Terms of Service
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Presentation
Cyril ROLLY Photography
RCS NUMBER
Headquarters: 5 Rue Michel Onzon - 63200 Davayat
This document brings together all the legal information relating to the editorial activity of the website www.cyrilrolly.com, throughout its existence.
This information is up to date and accessible at any time on the aforementioned site.
Article 1. Definitions
The Site: the website accessible at the address www.cyrilrolly.com
General Conditions: the present document as a whole (“the General Conditions”, also called “General Conditions of Use”, or “T & Cs”), governing the use of the Site by any user, in any country. The Publisher: ROLLY Cyril, sole representative of the Site.
The User: any natural person browsing the Site under their sole responsibility, presumed to have full legal capacity.
Services: all the services offered by the Publisher via the Site. The Parties: jointly designate the Publisher and the User.
Article 2. Purpose
. The Site is a showcase whose purpose is to inform its visitors and users about the activities of the Publisher and to allow the latter to be contacted through him.
. The purpose of these General Conditions is to determine all the provisions applicable to any use of the Site by any person, from any computer terminal and from any country, distribute the mutual rights and obligations in this frame.
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. These General Conditions do not have the purpose or the effect of governing the commercial relations between the Publisher and its clients, which are governed exclusively by a contract for the provision of services, offered by the latter at the time of subscription to offer (s) and accepted by the customer at the same time as the quote proposed by the latter.
. The use of the form alone does not entail any seller's obligation for the Publisher.
Article 3. Conditions of application and acceptance
3.1. Conditions of application
. It is recalled that the application of these General Conditions is subject to full legal capacity and the free and informed consent of the Parties, as well as the lawfulness of the User's initiative. The General Conditions apply fully and exclusively, with the exception of the mandatory provisions of the law in force.
3.2. Time of acceptance and duration
. The User admits that his browsing on the Site automatically entails his acceptance of these General Conditions, and that his consent is deemed to be respected as soon as he enters the home page of the Site or the first he visits.
. Regarding the collection and processing of personal data, the Publisher systematically informs Users of the collection of personal data before the validation of the operation which requires it, and allows them to explicitly consent to this collection operation. , by any technical process allowing to certify this consent (checkbox, captcha, clickable button, etc.).
. These collections are in all cases carried out with strict respect for privacy.
Users and the Publisher's Privacy Policy.
3.3. Indivisibility
. These General Conditions are indivisible and their acceptance is valid for the whole. Users may in no case voluntarily waive the application of one or more of its clause (s). The possible voluntary modification or substitution on the part of the Publisher of one or more clause (s) of these General Conditions, and for any reason whatsoever, does not constitute a waiver by him of the whole.
. Also, it is accepted between the Parties that in the context of possible legal proceedings, the recognition of the invalidity of one or more clause (s) of these General Conditions would only apply to the one (s) concerned. by said procedure.
Article 4. Use of the Site
Article 4.1. IT security
. The User undertakes to comply with these General Conditions and all the law in force.
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. It is recalled that the consultation of the Site is free, and that any additional costs borne by the User as a result of navigation, and attributable to other service providers, cannot in any way be reproached to the Editor or borne by this last.
. The Publisher undertakes to provide and maintain the Site in safe conditions
optimal computing power under normal conditions of use.
. As a result, the latter can in no way be responsible for any form of computer attack suffered by the User which may have a direct or indirect link with his browsing on the Site.
. Fraudulent access to the Site and / or fraudulent maintenance on the Site, likely to hinder its operation in any way, as well as the introduction and / or modification of data contained therein, constitute offenses liable to to be prosecuted and give rise to reparation and / or legal conviction.
Article 4.2. Hypertext links
. The setting up of any hypertext links to the Site, from any site and from any terminal, is a priori free, subject to the following conditions:
- the practice of links must not be abusive or systematic;
- the link has been checked beforehand and does not a priori involve any IT risk;
- the link does not infringe any intellectual property right and cannot in any way represent a risk of confusion in the mind of the public.
. The User undertakes to remove said link upon simple written request from the Publisher, whose liability is strictly excluded for any damage resulting from any technical problem and / or security breach resulting from such a hypertext link, affixed with or without the consent of the latter.
