Welcome to “http://www.vclsneighborhood.com” (Hereinafter referred to as “The Site” or “The Website”). Use of this Website is governed by the Terms and Conditions (hereinafter referred to as the “Terms”) set forth, in their applicable version dated February 2nd, 2018.
1.1. This Website is based in France, and is conducted by and under the laws of France.
1.2. These Terms apply to the use of the contents contained on the Website through a computer or any other communication device (including, but not limited to a mobile and cellular phones, PDA’s and other various end-user devices). These Terms also apply to the use of the Website through the internet or any network or other means of communication anywhere in the world.
1.3. “Neighborhood” is a registered trademark of Voisin Consulting Sarl.
1.4. The Site “http://www.vclsneighborhood.com” is owned and published by VOISIN CONSULTING SARL (hereinafter referred to as “Voisin Consulting”), a French limited liability company, registered with the Trade and Companies’ Register of Nanterre under number 414 440 867, with a capital of 50.000 euros ,and having its head office at 64 avenue Pierre Grenier, 92100 Boulogne, France.
1.5. The Site is hosted by OVH, a French joint-stock company, registered with the Trade and Companies’ Register of Lille Metropole under number 424 761 419, having its head office at 2, rue Kellermann, 59100 Roubaix, France.
1.6. The Site has been designed and produced by Aurélie Adler and San Emetrio at RéflexiOn Graphique, two French entrepreneurs with a SIRET number 484 139 225 00045, and having their head office at 12, rue de l’écu, 35140 Saint Aubin du Cormier, France.
1.7. Regarding any question on the use of the site you may contact the publication Director at: firstname.lastname@example.org.
2.1. The section headings used in this agreement are solely for the convenience of the reader and shall not be given any legal import.
2.2. The following terminology applies to these Terms and Privacy Statement and any or all agreements: “User”, “You” and “Your” refers to you, the person accessing this Website and accepting the Company’s Terms. “The Company”, “The Site”, “The Website”, “We” and “Us”, refers to Neighborhood, together with Voisin Consulting. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable.
2.3. The content provided by “http://www.vclsneighborhood.com” may be used for entertainment purposes only. Use of the Website is conditional upon acceptance of the Terms. By using, accessing or downloading materials from this Website, you acknowledge having read the present Terms, declare to accept them without reserve and undertake to abide by them now and in the future.
3.1. You agree that your use of this Website, your reliance on any material contained in this site and any uploads, comments or any other information you may gain, use or give on this site, are at your own responsibility. The Company cannot be held liable for the use made by the User of the information and services proposed on the Website and/or whilst browsing.
3.2. It is expressly agreed that the Company is subject to a “best efforts” obligation to make the Website and all the materials in it free of malicious programs and/or viruses. However, the Website and all the materials in it are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied.
3.3. You acknowledge that the Company and third party content providers, their partners and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for :
a. Any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
b. Any defamatory, offensive or illegal conduct or material found in connection with this site, including such conduct or material transmitted by any means by any other person.
c. Any damages, including, without limitation, direct, incidental, special, and consequential or punitive damages, in connection with or arising from your use or from your inability to use the site.
d. Any content submitted by users or other third parties, including opinions, judgments, advice, statements, pictures, designs, trademarks, texts, services or any other kind of information.
e. Any loss or damage caused by any reliance upon information obtained and/or uploaded through the Website. It is solely your responsibility to evaluate the accuracy, completeness, or usefulness of any content.
3.4. You agree to defend, indemnify and hold harmless the Company, its partners and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising from your use of this Site; your failure to use the site; your breach or alleged breach of this agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of any third party.
4. CONTINUITY, AVAILABILITY AND RELIABILITY OF SERVICE
4.1. The Company cannot guarantee reliability and accuracy of information contained on the Site. If you discover inaccuracy in such information, please notify us at: email@example.com.
4.2. The Company reserves the sole right to close the site, to make any changes to the Website at any time, for any reason, without prior notice, and without any liability for such changes and acts.
