The company FIGARO CLASSIFIEDS, a limited company with a capital of 6,974,118 euros, registered to Paris Trade and Companies Register under the number B 431 373 471 whose registered office is 14 Boulevard Haussmann 75009 Paris, represented by its legal representative domiciled in such capacity at the said registered office and operating the website www.viadeo.com (hereinafter the "Site" or "Viadeo"),
Hereinafter referred to as "FIGARO CLASSIFIEDS"
On one hand,
Users of the Website referenced as “www.viadeo.com”, as self-identified upon the creation of their account on the aforementioned Site,
hereinafter, jointly or singly, "the “Members”" or "the “Member”",
On the other hand.
FIGARO CLASSIFIEDS operates an Internet platform accessible at the www.viadeo.com address , through available technologies, and particularly through the use of a computer or mobile terminal, allowing Members to create and publish online, under certain conditions, their professional profiles, specifically to develop their professional network, find professional opportunities, exchange ideas, particularly by contacting other members, participating in member-created and -managed forums, or announcing events, the above being directly related to their professional activities (hereinafter, "the “Site”").
To this end, the Site offers previously registered users a certain number of features, dedicated solely to the development of their network and professional activity (hereinafter, "the “Service”"). Most of these features are available free of charge; however, some of them, which are optional, are offered at a cost and are reserved to those members who have chosen to subscribe to those services (hereinafter, "the “Subscribers”"). and thus accept the Special Terms of Sale presented when registering for the subscription (hereinafter, "the “Subscription”").
Article 1. Registration to the Service
1.2. Mandatory registration prior to access to the Service
By completing the Registration Form, the Member guarantees FIGARO CLASSIFIEDS he/she has provided exact, truthful, current and complete information concerning his/her identity professional activity and personal data. He/she specifically commits to provide an effective electronic address he/she owns. If he/she is not acting on his/her own behalf, he/she guarantees he/she is acting on behalf of a physical or moral person who meets the above conditions, whom he/she legally represents or from whom he/she has been granted an explicit mandate to enter into an agreement with FIGARO CLASSIFIEDS, and who has allowed him/her to provide the information required to use the Service, under the conditions defined herein.
The Member commits to update all information concerning him/her regularly in his/her profile, to preserve their accurateness, in his/her own interest, considering the purpose of the Service. Each Member may, at any time, modify the data concerning him/her which he/she deems useful or necessary, by clicking on the “Edit” link accessible in the various sections of his/her profile, including those data concerning his/her registration data, through the “My Account” section accessible from his/her profile.
Should a Member provide false, improper, expired or incomplete data, FIGARO CLASSIFIEDS reserves the right to suspend or terminate the Contract and his/her account, and to refuse him/her future access to all or part of the Service, under the conditions set forth in Article 6 hereunder.
Should a Member violate applicable laws, and particularly criminal laws, or those laws intended to protect third-party rights, or should his/her conduct harm a person’s interests, whosever this may be, including FIGARO CLASSIFIEDS or any company with a legal relation to FIGARO CLASSIFIEDS, or prejudice another Member’s use of the Service, FIGARO CLASSIFIEDS reserves the right to suspend or terminate the contract and his/her account, without prior notice, and to refuse him/her future access to all or part of the Service, under the conditions set forth in Article 6 hereunder.
Under no circumstance shall FIGARO CLASSIFIEDS be held liable by users or third parties for any error, omission, or inexactness which may arise in the information provided by a Member.
1.3. Member account and password
The Member commits to create only one account for his/her profile.
Each Member may receive, as part of the registration process, at the electronic address provided by him/her at the time of his/her registration, an e-mail for the purpose of activating his/her account. In this case, the Service will only be fully accessible once the Member has fully completed the activation process indicated in said email.
The login and password chosen by the Member at the time of the registration allows access to the Service. This data is confidential.
