those related to the manufacture, representation, diffusion, reproduction, promotion or use of that particular content ; - any contributions, social taxes and other taxes of any kind ; - any royalties or payments owed if any to other noots, authors, entitled or third party, like in the case of multiple content from different noots and/or authors within the same use. It is mentioned that only the amount generated directly and exclusively by using the content is considered for the royalties. The editor isn’t bound to use the content commercially and should not be responsible in case of the lack of after-tax revenue or in case the user deems the revenue as insufficient. Accounting, payment and royalties invoicing Within a reasonable time, by the end of each trimester, the editor will let the user know by mail of the use made if any during the particular trimester and will pay the user the amount owed, if any. These amounts are not salaries, but royalties for copyrights. The user commits to be up to date with social and tax duty, and proceeds to the whole contributions and other tax payments needed. If asked, the user must hand over the justifications to the editor. Warranty and counterfeit THE USER CERTIFIES OWNING THE WHOLE COPYRIGHTS FOR THE CONTENT HE/SHE IS PUBLISHING ON THE SITE and the rights necessary to the publication and the aforesaid user licence. The user declares and certifies having the necessary authorisation, notably in case of publishing content created in whole or part by a third party. The user takes responsibility for the payments owed to any third parties, if any, who contributed to the creation or the interpretation of the content the user published and any other person susceptible to own some rights on the said content. Editor’s rights Except for the content users published, the site and whole its elements are the property of the editor. The site is a creative work protected by the intellectual property Code. The content published by users can constitute creative works protected by intellectual property Code. ANY DOWNLOAD, PUBLIC REPRESENTATION, REPRODUCTION, COPY, IMITATION, MODIFICATION, TRANSFER OF THE SITE, PARTLY OR ENTIRELY, WHICH EVER WAY AND SUPPORT, IS FORBIDDEN. The brands BE-NOOT and MEDIA NO MAD are registered trademarks the editor owns. Using and registering to the site does not confer any rights to users on these trademarks, nor any copyrights on the site, except a limited right of use in the respect of these terms of use. PERSONNAL DATA Respect of the Liberties and Information Technology Legislation The personal data concerning a member is collected, registered and stored by the editor according to the French Data Protection Act of 6 January 1978, as amended in August 2004, relating to information technology, data filing systems and liberties. The editor commits to act carefully to protect users’ personal data. User’s approval THE USER EXPRESSLY AGREES THAT BY BECOMING A MEMBER HE/SHE AUTHORIZES THE EDITOR TO COLLECT, REGISTER, STORE AND HANDLE THE INFORMATION CONCERNING HIS/HER USE OF THE SITE AND THE PERSONNAL DATA ENTERED DURING REGISTRATION, ON THE SITE OR ANY OTHER OCCASION, for identification, site exploitation and operation use, member’s access to services, statistics, member’s published content, account management. This authorization is also valid for the data entered by the member, on his own and personal initiative and under its sole responsibility, susceptible to reveal the user’s origin, nationality, religion and/or sexual preferences, as medias published on the site. Access and correction right The user has the right to oppose, access, modify, correct and delete his/her personal data. The user can use this right anytime by asking the editor by mail at the following address: MEDIA NO MAD - … APPLICABLE LAW The use of the site and these terms of use are subjected by French law. |