June 8, 2016 version
PEETCH, stock company with a capital of € 27,500, registered with the RCS Tours under number 818 422 198, whose registered office is 108 Avenue de Grammont – 37000 Tours (hereinafter referred to as the “Operator” ) operates an application called “PEETCH” (hereinafter referred to as the “Application”) to create stories by several contributors on various subjects (hereinafter referred to as “the Service”), to schools. The Service is provided free of charge to the application users. The Application is a web application accessed via a link such as a website.
Access to Application implies irrevocable acceptance of these terms, including any User acknowledges. The Operator reserves the right to modify at any time and in its sole discretion, these terms and conditions. General conditions in force are those which are present on the application when the user accepted them electronically.
The Operator shall provide a copy of these terms and conditions downloadable durable medium on the application at the time of acceptance of the general conditions that any User agrees. Users also agree to receive all information concerning the execution of these general conditions by email. The User acknowledges that the acceptance of terms and conditions is made online on the Application and requires no handwritten signature.
This agreement describes the service conditions of use.
The term “User”: any natural person acting in a professional setting, connecting to the application during school or after-school time to allow contributors to create stories. “Contributor” means any natural person cooperating in the creation of history through the Application, including teachers or students.
3. Entry into force / Duration
The present general conditions come into force upon acceptance of the Application by the User, and remain in force until termination of rights and obligations for one or other of the parties.
4. Respect the general conditions by the contributors
The User ensures compliance by the Contributors of these terms. The User shall be liable for any damage caused by Contributor due to the use of the Application.
5. Prerequisites for using the product
Users are informed that the use of the Service requires: – to have an internet connection (3G / 4G / WiFi); – Create a user account. Otherwise, the User may not use the Service. Furthermore, The User is informed that some updates are needed to continue using the service. The User therefore undertakes to operate the updates requested by the Operator.
6. Description and use of the service before the creation
The application offers the user a tool to facilitate the creation of stories by several contributors. To create a story, the User will necessarily accept these terms. To begin creating a story, the User must register by completing the form on the Application. The User must use a username and password to log in to their account. The User agrees to protect and keep secret his user name and password. The User agrees not to disclose their username and password to anyone. The User shall immediately inform the Operator for any loss or theft of the password. The User is informed that any operation performed using their username and password will be deemed to have occurred under his sole responsibility. The User warrants to the Operator the veracity of the information provided during the creation of his account. The User agrees to update the email address concerning him, that this address is still valid. The User is informed that it continues to cover all telecommunications costs enabling it to access the internet. The user records the different history of Contributors. Each of Contributors will accordingly hold a personalized access to the created stories. The user determines the field of view of history created by restricting access if necessary. The user selects options such as the length, style and title of the story. The user gives instructions to contributors for writing history. Users may also be Contributor itself. The User is informed by notification of the creation of a story by one or more Contributor (s). As a content provider, the User guarantees the content of the stories created, so that it does not contravene the provisions hereof. The user must validate the story for it to be recorded in its final version.
7.1 stories of Creation Rules
It is strictly forbidden to create and record stories of illegal or violate the rights of others. Otherwise, the User guilty will have their account immediately closed by the Operator, and the Operator in reference to the school will take appropriate action, and notify the appropriate competent authorities. It is especially forbidden to create and save a history with homophobic content, inciting hatred and violence, sexist, abusive, derogatory, defamatory, advocating crimes against humanity, inciting hatred racial as well as pornography. The User shall not create or record a story taking over all or part of a work by a third, which would constitute an act of infringement. The User ensures compliance by the Contributors of the provisions of this Article. As a content provider, the User assumes all liability stories and content they publish on the Application. Therefore, the User guarantees the Operator and will be personally responsible for any actions or claims by any third party alleging a violation of any law which would have brought User reached or a Contributor.
The Operator has the host status under the Act 2004-575 for confidence in the digital economy of 21 June 2004 and is not editor of the content posted on the application, including stories. Any User is invited to promptly inform the Operator of any activity or illicit history he would know about the application, so that the operator takes the necessary measures to: – promptly remove illegal history or on behalf of the person posted illegal content – and inform the school so that it takes adequate measures.