The Member is solely liable for any use which might be made of his/her login and password, and the sole guarantor of their confidentiality and of any use made of his/her account.
The Member shall inform FIGARO CLASSIFIEDS immediately of any unauthorised use of his/her account, and of any breach of the confidentiality and security of his/her identification means, by completing the contact form available on the Site when you Help.
Should FIGARO CLASSIFIEDS have legitimate reasons to believe that the Service’s security has been violated or that the Service is being used improperly due to an unauthorised use of the Member's identification means, it may temporarily suspend the account, in order, among other points, to preserve the integrity of the Site and data, and, should it seem appropriate, require the modification of said identification means. Should the Member wish to modify 3 his/her identification means, he/she need only to access the Site and modify his/her parameters under the “Preferences” section of his/her profile.
Should a third party have acquired his/her identification means through the Member’s error, the said Member shall bear sole liability for any use of these identification means and the use made of the Service as a consequence thereof. Under no circumstance shall FIGARO CLASSIFIEDS be held liable for any loss or damage resulting from a Member’s failure to comply with his/her obligations, as stated in this Article.
FIGARO CLASSIFIEDS reserves the right to deactivate the account of a Member after a period of total inactivity of said account equal to or greater than six (6) monthsyears. However, the Member may reactivate his/her account within thirty (30) days of said suspension.
However, the deactivation of a Member’s account may not occur as long as one or more Subscriptions remain in effect, subject to the stipulations of Article 6.2.2 hereunder.
In the event of a Member’s death, and upon production of the applicable support documents, the account will be deactivated. Its contents shall only be forwarded to the Member’s beneficiaries following a court ruling.
1.4. Introducing new members to Viadeo
Should a Member wish to invite and introduce a person so that the latter may use the Service, he/she shall provide FIGARO CLASSIFIEDS with the full name (last and first) and electronic address of said person. He/she shall previously have obtained this person’s consent to the communication of his/her personal data to FIGARO CLASSIFIEDS and to the use of said data by the latter in the invitation and introduction process of Viadeo. FIGARO CLASSIFIEDS does not store such data if said person does not register with the Site.
Article 2. Use of viadeo.com
Subject to compliance with the registration conditions set forth in Article 1 and the minimum required technical configuration set forth in Article 8, Members may use the Site’s free functionalities.
Members may also take one or more of the Subscriptions offered by FIGARO CLASSIFIEDS.
The price of the Subscriptions may be consulted on line on the Site, within the Subscription Page pertaining to each Subscription, as well as upon request to FIGARO CLASSIFIEDS, sent to VIADEO.COM/FIGARO CLASSIFIEDS, 14 Boulevard Haussmann, 75009 Paris.
Functionalities offered as part of the various Subscriptions, as well as prices, are mentioned in each Subscription form. Generally, Members shall refrain, when using the Site, from committing acts of whatever nature, such as the issue, publication, uploading or distribution of data and/or contents which are against the law, undermine the public order, or violate the rights of FIGARO CLASSIFIEDS or of third parties.