. Any information accessible on the Internet via a link leaving the Site is not under the control of the Publisher, who declines all responsibility for their content.
Article 4.3. Moderation of the Editor on shares, opinions and comments
. The Publisher ensures active and a priori monitoring of the content of the Site as a whole, with regard to all positive law and standard practices on the Internet, and reserves, for the proper performance of its obligations as publisher of website, discretionary and unilateral power of moderation and control over the entire Site.
. The Publisher reserves the right, at any time and without having to justify it, to delete any information that could disrupt the functioning of the Site or violate these T & Cs, national or international laws, or the rules of Netiquette, as well as than to exclude the authors or those responsible for the publication of said content, and / or cancel the subscribed Services, without prejudice to any legal procedure initiated by the law in force in compensation for any damage.
. Thus, Users agree to use the interactivity functions on the Site (sharing, opinions, comments), in conjunction with the social network buttons on the Site, under their own responsibility. The conditions for collecting data on this occasion are specified in the Provider's Privacy Policy.
. Users can always contact the Service Provider, via the following email address: cyril.rolly@gmail.com
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Article 5. Service suspensions and force majeure
. Any interruption of the Site and therefore any suspension of the Services offered on the Site, attributable to a case of force majeure, due to a third party, technical hazards, and in general any unforeseeable, irresistible and independent circumstances. will of the Publisher, can not engage the responsibility of the latter.
. In such cases, the contractual obligations of the Publisher are suspended without penalty at their expense for the duration of their existence.
Article 6. Intellectual property
6.1. The brand, the trade name and the domain name
. The following domain names (all subdomains included) are also registered and protected: www.cyrilrolly.com, and logos.
. It follows that any reproduction, use, affixing and imitation, in whole or in part, in any form and by any process whatsoever, of the elements constituting this sign (texts, name, slogan, design, image, logo, slogan, and any other potentially representative element) is prohibited without prior and express agreement from the Publisher.
. Failure to respect these rights is liable to lead to prosecution, in particular for infringement, according to the procedures in force and in accordance with articles L 713-1 et seq. Of the Intellectual Property Code.
. The commercial use of names and distinctive signs of the said brand, of the domain name and of the Site, and in general of the aforementioned commercial sign, prejudicing the Publisher by creating any form of confusion in the spirit of the public, is likely to lead to prosecution for unfair competition and / or economic parasitism according to the procedures in force.
6.2. The Site and the elements of the Site
. The Site was produced in all its technical aspects by the company Cyril ROLLY Photography
. The Site, in all its elements, is the full property of the Publisher (including and not limited to texts, logos and photos, videos, codes, numbers etc.).
. The Publisher acts with respect for the legitimate intellectual property rights attached to all goods of any kind that may be displayed on the Site, and cannot be held liable by any possible infringement proceedings.
. It is accepted without reservation that any reproduction, representation, distribution, sale, transmission, making available to third parties of the Site, in whole or in part, by any process and on any medium whatsoever, without the express prior consent of the Publisher, is prohibited, and therefore liable to lead to prosecution according to the procedures in force. Failure to comply with this requirement constitutes an infringement liable to engage the civil and / or criminal liability of the infringer.
Article 7. Applicable law
. These General Conditions are subject and governed exclusively by French law, and must be interpreted with regard to French law.
. No foreign element can thus be invoked to justify the application of a
any rule of foreign law.
. Any use of the Site, from any country and by a User from any
which nationality, is subject exclusively to French law.
. The Publisher excludes its liability for any damage resulting from any restriction of access to the Site, due to foreign legislation, connection difficulties, or any restriction beyond its control.
Article 8. Disagreements and disputes
. Any disagreement between the Parties will first be the subject of an amicable settlement attempt within a reasonable time.
. Disputes which have not been able to lead to an amicable settlement will be subject to the exclusive jurisdiction of the French courts, that is to say:
- if the User concerned is a professional trader, the dispute will fall under the exclusive jurisdiction of the competent Courts.
- if the User concerned does not have a specific status, the dispute will fall under the jurisdiction
of the Tribunal determined by the applicable mandatory rules and depending on the particular case.