General terms of service - Yoctown
Yoctown is a website edited by Groupe GTS SAS, a simplified joint-stock company with a €5.000 capital stock. The company is registered to the Paris Trade and Companies Registry under number 532 892 999. Its home office is located in 6 Villa Saint-Charles, 75015 PARIS.
Conditions of use
I GCU purpose and applicable version
The present General Conditions of Use aim to define the conditions for which users and visitors can gain access to services and use them.
They can be freely modified at any moment. Thus, it is recommended to regularly relate to the last version of the General Conditions of use, permanently available on the website.
Anyone who gains access to one of Yoctown’s services commits to respect, without reservation, the present General Conditions of Use, completed – for some services – by Particular Conditions.
Before registering to the related service, users are informed of those Particular Conditions and invited to accept them.
II Registration General Rules
During his online registration, the user commits to provide true, exact, updated and complete information on his identity and his age as requested in the registration form, in compliance with Article 6-II Law n°2004-575 of June 21st, 2004 for confidence in digital economy. In particular, he commits to not create a false identity likely to mislead Yoctown or third parties and to not usurp another legal or natural person’s identity. In case of modification, the user commits to update the data he communicated while registering online. After validation of the GCU and the creation of his account, the user receives a first e-mail in his personal messenger, returning his IDs (pseudonym and password). Then, the user absolutely must validate his registration by clicking or copying the assigned URL address in his browser. From then on, the user will be able to register and access to the administrative/management interface of his content. Further to the validation of his registration, the user receives a second e-mail confirming the account opening.
Supposing that the user gives false, inaccurate, expired, incomplete, deceptive or misleading information, Yoctown will be able to suspend or put an end to the user’s account and refuse him access, immediately without notice or compensation, temporarily or definitively for a part or all services. Our services are reserved to people legally able to subscribe to agreements into French law. In this way, our services are not available for minors under 18, except if they are under their parents or legal guardian’s authority or express surveillance.
However, minors over 14 can register, on the express condition that they previously obtained the authorization of doing it from their parents – or from the person with the parental authority – and that they provide information and mail addresses for any communication with the parents. To register, they must have formerly obtained that authorization. Yoctown reserves the right to ask for the written justification at any moment, and to proceed to any control, as well as deleting any account of minor holders who would not give the aforesaid justification within the deadline. Yoctown will immediately delete any account as soon as its services will receipt a parental request for a minor-child account closure and for related deletion contents.
An IP address is a unique series of numbers automatically assigned by the user’s internet service provider to the user’s computer, it allows identifying the user. The user’s IP address is saved and kept by Yoctown when the user consults or uses the services. It works for its informatics system management, for its services’ use analysis, linking the user actions to his personal account.
At the request of judicial authorities, Yoctown can give the user’s IP address, so that he can be identified, in cooperation with his internet service provider.
III Website creation and contents
The user is responsible for the contents he provided or stored on his Yoctown website. The service provider is not obliged to examine the users’ pages in accordance with legal violations. The user commits to not begin actions which can violate the third parties’ rights (including their personality rights) using Yoctown’s services. The user declares being the owner of all contents on his website and that they are copyright free. Failing that, the user must have the rights-holder authorization for content he would put on his website.
The user cannot save or pass contents transgressing other people’s intellectual property rights, like texts, people or goods’ images, trade secrets, internal or confidential information, this is not a limited listing.
The user commits not to publish contents forbidden by the law or morally reprehensible (in particular any pornographic, racist, xenophobic, extremist or reprehensible content) that can affect third parties’ rights (cf. especially trademarks, rights to name or copyrights). Besides, the user commits not to use his Yoctown website in spamming purposes.
The user commits not to post download links of his websites on other websites.
The user commits to respect legal obligations regarding the provider-details availability as well as rules applicable in his country of use.
The user will use the Yoctown’s designs and logos exclusively for his Yoctown website. It is expressly forbidden for the user to copy Yoctown’s pages, transfer them and use them on an external server.
The user will refrain from uploading contents that need too many server space or use too many bandwidth. Yoctown is sole judge of the limits to respect and reserves the right to take off any content likely to affect the whole users’ comfort.