9. Intellectual Property
The application and its contents, including trademarks, logos, images, drawings, models, texts, photographs, graphic charts, databases are proprietary, full, the Operator or any third parties to which they belong. Any reproduction, distribution, operations, marketing, use of any of the items on the Application, or all or part of the application and its contents is strictly prohibited. The User prohibits any act of infringement, unfair or abusive competition with respect to the Operator, and forbidden to defame or disparage the Operator.
9.2 The stories created
The User and are not owner Contributor stories created with the Application. Once the story validated and registered in the final version of the Application, the Contributor and the User have no right to change the history created. The Contributor and the user will only have the right to view the recorded stories which they have contributed for a limited time, or for which access was granted by the Operator during the period granted them, within the family circle, or within the school.
10. Personal data
The User and the Contributor are informed that the personal data they have provided on the application, subject to processing by the Operator to user accounts for management purposes or monitoring the relationship users, for the purpose of mentioning the name of Contributors stories created and develop statistics. This treatment has been declared to the Commission Nationale Informatique et Libertés (CNIL). The data recipients are the Operator, the school and the parents. The Operator reserves the right to send the User a newsletter or offers related services offered on the Application electronically sent to the address provided by the User Application. If the user wishes to stop receiving newsletters or offers, it may at any time oppose it by clicking on an electronic link provided for this purpose in the email sending the newsletter or offer. According to the Law “and Freedoms” of January 6, 1978, the User and the Contributor have a right to access, rectify or delete data concerning him, he can exercise at any time by sending a mail to the following address: firstname.lastname@example.org
11. Suspension or deleting a user account
Any User who contravenes the provisions of these, including the rules of creation stories on the application, may have his account suspended temporarily or permanently deleted by the Operator depending on the seriousness of the breach.
12. Force majeure
The obligations of the Operator will be suspended in case of force majeure without the user can engage the responsibility of the Operator. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of courts and tribunals French: total or partial strikes, internal or external to the company, including postal services, lockout , bad weather, epidemics, earthquake, fire, storm, flood, water damage, blockage or malfunction of telecommunications, blockage or malfunction of the internet, governmental or legal restrictions, legal or regulatory changes forms of marketing, and other independent event of the express will of the parties preventing normal execution of this contract.
13. Limitations of the Internet
The User acknowledges having knowledge of the characteristics and limitations of the Internet, for viruses, and possible misuse of User’s data or Contributors due to piracy, which the Operator can not to be responsible. It is the same in case of difficulties of access to the Application or malfunctions in the application, particularly related to piracy. The Operator reserves the right to interrupt the services as part of maintenance, and can not be held liable in this regard.
14. Amendment of the Application and content
The Operator reserves the right to modify or delete at any time all or part of the Application and / or Service, without that qualifies for compensation in favor of the User.
15. Agreement of proof
The User acknowledges and agrees that the information in the computer systems of the Operator have the same probative value as paper documents, as regards the acceptance of these terms and conditions. Archiving of electronic documents is made on a reliable and durable can be produced as evidence.
16. Independence of the General Conditions
If any provision of these terms were to be declared void or unenforceable due to a court decision or the application of a law or regulation, the remaining provisions of these terms remain in force.
17. Applicable law
These general conditions are subject exclusively to French law. ANY DISPUTE OR DISPUTE RELATING TO THESE TERMS OR ITS PERFORMANCE WILL BE SUBJECT TO THE JURISDICTION OF TOURS, NOTWITHSTANDING pluralities DEFENDANTS AND CALL WARRANTIES INCLUDING FOR EMERGENCY PROCEDURES AND PROTECTIVE PROCEEDINGS, INTERIM OR REQUEST. If the dispute concerns an individual, it is advised of the possibility of recourse in disputed cases, a conventional mediation or other Alternative Dispute Resolution for the court settlement or exercise an appeal court.