These General Terms & Conditions of Use (hereinafter “Gen. Ts & Cs of Use”) have been drawn up in order to set for users the terms and conditions that govern the use of, and the behaviour that should be adopted on, this website (hereinafter referred to as the “website”), in particular concerning customer feedback. By registering as a user and by using the “website”, Users undertake to comply with the rules set forth hereinafter. Emtec reserves the right to amend the Gen. Ts & Cs of Use so as to comply with applicable legislation. In the event that amendments are made to these Gen. Ts & Cs of Use, the new provisions shall be notified to users of the “website”. Use of the service by a user after the date on which the new Gen. Ts & Cs of Use take effect shall be deemed to be equivalent to such a user agreeing to all of the amendments.
Emtec reserves the right to suspend or to bring to an end, at any time, use of the “website” by a user in the event of a breach thereby of these Gen. Ts & Cs of Use under the circumstances described hereinafter.
Ownership of the “website”
The “website” and also each of the items which composes it (excluding messages written by users) are protected by intellectual property rights. No reproduction of this “website”, even partial reproduction thereof, as set out in sub-article L. 122-5 of the French Intellectual Property Code, may be carried out without permission from the person responsible for publication. Furthermore, the marks reproduced by Emtec on the “website” are marks that have been registered or that are protected. Subject to the exceptions set out in law, this “website” and all of the items represented can under no circumstances be re-used, reproduced, copied or be employed in a modified form, in any way howsoever without the prior and express permission of Emtec. Users are reminded that failing such permission, Emtec shall be entitled to bring any and all legal proceedings in order to protect its rights. Emtec retains full ownership of the Content on the “website”, of the structure of the “website”, and likewise as regards the technologies it employs to operate the “website” (texts, downloadable documents, images and icons, lay-out, graphic charter, style sheet, databases, applications and scripts; please note this list is neither exhaustive nor limitative). The marks and the logos of partners, and likewise the trading names of third-party companies and of any other references pertaining thereto, remain the property of authors and companies which are not part of Emtec. The User guarantees Emtec that he or she is the holder or owner of any and all rights, in particular of intellectual property rights (copyright, copyright-related rights, rights to marks, patents, etc.) as regards the Content he or she posts on the “website”.
Registration and user accounts
Prior to making any and all contributions (i.e. posting messages) to the “website”, Users shall have to complete the registration procedure by choosing a user name and by completing the necessary user details. Users shall also be entitled to contribute to the “website” by logging in using their Facebook accounts.
User names must in no way, shape or form howsoever, harm the rights or reputation of a mark or of a person, harm the image or the privacy rights of any and all third-party physical persons or legal entities, Emtec included therein. In the event that a user uses the name of a well-known person, mark or product, the name of a website, or of any and all other names which run contrary to these Gen. Ts & Cs of Use, the person responsible for publication may change the user name in question. Registration on the “website” is free and participation is on a voluntary and unpaid basis. Each member must use his or her account for his or her own use only and must not disclose his or her password. Individuals aged less than 18 may only use the “website” with the consent of their parents or of a person with legal authority to consent thereto.
The customer feedback section is the forum of the “website”. They allow Users to share their experience in relation to their use of GEM Box’s games and to provide solutions for other users. In this respect, users are assumed to be physical persons acting in their own names and not acting within a commercial framework or on behalf of legal entities. Customer feedback can be viewed by all users and visitors to the “website”. Emtec reserves the right to amend, to suspend and to stop providing the Service at any time. It shall not be held liable for so doing. Emtec reserves the right to develop the Service, in particular by providing new features and/or by making changes to or by discontinuing certain features. In such cases Emtec undertakes to inform Users by any and all means as soon as possible. In the event that the customer feedback section is definitively discontinued, Users shall be notified thereof by any and all means.
Customer feedback and any and all other “user information” which can be viewed on the “website” merely constitute information which is provided to Users. It does not feature information that has been checked by Emtec, it may not be objective, and it does not include any advice that has been provided by Emtec. The information is made up of opinions which reflect the views and the experience of other users who ordered on the “website”, or by other means, and they solely constitute their opinions thereof. Consequently, users acknowledge that Emtec is in no way, shape or form liable in respect to any and all persons (i.e. users and third parties), opinions, pieces of advice, viewpoints and content as regard to “user information”, and this notably encompasses any and all biased, inaccurate, false, defamatory and injurious information, and likewise information which features omissions which could be viewed on this “website”.
