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Terms

General terms and conditions of use

Summary:

1.  Preliminary notices
2. Preamble
3. Creation of the account
4. Connect with Facebook Connect and Google+ Sign-in
5. Notices relating to the French Data Protection Law of January 6, 1978
6. Notices relating to the collection of "cookies"
7. Exemption of any liability towards the publisher during execution of this contract
8. Intellectual property rights relating to elements published on this site
9. Amendment of the general terms and conditions
10. Applicable law and jurisdiction
11. Amicable settlement of disputes
12. Invalidity
13. Non-waiver




1. Preliminary notices

a) Legal notices

This site is published by NewDo Consulting, a French limited liability company (SARL) with share capital of € 210.000,00, entered in the Versailles Companies Register under number B 488247107, and whose registered office is located at 5 Chemin de la Tuilerie, 78240 Chambourcy.
The publisher can be contacted by telephone at +33174123556 or by email at the following address: contact@pastin.com


Intracommunity VAT no.: FR 11 488247107.

The site is hosted by Infomaniak, whose registered office is located at 6 avenue de la Praille, 1227 Carouge, Genève, SUISSE and can be contacted by telephone at the following number : 0811 14 30 70.

The director of site publication is Arnaud Domont.


b) Purpose

 This site is free to access and free of charge to any user. Its purpose is to provide the user with a secure online-space where he can save web links through copy and paste method. The site helps user to classify and store web links in various subfolders and to share and comment content with one or more other users.

c) Acceptance of the general terms and conditions

Subscription to a contract governed by these terms and conditions with the publisher of this site implies acceptance by the user of these general conditions.  Equally, the user also acknowledges to be fully aware of them. This acceptance will consist of the user validating the general terms and conditions of use of the site.


Accepting the general terms will be deemed to have the same value as a handwritten signature. The Internet user acknowledges the evidential value of the automatic registration systems of the publisher of this site and, unless he can provide contrary proof, he waives contesting them in the event of a dispute.

The acceptance of these general terms and conditions assumes on the part of users that they have the legal capacity required to do so, or failing this that they have the authorisation of a guardian or trustee if they are legally incompetent, or of their legal representative if they are minors and that they have a proxy if they are acting for a company.


2. Preamble


In the use of the services offered on this site, users (or members) undertake without limitation to:
- use the services provided by the publisher diligently and fairly,
- respect the spirit and the editorial line of the site,
- refrain from disturbing the peaceful use of the services by other members,
- respect the rights of third parties,
- refrain from using the service for commercial or promotional purposes,
- comply with all laws and regulations in force,
- refrain from publishing or uploading, by any of the interfaces made available to them by the publisher, racist, xenophobic , denigrating, defaming, deceptive , disrespectful, offensive, aggressive , political, contrary to public order or to morality contents or which are in breach of law.

The use of the service by members will be under their sole responsibility.

Users are, in any case, responsible of the data stored in their personal accounts, on their public profile or exchanged through the use of services. They remain accountable and fully responsible for their actions committed in the use of this service before courts.

Any violation of these terms and conditions that led to damage or violating the law can be pursued directly against the user who thus discharges the publisher of the service from any liability in this matter.



3. Creation of the account

a) Creation

The creation of a personal space is a prerequisite to any use of the services offered on the site. To this extent, members will be asked to provide certain personal information (name, pseudonym and passeword). The member agrees to provide accurate information under penalty of termination of the contract at the initiative of the publisher and the account cancellation.

Some information will be deemed essential to the creation of the personal space and validation of the contract. The refusal by a member to provide such information will effectively prevent the creation of the account and, incidentally, the use of the services.


a) Operation
 
The member's area allows user to view all information he has provided during registration, to classify and store web links in different subfolders and to share and comment content with one or more other users.

If the data contained in the personal space were to disappear as a result of a fortuitous event, a technical failure or force majeure, the responsibility of the publisher of this site will not be undertaken, these information having only an informative character.