Specifically, when using the Site, Members shall abide by the Site’s rules, which include but are not limited to the following:
- Communicating exact information upon their registration and when using the Site;
- Not using false identities intended to deceive others;
- Abiding by applicable laws and respecting the rights of others, and complying with these contractual stipulations;
- Using the Site in a legitimate manner, exclusively in accordance with its professional purpose, and in accordance with the applicable legal and regulatory provisions and with current practices;
- Respecting the intellectual property rights pertaining to the contents provided by FIGARO CLASSIFIEDS and by other Members, as well as the property intellectual rights of third parties; therefore, each Member shall refrain from reproducing and/or communicating to the general public, through the Site, one or more contents without the authorization of the holders of the rights to said pertaining contents, when such authorization is required;
- Not diverting or attempting to divert any of the Site’s functionalities from its normal use, as defined herein;
- Not overloading the Service in any manner whatsoever. Specifically, Members shall refrain from downloading more than 2,000 pages (or 2,000 “GET”) from the viadeo.com site in a single day without FIGARO CLASSIFIEDS’s prior written authorisation;
- Not using a robot software or any equivalent automated process or tool when browsing the Site or using the Service;
- Committing to communicate to FIGARO CLASSIFIEDS and to other Members only information the distribution of which, in their opinion, shall under no circumstance harm themselves, other Members, FIGARO CLASSIFIEDS, or third parties;
- Refraining from distributing information or contents which do not conform to reality;
- Not distributing data, information or contents of a slanderous, insulting, obscene, offending, violent character or violence-inciting nature, or of a political, racist or xenophobic nature, and generally, any contents which might be contrary to applicable laws and regulations or to public decency;
- Not distributing data, information or contents intended to reduce, disorganise or hinder the normal use of the Site, or to interrupt and/or slow down the normal flow of communications between Members;
- Not using the Service for mass-mailings of unsolicited messages (advertising or other);
- Not collecting information regarding third parties, including electronic addresses, to be used to send commercial or equivalent solicitations, or to be integrated within a referencing or equivalent service, whether free or against payment, or to be used in the conduct of a competition watch;
- Not using the Service, whether directly or indirectly, to implement practices assimilated to “pyramid” sales or services, or any other similar process, particularly those consisting in offering goods to the public and enticing them to expect to receive these free of charge or in exchange of remuneration which is lower than their real value, and conditioning the goods’ obtainment to the selling of tickets or other such instruments to third parties or to the gathering of subscription or registration of new purchasers;
- Not offering to a third party to gather memberships or to subscribe to a list by demanding from said person the remittance of any remuneration and by enticing her to expect financial gains resulting from an increase in the number of people recruited or registered rather than from the sale, provision or consumption of goods or services;
- Refraining from participating, whether directly or indirectly, in setting up or developing a network seeking to implement practices assimilated to network sales (Multi-Level Marketing - MLM), the recruitment of members, affiliated members or Independent Home Salespersons (VDI), to constitute such a network or other similar practices.
- To not directly or indirectly promote one of Viadeo's competitors or a service offering hiring solutions.
- To not post or publish continuing education or training offers and/or job offers in groups.
In case of a Member’s breach of one or more of these rules, FIGARO CLASSIFIEDS reserves the right to suspend and/or terminate the Contract unilaterally, to block said the account(s) of the Member(s) involved, to delete the litigious messages automatically, to prevent the publication of all or part of the profile of the Member(s), and/or to block his/her/their access to all or part of the Service, whether temporarily or definitively, without compensation, as set forth in Article 6 hereunder.
Members may report any behaviour or content on the Site, which is evidently contrary to the aforementioned rules, describing it and its location on the Site, as specifically as possible, by completing the contact form available on the Site when you click Help. Members are hereby informed, however, that any abusive description may itself be punished in accordance with the applicable regulation.
Article 3. Communication and sharing spaces
3.1.- General points
FIGARO CLASSIFIEDS offer, on the Site, spaces for communication and sharing, classified under various sections, which are likely to evolve with the Site.
However, should FIGARO CLASSIFIEDS be duly informed that obviously illicit contents were distributed on the Site, It may be forced to delete such contents without prior notification to the Member who provided said contents.
3.2.- Rate your company
FIGARO CLASSIFIEDS allows Members to rate companies on Viadeo that they have worked for or with. Members can only review companies that are included as part of their career history on their Viadeo profile.
By default, ratings are published anonymously on Company Pages. However, Members may choose to disclose their identity and link their reviews to their Viadeo profile.
