Terms of use

LEGAL DISCLAIMER

The information contained in this document does not constitute legal advice and you should not rely on it as such. Specific requirements regarding legal terms and policies may vary from state to state and / or jurisdiction to jurisdiction. As stated in our Terms of Service, it is your responsibility to ensure that your services are authorized and that they comply with applicable laws.

In order to ensure that you are in full compliance with your legal obligations, we strongly recommend that you seek professional advice in order to better understand what requirements are specific to you.

These conditions

(1) The TocToMe site, including all mobile applications connected to it (collectively the "Services"), are owned and operated by [insert company name, including its legal form] (hereinafter also called " us ”,“ our ”or“ our ”). These Terms of Use (the “Terms”) set out the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and / or the Services.

(2) By accessing or using the Services, you acknowledge having read and consented to these Terms and you agree to be bound by them. If you do not agree to all of the Terms, you must not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services. In these Terms, you will find out who we are, how you can use our Services, and what you can do if something goes wrong.

(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, and to use the Services. If you are under the age of majority, you may only use the Services with the consent of your parents or legal guardian.

[For professional users]

(4) This site is published by [first and last name, address, telephone number and e-mail address, and where applicable, trade register number and VAT number].

The director of the publication is [first name, last name].

You can contact us :

by phone: [phone number] (price of a local call)
by e-mail: [e-mail address]
by mail: [postal address]

This Site is hosted by Wix.com

[For private users]

(4) This Site is hosted by Wix.com

These Conditions are provided in the French language. In the event of a discrepancy between the French version of this document and any of its translations, the French version will prevail.

To use our Site and / or take advantage of our Services, you must be at least [add number] years of age, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Conditions as a binding agreement. You are not authorized to use this Site and / or to benefit from our Services if it is prohibited in your country, or by a law or regulation which is applicable to you.

In addition, before placing and confirming an order, you must read and agree to these Terms.

You can download and print these Terms.

[Note from Wix: Do you have a member area / member account on your site? If the answer is yes, add the following highlighted section or delete it.]

Member account

(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide precise and complete information when creating your Member Account.

(2) If someone other than yourself accesses your Member Account and / or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on behalf of you, and you will be solely responsible for all activities that take place on your Member Account, whether or not you have specifically authorized them, and for all damages. , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you have allowed the use of your Member Account negligently, not taking reasonable care to protect your login credentials.

(3) You can create and access your Member Account through a dedicated web page or by using a third party platform such as Facebook (the “Social Network Account”). If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.

(4) We may terminate or suspend temporarily or permanently your access to your Member Account without incurring our responsibility, in order to protect ourselves, our Site and our Services or to protect other users, including if you violate a provision of these Terms or any applicable law or regulation in connection with your use of the site or your Member Account. We may do this without notice to you if the circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by email, if we terminate our Member Accounts program or for any other reason. You can stop using your Member Account and request its deletion at any time by contacting us.

Acceptable use

(1) Our Services are provided for your information and for personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, you must not: (i) use our services in an unlawful or fraudulent manner (including infringing the rights of a third party) or for such purposes, to collect personally identifiable information or to impersonate other users; (ii) modify or use our copyright, trademark or other proprietary rights notices, or interfere with the security features of our services; (iii) use our services in any way to manipulate or distort, or undermine the integrity and accuracy of any content, or take steps to interfere with, damage, disrupt any part of our services; (iv) use our services to send, receive, upload / post, download, any material that does not comply with our content standards; (v) use our services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (vi) use our services to transmit data, or upload data to our services, which contains viruses, Trojans, worms, time bombs, keyloggers, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor or copy our site or other web pages or the content of our services, or use network monitoring software to determine the architecture of our services or extract usage data from it; (viii) engage in conduct that restricts or prevents any other user from using or enjoying our services; or (ix) use our services for any commercial purpose or in connection with any commercial activity carried out, without obtaining our prior written consent. You agree to cooperate fully with us in investigating any suspicious or actual activity that violates these Terms and Conditions.

Intellectual property

(1) Our Services and related content (and any derivative work or improvement thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, as well as all intellectual property rights therein, are our property or licensed to you (collectively, "Our Intellectual Property"), and nothing herein grants you any right in connection with Our intellectual property. Except as expressly provided herein or if required under mandatory provisions of applicable law for the use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights which are not expressly granted in these conditions are expressly reserved.

(2) If a Service includes the provision of digital content such as music or videos, the rights specified for that content on the Site will be granted to you.

User content

(1) You may post to or through our Services text, files, images, photos, videos, sounds, musical works, copyright works, audio files, fonts characters, logos, trademarks, illustrations, compositions, applications, comments, information and other material, as applicable (collectively, “User Content”).