The publisher reserves the exclusive right to cancel the account of any member who may have breached these terms and conditions (including, but not limited to, when the member has deliberately provided false information during his registration and establishment of personal space) or that the account is inactive for at least one year. Such removal will not be liable to constitute damage for the excluded member who therefore is not entitled to any compensation.
 
This exclusion does not exclude the possibility, for the publisher, to initiate prosecution court order against the member, when the facts have been justified.

b) Password

When creating the member's account, the Internet user is prompted for a password. This password is the guarantee of confidentiality of information contained in the personal space, and the member is prohibited from transferring or communicating it to anyone. Otherwise, the site will not be liable for unauthorized access to the member's account.


4. Connect with Facebook Connect and Google+ Sign-in

Through « Facebook connect » and « Google+ Sign-in » applications available on the site, the user shall be entitled to connect to the site using the username and password attached to its accounts "Facebook " and " Google+ Sign -in ".

If so, the account information provided by "Facebook " or " Google+ Sign-In " will be transferred to the publisher in the same way as if the user had registered directly from this site.

The user will thus be deemed a full member and will be subject to both these terms and conditions and the general conditions of use of http://www.facebook.fr and http://www.google.com.




5. Notices relating to the French Data Protection Law of January 6, 1978


a) General points - Purpose - Term

Internet users are free to provide personal information, which is not necessary for browsing the site. However, registration on this site involves the collection, by the publisher of a number of pieces of personal information about users. Users who do not want to provide the information required to create a personal space will not be able to use the services offered by the publisher through the site.

The collected data are necessary for the proper administration of the services offered on the site and compliance by the publisher with its contractual obligations. These data are stored by the publisher solely for this purpose, and the publisher undertakes neither to use them in another context nor to transfer them to third parties, without the express agreement of users or as provided by law.

Details of all registered users on this site are stored for a maximum period of one year after the removal of the personal space, a reasonable time period required for the proper administration of the site and normal data usage. These data are kept under secure conditions, according to the current state of technology, in accordance with the provisions of the French Data Protection Law of January 6, 1978.


b) Right to access, rectify and delete data

According to the law, users have a right to oppose, query, access and rectify the data they have provided. To do this, they need only to make a request to the publisher of the site at the following email address: contact@pastin.com, or by mail to the publisher's head office address stated at the beginning of these general terms and conditions.

 
Personal data collected shall be processed by computer and are exclusively reserved for the site publisher. The collected personal data are hosted on servers Infomaniak in Switzerland. The person in charge of processing data is Domont Arnaud. CNIL (French Data Protection Authority) declaration number: 1810321 v 0


c) IP address

Furthermore, the publisher reserves the right to collect the IP (Internet Protocol) address of all users of the site. The collection of this IP address will be done anonymously, it will be stored for the same duration as the personal information and is only intended to be used for the proper administration of the services offered on this site. The IP address is a series of numbers separated by points allowing the unique identification of a computer on the Internet.
 
The publisher must disclose all personal data relating to a user to the Police (upon a court requisition) or any person (upon a court order). The IP address of any computer can be reconciled with the actual identity of the subscriber held by the ISP (Internet Service Provider).


6. Notices relating to the collection of "cookies"

a) General points - Purpose - Term


To ensure that all Internet users can browse this site optimally as well as a better functioning of the various interfaces and applications, the publisher may store a cookie on the user's computer. This cookie is used to store information relating to site browsing (date, page, hours), as well as any data entered by users during their visit (searches, login, email, password). These cookies are meant to be kept on the user's computer for varying periods of up to 1 month and may be read and used by the publisher during a subsequent visit of the user to this site.


b) Right to oppose the storing of cookies


The Internet user has the ability to block, modify the storage period or delete this cookie via the browser interface (generally: tools or options/privacy or confidentiality). In such a case, browsing on this site may not be optimized. If the systematic disabling of cookies on the user's browser prevents him from using certain services or functionality provided by the publisher, this malfunction can in no way constitute harm caused to the user who will not be entitled to any compensation therein.


c) Deletion of cookies

Internet users also have the option to delete cookies previously present on their computer, by going to the menu of their browser provided for this purpose (usually tools or options/privacy or confidentiality). Such an action does not affect their browsing on this site, but causes users to lose all the benefits provided by the cookie. In this case, they will have to re-enter all their information.