The Member undertakes to fully comply with the Community Respect Policy and also, including but without limitation, to:
- only rate companies for/with which they have worked,
- provide honest ratings,
- not directly mention any individual or divulge information allowing others to identify any individual,
- write constructive, polite reviews,
- not write defamatory reviews or reviews containing aggressive remarks towards any natural or legal person,
- not infringe on any laws or regulations in force or the rights of third parties,
- not violate any contractual obligations such as confidentiality clauses,
- not share misleading information with the aim of harming a company or tarnishing their reputation,
- not share false or confidential information,
- not share advertisements,
- not include links to third-party sites, postal or email addresses, or telephone numbers in reviews.
Members are encouraged to report any inappropriate reviews by clicking the flag icon beside the publication. FIGARO CLASSIFIEDS will assess the review in question and will decide at its sole discretion whether or not to delete it.
Even if a Company Page is deleted, the page administrator and/or the company cannot delete content of which they are not the author and/or owner. In particular, this applies to reviews published by Members using the "Rate Your Company" feature.
Article 4. Confidentiality and personal data
Personal data collected from Members are data that allow identifying him as an individual, in a direct or indirect way.
The Registration Form allows web users who want to do so, to register on the website in order to benefit from the service, by communicating to FIGARO CLASSIFIEDS some personal data as their first name, last name and email address.
It is also possible for the web users that they pre-fill-in the registration form in an automatic way by using their Facebook or Google+ account. In this case, FIGARO CLASSIFIEDS will have access to some of the data available on those professional networks including their first name, last name, email address, phone number, address book, date of birth, profile picture.
The mandatory or facultative purpose of communicating the requested data information is mentioned in the Form at each information collect area. In the case when the information is mandatory, the registration will be cancelled if the information is not fulfilled.
After registering on Viadeo, the member is invited to complete his profile for it is the purpose of the service. In this context, the member can be lead to communicating other data, personal or not, such as their phone number, professional pathway, experiences, trainings, hobbies or professional abilities.
FIGARO CLASSIFIEDS shows a great attention about protection and confidentiality of the personal data given by the Members and sets the necessary technical arrangements that guarantees their security. Thereby, FIGARO CLASSIFIEDS watches for these personal data collected via the Website not to be lost, diverted, consulted, changed, or disclosed by non-authorised third parties.
FIGARO CLASSIFIEDS also collects legally and loyally the personal data from Members in the scope of the Site usage and service providing. Therefore they can be used by FIGARO CLASSIFIEDS for this purpose.
Thereby, the Member is informed that his personal data might be used by FIGARO CLASSIFIEDS especially: In order to suggest him new contacts based on those data he has given. In order for him to be contacted by recruiters, or project holders in the scope of Viadeo Freelance. In order to display him with targeted ads that are corresponding with his hobbies. Or in order to send him newsletters about his network. All of this made in the respect of the confidentiality rules established by the Member.
FIGARO CLASSIFIEDS does not communicate the personal data of Members to third parties, except for the data found on each Member's public profile, in accordance with the Member's determined parameterization and to the purpose of the Site and Service, and of those cases where the communication of such data is required by applicable laws, particularly at the request of the legal authorities.
Personal data communicated by the Member are stocked by FIGARO CLASSIFIEDS on their servers located in the United States, on purpose for their treatment in the usage of the Service.
FIGARO CLASSIFIEDS has chosen the mechanism of contractual clause foretype adopted by the European Commission in order to officer the personal data transfer out of the European Union. They goal for European citizens is to guarantee a sufficient level of confidentiality and security as far as their personal data is concerned.
The Member has the right to access, change, or to delete his own personal information treated via the Site, as well as the right to say he is opposed to the communication of this data to a third party if he has fair grounds.
In accordance with Article 40-1 of the Law "Informatique et Liberté", the Member also has the right to define directives concerning the fate of his personal data after his death.
The Member can exercise these rights by writing to the following email address email@example.com or to the mailing address : Viadeo.com / FIGARO CLASSIFIEDS, 14 Boulevard Haussmann, 75009 Paris.
However this access can be refused to him according to cases provided for by law.
The personal data communicated by the member are destroyed six (6) years after their last date of connection on the Site or at the end of the contract.