(2) By posting or posting ("Posting") any User Content on or through the Services, you hereby grant us a limited, non-exclusive, fully paid, royalty-free license, worldwide, to use, modify, delete, add, publicly perform, publicly display and reproduce such User Content as part of the Services by distributing all or part of the Services in the appropriate formats through the channels media that we support, except that User Content that has not been shared publicly (“Private”) will not be distributed outside of the Services.

(3) You represent and warrant that: (i) you own the User Content uploaded or provided by you through the Services or have the right to grant the license set out in this section, (ii) the publication and 'use of your User Content on or through the Services does not violate the rights to privacy, publicity rights, copyright, contractual rights, intellectual property rights or any other right of any person, and (iii) posting your User Content on the Services does not result in a breach of contract between you and a third party.

(4) If you believe that your work has been copied or has been used in any other way that constitutes copyright infringement, you can notify us using the contact details provided in the last section of these terms and provide thus the following information:

(i) contact details of the person authorized to act on behalf of the copyright owner;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of the document that you claim to be infringing or to be the subject of infringing activity and which is to be removed or access to which is to be disabled, and sufficient information to enable us to locate that document (including its URL address);

(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner. copyright that has allegedly been infringed.

(5) We reserve the right to give notice of this counter-notice to the person or entity providing the notice of violation and to provide any details included therein.

(6) We can be contacted at the following address:

Name: [Insert company name]

Address: [insert address]

E-mail: [insert e-mail address]

Exclusion of warranty for the use of the Site and the Services

The Services, our intellectual property and all documents, information and content provided relating to them which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranty regarding the safety, reliability, timeliness, accuracy or performance of our services, except in the event of malicious non-disclosure of defaults. We do not guarantee that our Free Services will be provided without interruption or error, or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates.

Compensation

You agree to defend and hold us harmless against all actual or alleged (including, but not limited to, reasonable attorneys' fees) and claims, damages, costs, liability and expense. ) arising out of, or related to, your use of the Site and the Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set out in the "Acceptable Use" section and any User Content uploaded or provided by you in violation of the guarantees provided for in the "User Content" article, unless these circumstances are not caused by your fault.

Limitation of Liability

To the fullest extent permitted by applicable law, we accept no liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and any loss of income, profits, customers, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunities, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its content, ( ii) the use, inability to use or the results of the use of this site, (iii) any website linked to this Site or the materials on such linked websites.

We cannot be held responsible for a delay or a failure to fulfill our obligations under these Conditions if this delay or this failure results from a cause beyond our control and / or a case of force majeure within the meaning of article 1216 of the Civil Code.

Modification of the Conditions or the Services; interruption

(1) We reserve the right to modify these Terms whenever necessary, in our sole discretion, to take account of changes in the law or of additional features that we may introduce, or in the course of the development of our business. . Therefore, you should review these Terms regularly and, in any case, when you create a Member Account (if applicable). The new Terms will apply to any new use of the Service by you after their effective date. If Recurring Services you use are affected by changes to the Terms, we will reasonably take your legitimate interests into account when making those changes. We will notify you of such changes in advance. The modifications will be deemed accepted by you if you do not object to them within two months of this notification. We will draw your attention to this fact in our notification. If you object, we will have a special right, without any liability to you, to terminate the agreement with you with effect from the effective date of those changes.

We may change the Services, stop providing the Services or any feature of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without any liability. We will notify you sufficiently in advance if this is possible in the given circumstances and we will reasonably take your legitimate interests into account in any such action.

Links to third party sites

The Services may include links that take you away from the Site. Unless otherwise stated, linked sites are not under our control and we are not responsible for their content, any links they contain, or their changes or updates. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites it does not mean that we endorse their owners or their content.

Applicable right

These Conditions are governed and interpreted in accordance with French law, with the exception of conflict of law rules.

Various

(1) No waiver of a breach or default hereunder may be considered as a waiver of a previous or subsequent breach or default.

(2) The article titles used in these Terms are used for convenience only and have no legal substance.

Unless otherwise specified, if any part of these Terms is found to be illegal or unenforceable for any reason whatsoever, it is agreed that that part of these Terms will be deleted, that the other terms of these Terms will not be affected and that they will remain. in force.

By accepting the Conditions, you agree not to contest the probative value of the documents exchanged via the Site, on the basis of their electronic nature. The computerized registers are considered as proof of communications, orders and payments made between us.

Your acceptance of the Conditions constitutes a proof agreement, within the meaning of article 1368 of the Civil Code.

(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.

(6) These Terms constitute the entire agreement and supersede all previous written or oral agreements between you and us relating to the Services and the sale of the Products.

(7) The provisions of these Terms, which by their nature must survive any action on our part, will survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, to the limitations of liability and to this “Miscellaneous” article.

To contact us, send an e-mail to:

Name :

E-mail :

Address :

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