To learn more about cookies, please visit http://aboutcookies.org/


7. Exemption of any liability towards the publisher during execution of this contract


If the user is unable to access the website due to technical problems of any kind, he cannot claim damages and cannot claim any compensation.

To the extent that the different services and interfaces provided to users on this site are free of charge, the publisher will be under no obligation to them in terms of availability and proper functioning of these services.

Any malfunction or interruption of service will thus not constitute damage for users who therefore are not entitled to any compensation.

The publisher reserves the exclusive right to cancel the account of any member who may have breached these terms and conditions including, but not limited to, when the member has published racist comments or comments against morality. Such removal will not be liable to constitute damage for the excluded member who therefore is not entitled to any compensation.

The publisher cannot guarantee members the accuracy of the data provided, the good faith and the clarity of the intentions of other members for that all of these elements cannot be thoroughly and systematically controlled by the publisher.

Thus, members are not entitled to any compensation due to the furniture by another member of false data or bad faith of a member in the use of the services provided by the publisher.

PURSUANT TO ARTICLE 6-I -2 OF THE TRUST IN THE DIGITAL ECONOMY ACT OF JUNE 21, 2004, THE PUBLISHER SHALL NOT SEE HIS RESPONSIBILITY ENGAGED DUE TO DATA STORED AT THE REQUEST OF A MEMBER IF HE DID NOT KNOW THE ILLEGAL NATURE OF THE ACTIVITY OR DATA, OR IF, AS SOON AS HE HAS BEEN ADVISED, HE ACTED PROMPTLY TO REMOVE THE DATA OR TO PREVENT ACCESS TO IT.

The hyperlinks present on this site may refer to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes current laws. Similarly, the publisher of this site cannot be held liable if the visit by the user to one of these sites has caused him a loss.


8. Intellectual property rights relating to elements published on this site


All elements forming this website are protected by legislation on intellectual property.

Therefore, Internet users acknowledge that in the absence of authorization, any total or partial copy, circulation or use of one or more of these elements, whether or not modified, will likely lead to the user being prosecuted by the publisher or its beneficiaries.

This protection will cover all textual and graphical content on the site, but also cover its structure, name and graphics charter.


9. Amendment of the general terms and conditions

These general terms and conditions may be amended at any time by the site publisher or its representative. The general terms and conditions applicable to the user are those in force at the date of connection on the site. The publisher agrees to keep all of its former general terms and conditions and send them to any user who requests so.


10. Applicable law and jurisdiction

THESE GENERAL TERMS AND CONDITIONS ARE SUBJECT TO THE APPLICATION OF FRENCH LAW AND THE JURISDICTION OF THE FRENCH COURTS. THE CONTRACT LANGUAGE IS FRENCH.

IN CASE OF DISPUTE WITH A USER HAVING MERCHANT QUALITY, IN THE MEANING GIVEN BY THE JURISDICTIONS OF FRENCH LAW, PARTIES AGREE TO EXCLUSIVELY SUBMIT THE DISPUTE TO THE JURISDICTION WHERE THE PUBLISHER IS ESTABLISHED.


11. Amicable settlement of disputes

Unless otherwise provided for by law, all disputes which may arise in connection with the execution of these general terms and conditions must, before any legal action is initiated, be subject to the assessment of the site publisher in view of an amicable settlement. Users are reminded that applications for amicable settlement do not suspend the time limits for bringing legal proceedings.


12. Invalidity


If any provision of these general terms and conditions were to be declared invalid by a court decision, such invalidity will not entail the invalidity of all other clauses, which will continue in full force and effect.


13. Non-waiver


The fact that neither party has taken advantage on a temporary or permanent basis of one or more provisions of these general terms and conditions will in no case constitute a waiver of taking advantage of the remaining general terms and conditions.