Members are informed that some data might be kept after their account has been cancelled in accordance with the legal obligations FIGARO CLASSIFIEDS has.
Article 5. Intellectual Property
FIGARO CLASSIFIEDS owns the Site, both its technical components and its graphic, textual or other components, subject to the sole reservation of those contents provided by the Members themselves and of third-party advertisement. More specifically, both the Site and the Service are provided through software and databases designed and developed by FIGARO CLASSIFIEDS, which belong to it, or over which it holds intellectual property rights.
The contents placed on line at the Site by FIGARO CLASSIFIEDS also belong to FIGARO CLASSIFIEDS, subject to the aforementioned reservations. FIGARO CLASSIFIEDS is therefore the sole holder of all intellectual property rights pertaining to the Service, the Site, its contents and the software and databases which ensure its operation, and use of the Site or Service does not grant any Member any right over any of these elements, subject to the rights pertaining to the contents provided by the Members themselves and to the advertisement provided by third parties (Cf. Article 5.2 hereunder).
5.1. User’s license of the Site and Service
Any other exploitation or use of the Site, the Service, their contents and, particularly, of the data they contain is excluded from the scope of this License and may only be made after obtainment of FIGARO CLASSIFIEDS's prior and written authorization.
More specifically, any extraction or reuse, beyond the normal use of the Site, of the data contained on the Site and/or the Service is strictly forbidden to Members, and subject to FIGARO CLASSIFIEDS's prior, written authorization.
5.2. User’s license regarding contents placed on line by Members
To permit the provision of the Service and in accordance with the purpose of the Site, Members grant FIGARO CLASSIFIEDS a non-exclusive license to use the contents and data they include and/or place on line through the Site.
The Member guarantees FIGARO CLASSIFIEDS that such data, information or contents comply with the law and do not violate the rights of others.
FIGARO CLASSIFIEDS acquires no property right over the data, information and/or contents provided by Members.
By publishing his/her data, information and/or contents on the Site, each Member agrees to their display and availability to the other Members as well as to third parties over said Site, in accordance with the personal parameters registered by each Member in the “Preferences” section of his/her profile and his/her account. Therefore, each Member allows other Members to consult his/her personal data thus made available through his/her profile and to use them to contact him/her. He/she explicitly accepts this use of his/her profile, which goes to the very essence of the Site and Service.
Solely for the ends of providing the Service, Members allow FIGARO CLASSIFIEDS to reproduce, represent, adapt and translate the contents and data provided by them over the Site, under the conditions defined hereunder:
FIGARO CLASSIFIEDS is allowed to reproduce all or part of the contents provided by Members on any digital registration support, current or future, and specifically including, but not limited to, on any server, hard drive, whether removable or not, memory card, or any other equivalent support, in any format and using any process, whether currently known and unknown, so far as proves necessary for all storage, back-up, transmission or downloading operation entailed in the Site’s operation and the provision of the Service.
FIGARO CLASSIFIEDS is allowed to adapt and translate Members’ contents, as well as to reproduce these adaptations on any digital support, current or future, stipulated above, in order to provide the Service, particularly in different languages. This right includes the ability, subject to the respect of the Member’s moral right, to modify the formatting of his/her contents to bring them in line with the Site’s graphic charter and/or make it compatible with its technical performances or applicable formats, in view of their insertion and/or publication on the Site.
The purpose of this authorisation is to allow FIGARO CLASSIFIEDS to distribute Members’ contents and data over digital networks and through any communication protocol, and particularly over the Internet, as well as to make them available to the public, in such a way that any person may access them from the location and at the time of his/her own choosing, through the Site, in accordance with the parameterization defined by each Member.
This license is granted for the entire world and for the duration of the Contract binding the Member to FIGARO CLASSIFIEDS.
