ARTICLE 1 – DEFINITIONS
Platform: A platform enabling Members to create, modify, share, translate, comment, rate, vote, review and publish comparisons on any subject, under their own responsibility, free of charge and for information purposes only. Platform enabling also any internet user to consult, view, search, explore comparisons in any domain.
The Internet user must register with the Website before using/accessing advanced features of the Platform. The registration procedure is carried out in accordance with the conditions and arrangements described below.
2-1. Provision of personal data: Internet users are asked to provide personal data. These data may be provided either by completing the questionnaire on the Website, or automatically through the personal account that you have already set up on Facebook, Gmail, Twitter or OpenId, this list being likely to expand.
As these data are of a personal nature, please note that, in accordance with Article 32 of the "Computerized Information and Freedoms Act" dated 6 January 1978, the information that SocialCompare requires is indicated into the form. Any other information that is requested, for which your reply is optional, is intended to help us to get to know the user better.
Each Member’s personal data are processed by SocialCompare, which undertakes to provide a sufficient level of protection for the information that you provide to ensure respect for your privacy and basic individual rights and freedoms.
Each Member has the right to object to, modify, correct and delete any personal data which concern him or her (Articles 38 to 40 of the "Computerized Information and Freedoms Act" of 6 January 1978). Each Member may exercise these rights by writing to the data processing manager, Mr. Alexis Fruhinsholz, at SocialCompare’s head office address.
You must send us the information necessary to identify you as the account holder, a written certificate of honor by which you warrant that you are the holder of the account and a photocopy of proof of identity.
Unless opposition from Members, SocialCompare may send them by mail and / or e-mail, offers of products and services.
2-2. Choosing a password: Each Member has to choose a password at the time of registration.
This password will be personal and confidential.
Each Member is fully responsible for using and looking after his identifier and password.
Each Member undertakes to take all necessary steps to ensure that his identifier and password are kept secret and not disclosed to any other person.
Any loss or involuntary disclosure of details allowing a third party to have access to a Member’s identifier or password must be notified immediately to SocialCompare in writing, so that the Internet user can change his identifier and password.
ARTICLE 3 – COMPARISONS AND CONTRIBUTIONS FROM MEMBERS
3-1. Platform provided by SocialCompare: SocialCompare Members may create, modify, translate, comment, rate, vote, review, publish or share comparisons relating to any subject (object, product, institution, organisation, public personality etc.), in any other domain, provided that it does not include abuse and respects the rights indicated in clause 3-4-4.
Internet users or SocialCompare Members may also share or publish comparisons on other websites.
3-2. Free platform for information purposes: Access to and use of the Platform provided by SocialCompare is entirely free, though each member must cover the cost of logging on to and accessing the Internet. The Platform may only be used by Internet users and Members for information purposes.
3-3. Prohibition from using the Platform for commercial or advertising purposes: The Platform may not be used for commercial or advertising purposes. This means in particular that Members may not include any information in their comparisons on the Platform that is likely to earn them income. Members may not, in particular, include any advertising banners, sponsored links or any other affiliated links in the comparisons on the Platform, this list not being exhaustive.
Members are free to use all or part of the content of their comparisons on their own commercial sites or, more generally, as part of their commercial activities, as long as they abide by the terms of the license and any intellectual property rights attached to the content.
3-4. Rules applied to the content of the comparisons: Generally speaking, comparisons are created, modified and published freely by Members. However, the content of comparisons must abide by the following rules and this must be recognized and accepted by Members.
3-4-1. Non-protectable content: Ideas and raw data cannot be protected. Members are authorized to reproduce, represent, modify and use these freely in comparisons.
3-4-2. Protectable content: Certain content is protectable, either on the grounds of copyright, registered trademarks, rights attached to drawings and models, other rights attached to copyright and patent rights. Members undertake not to incorporate any content into their comparisons that infringes intellectual property rights and/or third party image rights.
3-4-2-1. Trademarks – Commercial names - Signs: Members may reproduce trademarks, commercial names, signs or hypertext links in their comparisons for information purposes only. They expressly undertake not to denigrate such trademarks or organizations or not to call for their boycott.
3-4-2-2. Protectable Images: Members may either include a link leading to an image contained on an external site and attach it to the Platform in a reduced format, or display an image on the Platform by transferring it to the SocialCompare server. In the first case, Members undertake to check that there are no restrictions on the target site preventing them from inserting a hypertext link. In the second case, inasmuch as rights are likely to be attached to these images, Members guarantee that they are the holders of the intellectual property rights and/or image rights allowing them to use the images in question.
