The present "terms of service" aim at providing the legal framework for the conditions of provision of the services of the application Mark and their use by the "User".
The Terms of Service must be accepted by the User who wish to access the application. They constitute the contract between the application and the User. L’accès à l'application par l’Utilisateur signifie son acceptation des présentes conditions générales d’utilisation. The subscribtion to the application by the User means acceptance of these terms of service.
The edition of the Mark application is provided by the physical person Claire Chabas whose head office is located in Paris, France.
The director of the publication and data protection officer is Mrs. Claire Chabas.
The hosting provider of the application Mark is the Company OVH SAS with a capital of 10 069 020 € whose head office is located at 2 rue Kellermann - 59100 Roubaix - France.
The present clause aims at defining the different essential terms of the contract :
The application allows the user free access to the following services:
The application is accessible free of charge anywhere to any User with access to the Internet. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the charge of User and under his responsibility.
The non-Member User does not have access to member services. For this, he must identify himself using his email address and password.
The application implements all the means at its disposal to ensure a quality access to its services. The obligation being of means, the application does not commit to reaching this result.
Any event due to a case of force majeure resulting in a malfunction of the network or the server does not engage Mark's responsibility.
Access to the application's services may at any time be subject to interruption, suspension, modification without notice for maintenance or for any other case. The User commits to not claim any compensation following the interruption, the suspension or the modification of the contract.
The User can contact the application by e-mail at firstname.lastname@example.org.
The trademarks, logos, signs and any other content of the application are protected by the Code of Intellectual Property and more specifically by copyright.
The User requests the prior authorization of the application for any reproduction, publication, copy of the different contents.
The User agrees to use the contents of the application in a strictly private setting. Use of the content for commercial purposes is strictly prohibited.
Any content posted by the User is his sole responsibility. The User agrees not to put on line content that may undermine the interests of third parties. Any legal action brought by an injured third party against the application will be supported by the User.
The content of the User may be at any time and for any reason deleted or modified by the application. The User may not receive any justification and notification prior to the deletion or modification of the User Content.
The information required for registration to the application is necessary and mandatory for the creation of the User's account. In particular, the email address may be used by the application for the administration, management and animation of the service.
The application assures the User a collection and treatment of personal information in respect of privacy in accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms.
Under Articles 39 and 40 of the law dated January 6, 1978, the User has a right to access, rectify, delete and oppose his personal data. The User exercises this right via:
The following types of personal information may be collected, stored, and used:
Personal information submitted to us through the application Mark will be used for the purposes specified in these terms of service. We may use your personal information for the following:
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information:
We may update this policy from time to time by publishing a new version of Mark. You should check this page occasionally to ensure you understand any changes to this policy. We may notify you of changes to this policy by email.
We may withhold personal information that you request to the extent permitted by law.
You may instruct us at any time not to process your personal information for marketing purposes.
By creating an account for Mark you expressly agree in advance to our use of your personal information for marketing purposes, and we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties.
Please let us know if the personal information that we hold about you needs to be corrected or updated.
The sources of information displayed on the application are deemed reliable. However, the application reserves itself the faculty of a non-guarantee of the reliability of the sources. The information given on the application is for information purposes only. Thus, the User assumes sole responsibility for the use of the information and contents of this application.
The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited.
The User assumes the risks associated with the use of his email address and password. The application declines any liability.
Any use of the service by the User resulting directly or indirectly in damages must be compensated at the benefit of the application.
An optimal guarantee of the security and the confidentiality of the transmitted data is not ensured by the application. However, the application is committed to implementing all necessary means to ensure the best security and confidentiality of data.
The responsibility of the applicatin can not be engaged in case of force majeure or of the unpredictable and insurmountable doing of a third.
Many outgoing hypertext links are present on the application, however the web pages where these links lead do not engage the responsibility of Mark which does not have the control of these links.
The User is therefore prohibited from engaging the responsibility of the application concerning the content and resources relating to these outgoing hypertext links.
The application reserves itself the right at any time to modify the clauses stipulated in this contract.
The duration of the present contract is indefinite. The contract has effect with respect to the User starting at the use of the service.
French law applies to this contract. In case of absence of amicable resolution of a dispute born between the parties, only the courts within the jurisdiction of the city of Paris are competent.