IV User responsibilities
In case of a dispute on a member website, Yoctown is not responsible; only the account owner – who accepted the present general conditions of use and is identified with a login – is responsible for his website’s content. With the term “content”, we refer to the whole texts, images and medias present on the pages except the graphic charter components developed by Yoctown.
The user is also responsible for comments visitors can leave on his website and commits to check and delete all litigious comment.
A user account includes especially its IDs (login and password), given by Yoctown and placed under the user’s exclusive responsibility.
The user is sole responsible for his IDs’ use, even if the user pre-saves them on his computer, his mobile or any kind of equipment allowing the automatic connection to the services.
Any access, use of services and handovers of data from a user account will be considered as done by him. Keeping the password given to the user confidential comes under his entire responsibility. In this regard, the user is bound to make sure that at the end of each session he really logs off of the services, in particular when he accesses to services from a public computer.
In compliance with Article 6 paragraph 7 Law n°2004-575 of June 21st, 2004 for confidence in digital economy, Yoctown organizes a report device, identified by an icon, easy to reach and visible to all: it allows service users informing of any abuse.
In case of non-respect of the present general conditions of use, Yoctown reserves the right to delete the user’s account and website without any notice and compensation. However, in some cases, Yoctown can send calls to order before letting the user fix the problem and avoid sanctions.
V Contents protection
As a reminder: According to Article L.122-5 Paragraphs 2 and 3, the French code for intellectual property only authorizes, on one hand, “copies or reproductions strictly reserved to the copyist private use and not to a collective use” and, on another hand, – subject to the author’s name and sources – “analysis and short quotations justified by review, controversial, instructive, scientific or informative criteria”. In other words, any integral or partial representation or reproduction made without the author or its assignees’ consent, is illicit (art L.122-4).
In this way, any representation or reproduction, regardless of the method – especially for download or printing – will be a counterfeit copy punished by Articles L.335-2 and followings of French code’s intellectual property. Any violation of these measures makes the violator, as well as any responsible people, subject to criminal and civil penalties planned by law. As a consequence, the user’s contents are protected by the intellectual property code.
In accordance with Law n°78-17 of January 6th, 1978 modified by Law n°2004-801 of August 6th, 2004 related to informatics, files and liberties, each user has the rights to oppose, access and correct data related to him. In this way, he can ask for inaccurate, incomplete, ambiguous or expired information about him to be corrected, completed, clarified, updated or deleted.
At any moment, each user can exercise this right online by connecting and going into Yoctown’s “settings” section.
When closing a user’s account, for any reason, related data – and in particular traffic data – are deleted or made anonymous. However, the operations which delete or make some data categories anonymous can be postponed for a maximum duration of one year, in the only goal to provide information to judicial authorities, if needed.
Yoctown reserves the right, for a good use of services, to pass cookies in preparation for registering them on the user’s computer.
The user can disable or delete cookies using his browser’s options, but he is informed that, in this case, he will not benefit from the whole services’ features.
VI Service provider responsibility
The service provider will try hard to make sure that services are operational and that functions are correct all the time. However, the user admits that – for technical reasons, as well as for the service provider’s dependence to external factors – Yoctown cannot guarantee its websites’ continuous availability. When leaving, Yoctown users cannot ask for a permanent access to Yoctown’s websites. Only temporary access restrictions cannot be a motive for guarantee complaint nor a special right to stop the contract. Regarding possible access restrictions due to circumstances external from the service provider control, it reserves the right to decree temporary and/or complete restrictions. This especially when Yoctown is temporary unavailable, in order to arrange technical improvements or eliminate error, defect, etc. The service provider reserves the right to temporarily block access to Yoctown in order to proceed to technical improvements.
The service provider is not responsible for any user’s loss of data or for non-authorized access to user’s personal information by third parties (cf. Hackers). Yoctown cannot be considered as responsible for loss or deterioration of files or data the user transfers on his website. The user accepts to transfer his data and files under his sole responsibility, with full knowledge of the facts. It falls to the user to make any back-up measure that seems necessary to him.
The service provider cannot be held responsible for third-parties abuse of data and information made accessible by users themselves. The service provider cannot be held responsible for activities or contents users created. The service provider cannot be held responsible for damages coming from Yoctown systems’ working fault.