3-4-3. Content produced by Members that are subject to a license:
The following provisions apply to content produced by Members themselves. To allow comparisons to be modified by third parties and their content to be freely used, Members will be required to subject the content for which they hold the copyright (for example: texts, videos, photographs etc.), to the terms of the Creative Commons Attribution-ShareAlike 3.0 Unported (CC-BY-SA 3.0) licensing contract and to the GNU Free Documentation License (in English) (without any specific version, without invariant sections or covering text). Each Member is expressly informed that these licensing contracts permit the commercial use of the said content.
Members are also informed that the Creative Commons Attribution-ShareAlike 3.0 Unported license enables anyone:
to freely reproduce, distribute and communicate the created content to the public,
to freely modify the created content, provided, however, that:
the original author is mentioned in the manner indicated by the author of the created content or the rights holder,
all modifications, adaptations or transformations of the created content are subject to the same license.
Please note that the above-mentioned licenses do apply to content created by Members themselves or to content that is already the subject of these licenses, but not to the “proprietary” content originating from external resources, such as images, videos, external websites etc.
3-4-4. Prohibited content: Members are prohibited from integrating, downloading, transmitting or publishing, etc., any content on the Website that:
is likely to offend human dignity;
is of an injurious or defamatory nature;
is of a pornographic or paedophile nature;
attempts to excuse crimes against humanity;
incites people to commit crimes and offences;
incites racial hatred or discrimination;
constitutes an attack on individuals’ private lives and/or public image;
undermines the intellectual property rights or associated rights of third parties;
undermines the rights of database producers;
constitutes misleading advertising or unlawful comparative advertising;
advertises tobacco, alcohol or drugs;
contains a virus or any other program likely to damage, destroy or alter other systems,
programs, data files etc. belonging to SocialCompare or its Members or any Internet user;
is, more generally, unlawful.
ARTICLE 4 – NOTIFICATION OF ABUSE
Members and Internet users are requested to bring any unlawful comments or content contained in the comparisons to the attention of SocialCompare.
Any such notifications should be made in writing to SocialCompare and sent to the address contact [arrobase] comparevisually.com, by the Member or Internet user himself, along with a description of the unlawful content.
SocialCompare undertakes to react promptly to all such notifications that are shown to be justified.
ARTICLE 5 – TERMINATION
ARTICLE 6 – LIABILITY
The comparisons are produced and modified using criteria and items chosen and incorporated by the Members alone and under their full responsibility.
At no time will SocialCompare intervene in the production of the comparisons or in the choice thereof and in particular in the choice of criteria, or in the choice, editing or formatting of the items or content of the statements.
ARTICLE 7 – GENERAL PROVISIONS
7-1. Website problems: SocialCompare may not be held liable if the Internet user is unable to access the Website for any reason, in particular if this is due to maintenance operations or if, at any time and for any reason, access is interrupted as a result of a fault beyond its control. SocialCompare cannot guarantee that the Website is free of any computer viruses or other problems beyond its control.
7-2. Limitations of the Internet: The Members declare that they are familiar with the Internet, its characteristics and limitations and they acknowledge:
that data transmission on the Internet is known to be not totally reliable, as the data may propagate around heterogeneous networks with varying technical capacities and characteristics, which may be saturated from time to time and at certain times of the day;
that data circulating on the Internet are not protected against misappropriation of data; Members therefore communicate all information at their own risk.
7-3. Liability relating to the disclosure of identifiers and passwords: Under no circumstances may SocialCompare be held liable for any prejudice suffered as a result of the loss or disclosure of a Member’s individual identifier or password.
7-5. Intellectual Property Rights attached to the Website: The graphic design of the Website, the SocialCompare logo and all the intellectual property rights associated therewith are the property of SocialCompare. No rights relating to the graphic design of the Website, SocialCompare logo or intellectual property rights associated therewith may be conceded to any Internet user.
Any unauthorized use, in full or in part, of the graphic design of the Website, the SocialCompare logo or the intellectual property rights associated therewith will result in a criminal prosecution.
ARTICLE 8 – APPLICABLE LAW / COMPETENT COURTS
8-2. The Competent Courts: If the Member is of French nationality, the rules of territorial competence and the applicability of the Code of Civil Procedure will apply. If the Member is of foreign nationality, it is understood that any disputes relating to the formation, validity, interpretation, performance and termination of the contract concluded between the parties that cannot be amicably resolved will be referred to the competent Courts in Nice, in accordance with the French rules relating to the definition of competence. By the parties’ express agreement, this will also apply in the event of emergency proceedings, third party appeals or multiple respondents.