5. USE OF THIS WEBSITE
5.1. You and/or anyone on your behalf will not operate or allow operation of or upload any computer application or program or any other means or measures (including but not limited to Worms, Crawlers, Viruses, Trojan horses and Robots), for searching, scanning, copying or automatic retrieval of content from the Website. You expressly agree not to create and not to use any means to create a digest, as stated, or a collection reservoir that will contain content from the Website.
5.2. You and/or anyone on your behalf acknowledge that it is strictly prohibited to make changes to or copy, distribute, transmit, display, perform, reproduce, publish, issue a license, create derivative works from or sell an item, information, software, products or services from the Site.
5.3. The Website contains areas in which users may upload content of any kind, write reviews, and communicate with each other and/or with the Website (hereinafter referred to as “Communication Services”).You hereby agree to use the site, as well as the Communication Services, only to provide and/or receive information and material that are proper. When using the Website, among other forbidden uses, you expressly agree not to:
a. Harass, “stalk”, threaten, abuse, defame or violate in any other way the legal rights of others.
b. Upload, publish, post, or collect any material that is defamatory, indecent, inappropriate or unlawful.
c. Upload, publish, post, or collect any material that is libelous, or is an invasion of privacy or publicity rights or any other third party rights; or are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations; or include information of any kind that may mislead a consumer.
d. Upload, publish, post, or collect any material that may constitute a criminal offense, gives rise to civil liability or violate any state, local, national or international law.
e. Collect or “harvest” information about any other user, including, but not limited to users’ e-mail addresses.
f. Upload, publish, post, or collect any material that may infringe any rights of any party, including but not limited to intellectual property rights such as trademarks, copyrights, trade secrets, designs and patents.
g. Use the Website in relation and/or in connection with “spam” or “junk” mail of any kind (commercial or personal).
h. Improperly assume or claim the identity, characteristics or qualifications of another person.
i. Upload, publish or post commercial information of any kind, unless you have received the Company’s written prior consent to such use.
5.4. You acknowledge that communication and information to and from the Website are not confidential.
6. EXTERNAL LINKS
6.1. This Site may contain and/or include hyperlinks, links and feeds that provide information and services, including but not limited to commercial materials, websites with other content (hereinafter referred to as “the links”), to other websites. The links are provided on the Website solely for your convenience and the inclusion of the links does not imply any authorization and or a “seal of approval” for the content, data or information of any kind published in the links.
6.2. The Company is unable to control any of the content, data or information of any kind that is published in the links, and therefore cannot be held liable for such content, data or information.
6.3. Without derogating from the above, the Company will not be held liable for any direct or indirect damage:
a. Caused to you or your property resulting from using or relying on the content, data or information from the links, or
b. Due to your use of or reliance on information posted on the Website by any third party.
7.1. The Company tends to maintain an adequate and safe operational level of the Website and services provided to the User. Please report any problems and/or offensive content and/or any breach of policy.
7.2. It is the Company’s intent to make sure that the services offered on the Website do not violate copyright, trademark rights or any other rights of any third party. If you are concerned that such rights have been infringed, please send a message to: firstname.lastname@example.org.
7.3. The Company cannot ensure that Users have the rights to material, information and other content uploaded by them on the Site, thus we will need your help to identify items that violate rights.
8.1. In accordance with French act no. 78-17 of January 6, 1978 relating to Information Technology, Data Files and Civil Liberties and the European Regulation of April 27th, 2016 on the protection of natural persons with regards to the processing of personal data, the Company is responsible for processing the User’s personal data collected through the Website.
8.2. The data you provide when registering to the Site will be stored in the computerized database of the Site. These data will be retained for a duration not exceeding three (3) years.The User is informed that :
a. His or her personal data are intended for the services and personnel of the Company in charge of the administration of the Website;
b. The Company intends to transfer his or her personal data to its affiliates located outside the European Union, in the United States, the United Kingdom, India and Switzerland. The User is hereby informed that his or her personal data will receive the same level of protection whether the processing is in or outside the European Union.