Should a manifest violation of intellectual property rights be committed on the Site, the person interested in protecting his/her rights is invited to notify FIGARO CLASSIFIEDS of such a violation, as specifically as possible, by completing the contact form available on the Site when you click Help.
Article 6. Term and Termination
Each Member may also subscribe to one or more paying Subscriptions offered by FIGARO CLASSIFIEDS and mentioned on the Site, known as “PREMIUM” Subscriptions, for the term corresponding to each Subscription fixed in the corresponding Subscription Page, starting from his/her acceptance of the Special Terms of Sale of the chosen subscription, subject to any special stipulation contained in the aforementioned Conditions.
6.2. Termination of the FIGARO CLASSIFIEDS contract
Furthermore, it is reiterated that, in the event of a manifest violation of the applicable regulation or obligations by the Member, particularly those stipulated in Article 2 hereof, consisting, among others, in the use of the Site for spamming or MLM purposes, in the use of a Subscription for recruitment purposes, or for the distribution of a message, data or information contrary to public order or likely to undermine the rights of a third party (slander, insults, breach of intellectual property rights, denigration, etc.), of any kind whatsoever, FIGARO CLASSIFIEDS may suspend access to the contents in question and/or delete the account of the Member and terminate the Contract, without prior notification.
The Member may terminate the Contract at any time, by accessing the Site and following the procedure defined for this purpose, subject to the specific stipulations which may appear in the Special Terms of Sale of the Subscriptions.
6.2.1. Member deleting account from the Site
Members may delete their accounts from the Site at any time by following the procedure set forth for this purpose and described hereunder:
- Log on to the Site;
- Pass your mouse above your profile picture on the top right and click on the “Your Account” section;
- Click "Delete your account" on the right hand side of the page;
- Confirm your password and give the reason for the deletion;
- Click on the button “Delete your account”
Within forty-eight hours following this unregistering, which entails the termination of the Contract, the Member’s profile will be erased and he will no longer be granted access to the Site or Service.
To be noticed, around fifteen (15) days are to be counted, after the account was deleted, for the Member’s profile to disappear from search engines.
6.2.2. Cancelling Subscriptions
At the end of the initial term of a PREMIUM Subscription, the Subscription will be automatically renewed for the term fixed by the initial PREMIUM Subscription, apart from an agreement to the contrary by the Subscriber expressed via the system provided for this under the Dashboard of the "Subscription & billing" section on the Site.
Members may terminate at any time the PREMIUM Subscription(s) to which they have subscribed by following the unsubscribing procedure described in Article 3 of the Special Terms of Sale for Subscriptions.
Article 7. Member's liability
7.1.- Responsabilité du Membre
The Member shall bear all costs related to the hardware and software needed to access the Site and use the Service. It is the Member’s responsibility to take all suitable precautions to protect his/her own data, computer systems and/or software from any contamination by possible viruses.
The Member bears sole liability for the use of the information, messages or data of any kind available through the Service, and under no circumstance may any party other than the Member be held liable for any decision made or action taken by the Member on the basis of this information. Specifically, the Member shall bear sole liability for his/her decision to subscribe to any of the Subscriptions offered by FIGARO CLASSIFIEDS.
The Member shall bear sole liability for the use made of the Service and the Site, and, more generally, for any use or operation made from his/her account and profile.
The Member is responsible for all data and information concerning him/her which he/she has made available on line and for all contents provided by him/her, whether such data or contents are accessible and/or distributed to the public through one of the Site’s communication or exchange spaces or sent to any person by e-mail, or whether they are stored on his/its personal space within the Site.
The Member recognizes that FIGARO CLASSIFIEDS exercises no preliminary check of said contents and data and that it is under no general obligation to monitor the data and contents stored by Members and distributed over the Site.
The Member shall bear sole liability, with respect to FIGARO CLASSIFIEDS and, if applicable, to any third party, for any damages, whether direct or indirect, of any kind whatsoever, caused by any information or any other element of contents communicated, transmitted or distributed by the Member while using the Service, as well as by any breach of this Contract on his/her part.
The Member accepts to submit to any measure implemented by FIGARO CLASSIFIEDS in application of applicable laws.
7.2. FIGARO CLASSIFIEDS’s liability
FIGARO CLASSIFIEDS DOES NOT VERIFY THE VERACITY OF THE INFORMATION PROVIDED BY MEMBERS AND REJECTS ANY LIABILITY RELATED TO THE INACCURACY, UNSUITABILITY OR ILLICITNESS OF SAID INFORMATION.
UNDER NO CIRCUMSTANCE SHALL FIGARO CLASSIFIEDS BE HELD LIABLE FOR THE DATA, INFORMATION AND/OR CONTENTS PROVIDED BY A MEMBER, WHETHER OR NOT THIS IS ACCESSIBLE TO THE PUBLIC, FOR THE LACK OF VERACITY OF SAID DATA, INFORMATION OR CONTENTS, FOR THE ERRORS OR OMISSIONS THEY MIGHT INCLUDE, OR FOR ANY DAMAGE RESULTING FROM THE USE OF ANY CONTENTS PROVIDED BY A MEMBER, DISPLAYED OR TRANSMITTED BY E-MAIL OR BY ANY MANNERS, THROUGH THE SITE.
FIGARO CLASSIFIEDS HAS NO GENERAL OBLIGATION TO MONITOR THE DATA AND CONTENTS PROVIDED BY MEMBERS, NOR ANY OBLIGATION TO DELETE CONTENTS WHICH MIGHT NOT APPEAR TO BE EVIDENTLY ILLICIT, REGARDLESS OF WHETHER OR NOT IT WAS NOTIFIED OF SAID CONTENTS.
UNDER NO CIRCUMSTANCES SHALL FIGARO CLASSIFIEDS BE HELD LIABLE FOR ANY CONSEQUENCE THAT MIGHT OCCUR IN THE COURSE OR UPON THE COMPLETION OF ANY MEETINGS HELD OR CONTACT MADE BETWEEN SEVERAL MEMBERS OR NON-MEMBERS AS A RESULT OF THE USE OF THE SITE AND SERVICE.
DUE TO THE SPECIAL NATURE OF THE INTERNET, ACCESS TO THE SITE MAY BE INTERRUPTED OR RESTRICTED AT ANY TIME DUE TO A REASON BEYOND FIGARO CLASSIFIEDS’S CONTROL; IN SUCH CASES, FIGARO CLASSIFIEDS MAY NOT BE HELD LIABLE.
NOR MAY FIGARO CLASSIFIEDS BE HELD LIABLE SHOULD ACCESS TO THE SITE BE INTERRUPTED DUE TO MAINTENANCE OPERATIONS, UPDATES OR TECHNICAL IMPROVEMENTS, OR DUE TO OPERATIONS INTENDED TO UPGRADE THE SITE’S CONTENTS AND/OR PRESENTATION, AS SUCH INTERRUPTIONS WILL BE NOTIFIED AND WILL NOT EXCEED COMMON RELEVANT PRACTICES. FURTHERMORE, FIGARO CLASSIFIEDS MAY INTERRUPT THE ACCESS TO THE SITE AND SERVICE, WHETHER TEMPORARILY OR DEFINITELY, PARTICULARLY IN CASE OF ITS TERMINATION OF THE ACTIVITY IN QUESTION, OR IN THE EVENT OF ANY COURT-ORDERED OR AMICABLE LIQUIDATION OF THE COMPANY; IN THESE LAST CASES, THIS CONTRACT SHALL BE TERMINATED IPSO FACTO.
FIGARO CLASSIFIEDS RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO MODIFY ANY INFORMATION APPEARING ON THE SITE AS PART OF ITS UPDATE OR WHILE CORRECTING ERRORS OR INACCURACIES.