8.3. In accordance with French act no. 78-17 of January 1978 relating to Information Technology, Data Files and Civil Liberties amended in 2004, and the European Regulation of April 27th, 2016 on the protection of natural persons with regard to the processing of personal data, the User has the right to access, rectify and erase his or her personal data that is processed by the Company. The User also has the right to withdraw consent to the processing of his or her personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal. Each of these rights may be exercised by writing to the Privacy Officer using the following email address : email@example.com
8.4. If no measure is taken following a request to exercise his or her rights, the User has the right to complaint with a supervisory authority.
8.5. Any concerns related to Data Privacy should be addressed to the following e-mail: firstname.lastname@example.org
9. COOKIES POLICY
9.2. A cookie is a text file that can be recorded by your browser on the memory of your electronic device (computer, smartphone or tablet) when consulting an online service. It is sent by the server of a website to your browser and each cookie encompasses an anonymous identifier. When the User consults the Site, different kind of cookies may be installed, subject to the User’s acceptance:
a. Session cookies, which disappear when the User leave the site;
b. Persistent cookies, which remain on the device until they expire or until the User delete them using the browser’s functionalities;
c. Statistical cookies, which measure the audience of the Site.
9.3. A physical person cannot be identified with a cookie and only the cookie’s issuer can read or change information contained in them.
10. INTELLECTUAL PROPERTY NOTICE
10.1. All content available on the Website including, but not limited to the text, graphics, photographs, designs, sounds, data, image, audio, video, in addition to the Site’s structure, navigation plan, logos, section design, section layout, section headings, databases, trademarks, is the property of the Company. It is forbidden to copy or publish any part of any page or content without the prior written consent of the Company.
10.2. The Website and the contents thereof are protected by the copyright laws of the State of France, international conventions, copyright laws and the copyright laws of other countries.
10.3. By submitting and uploading content to the Website, you represent to the Company that you are the rightful owner of such content or that you have first obtained permission to submit the content from its rightful owner.
10.4. The Company’s name, its logos, registered and unregistered trademarks are the exclusive property of the Company. All other logos, registered and unregistered trademarks, service marks and trade names that are on the Website are the intellectual property of their respective owners. You expressly agree not to copy, download or otherwise exploit all of the aforementioned trademarks without the permission of the Company or the respective owner of such logo, trademark, service mark or trade name.
11. NOTICE AND TAKEDOWN PROCEDURE
11.1. The Company responds to notices of alleged infringement that comply with Intellectual Property, Copyright, Privacy and Libel laws. As part of our response, we may remove or disable access to content and/or material residing on the Website that is claimed to be infringing and/or defamatory, libelous, or is an invasion of privacy or publicity rights. The Company shall disable or remove access to any content and/or material residing on its servers, within 72 hours after it has received a Notice of Infringing Material.
11.2. The following notice requirements are intended to comply with the Company’s rights and obligations under the applicable laws and do not constitute legal advice. A Notice of Infringing Material regarding content and/or material that is residing on the Website, should include the following details:
a. Your contact information (personal address, email address, telephone number etc.);
b. Reasonably sufficient details to identify the content and/or material claimed to be infringed;
c. Reasonably sufficient details to locate and identify the content and/or material that is claimed to be infringing (only to exemplify, a link to the material);
d. Your declaration that you believe in good faith that the use of the mentioned content and/or material is not authorized.
e. Your declaration, under penalty of perjury that the information you provided in the Notice of Infringing Material is correct and accurate and that you are the owner of the alleged infringed rights or you are authorized to act on behalf of the owner of the aforementioned rights.
f. Your signature (electronic or physical).
12. GOVERNING LAW AND JURISDICTION
12.1. These Terms shall be governed solely by the laws of France, without giving effect to any conflicts of law principles.
12.2. Any dispute arising out or in connection with the present Terms, including disputes concerning the use of the Website shall be brought before the competent courts of Nanterre, France.