FIGARO CLASSIFIEDS IS NOT RESPONSIBLE FOR THE CONTENTS OF THIRD-PARTY INTERNET SITES TO WHICH HYPERTEXT LINKS FOUND ON THE SITE MAY REDIRECT.
TO THE EXTENT ALLOWED BY APPLICABLE LAWS, AND TO THE EXTENT THAT FIGARO CLASSIFIEDS MAY BE DEEMED LIABLE FOR ANY DAMAGE NOT LISTED ABOVE, FIGARO CLASSIFIEDS’S LIABILITY SHALL BE LIMITED TO SPECIFIC, ACTUAL AND DEFINED DAMAGES.
TO THE EXTENT ALLOWED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCE SHALL FIGARO CLASSIFIEDS OR ITS AFFILIATED COMPANIES, LICENSORS OR PARTNERS, BE HELD LIABLE FOR ANY INDIRECT DAMAGES, UNREALISED EARNINGS OR DAMAGES RESULTING FROM THE LOSS OF DATA, OR FOR ANY OPERATION LOSS RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SITE, THE SERVICE OR THE CONTENTS, WHETHER ON THE BASIS OF A GUARANTEE, A CONTRACT, A CIVIL OFFENSE, OR UNDER ANY OTHER LEGAL THEORY, WHETHER FIGARO CLASSIFIEDS BE INFORMED OR NOT OF SUCH DAMAGES.
Article 8. Minimum Required Technical Configuration
The Member acknowledges having the expertise and means required to access the Site and use it. Access to the Site and its use require the following minimum configuration:
- The Site is optimized for a screen resolution of 1024 X 768 pixels;
- For the following browsers: Internet Explorer 7 and higher, Firefox 3 and higher, and Safari 4 and higher;
- An Internet connection.
To this end, the Member acknowledges having verified that the computer configuration available to him/her is adequate, contains no virus, and is in proper operating conditions.
The Member shall bear the entire cost of the equipment (computer, cell phone, software, telecommunications means, etc.) allowing access the Site and Service, as well as all telecommunication expenses incurred by their use.
Article 9. Agreement on evidence
The Member and FIGARO CLASSIFIEDS unanimously agree that FIGARO CLASSIFIEDS’s computer systems and files shall be self-evidencing between them
Consequently, the computer files and records stored within the computer systems operated by FIGARO CLASSIFIEDS or on its behalf under reasonable security and reliability conditions may be used validly and produced as evidence of the execution of the Contract, and more generally of any event, communication or relation between both Parties in relation to the Member’s use of the Site.
Therefore, FIGARO CLASSIFIEDS may validly produce, as part of any proceeding, as evidence of any act, fact or omission, the data, files, programs, registrations or other elements, received, issued or stored using the aforementioned computer systems, on any digital or analogical supports, and rely thereon, except for evident errors.
Article 11 - Assignment of Contract
The Member expressly and in advance agrees that FIGARO CLASSIFIEDS may assign, transfer or bring in any form (including through the transfer of assets) all or any of its rights and obligations under this Contract to any entity liable to Provide the Member with an equivalent Service.
In such a case, the assignee will be substituted for FIGARO CLASSIFIEDS and the latter will be released from all obligations towards the User as of the date of the assignment.
The Member expressly acknowledges that the transferee will become its contracting party as of that date.
Article 12. Applicable Law - Assignment of Jurisdiction
The conclusion, interpretation, and the validity of the present General Terms of Sale and of the Contract are governed by the French Laws. In the event of any discrepancy in their interpretation, the french version shall prevail over any other version in any other language. Subject to applicable public-order provisions regarding the assignment of jurisdictions, the courts corresponding to FIGARO CLASSIFIEDS ’s head offices shall have sole jurisdiction regarding any litigation related to this present Contract, including but not limited to any litigation regarding its validity, interpretation, execution and/or termination, and the consequences thereof.
Last update: 12th of january 2017