Users behavior and Messages content
Users of the “website” must comply with these Gen. Ts & Cs of Use, and with all applicable laws and regulations. Users must treat other users with respect. In addition, the following types of message are not permitted:
- Racist, sexist and discriminatory messages and messages which cause harm to others;
- Defamatory, injurious, threatening, violent or shocking messages;
- Messages that incite people to commit illegal acts or that condone illegal acts;
- Messages that harm the privacy rights of other people, or that amount to identity theft;
- Messages that reproduce or circulate a work to which intellectual property rights are attached, and/or that contravene copyright law and/or image reproduction rights;
- Messages that have a commercial or advertising purpose or any and all other undesirable contact purposes (spam, repetitive messages, etc.).
Emtec asks users not to post any personal data (phone numbers, email addresses, etc.) in their messages and/or in their signatures. Users also undertake to not include in their contributions addresses or hyperlinks towards external websites which, in particular, violate applicable laws, regulations and agreements, which harm the rights of third parties or which are contrary to these Gen. Ts & Cs of Use. Messages that contravene these rules may be deleted by the person responsible for publication.
Any and all information other than contact details and personal details (i.e. information that is covered by our confidentiality policy), such as, notably, customer feedback which is posted, emails sent to and by our Customer Care Department, any and all files submitted and less specifically any and all user information shall be deemed non-confidential and free in respect of intellectual property rights. By sending such information, users acknowledge and guarantee that they hold any and all usage rights in respect of said content and that they authorise Emtec to store it. Users moreover agree that Emtec shall not be bound by any responsibilities or obligations as regards returning, deleting, checking and/or safekeeping in relation to said content (i.e. texts, images, photos, sounds). Emtec, further, shall be entitled to make any use thereof which seems appropriate thereto, such as making partial or full copies thereof, reproduction, distribution, incorporation for commercial or non-commercial purposes, and the above applies irrespective of the form thereof.
Users represent and guarantee that the user information submitted does not contravene one or more of the restrictions set out in the preceding clauses.
Deletion of feedback
Emtec reserves the option to immediately and without prior notice delete any and all feedback which does not comply with the policy referred to herein. Moreover, users acknowledge that Emtec is not bound to a moderation obligation as regards customer feedback and that users remain the sole parties respectively liable in relation to the legal and/or harmful consequences of the “user information” which they, as individuals, submit, and which can be viewed on the “website”, vis-Ã -vis third parties, who may be other users of the “website”. Feedback is deleted but is never amended.
Furthermore, customer feedback can be deleted because it was posted by individuals who had not placed orders, and/or because it relates to circumstances that are too vague and thus the feedback is not useful to other users.
Moderation and penalties in the event of non-compliance with the Gen. Ts & Cs of Use
The person responsible for publication monitors compliance with the Gen. Ts & Cs of Use. The purpose of the latter is to ensure that the customer feedback section of the “website” remains a forum where opinions can be expressed and one which can be used by everyone. Moderation is carried out on an ex post facto basis and the person responsible for publication reserves the right to delete messages which he or she deems to be contrary to the Gen. Ts & Cs of Use, on a discretionary basis and without the prior consent of the user. Non-compliance with the Gen. Ts & Cs of Use and/or with applicable laws and regulations may give rise to a warning or to temporary, to permanent suspension of a user’s ability to post messages to the customer feedback section, or to deletion of the user’s account without prior notice being provided. Decisions made by the person responsible for publication cannot be disputed. By posting messages to the customer feedback section of the “website”, users agree to moderation and to the measures that are taken by the person responsible for publication.
Liability for content published
The user is the sole party liable as regards the remarks he or she posts in the customer feedback section of the “website”. In the event that he or she contravenes applicable laws and/or regulations, the user may be liable for punishment in the civil courts and/or in the criminal courts. Emtec may not be held liable for the doings of users in relation customer feedback. In the event that Emtec is held liable for the acts of a user, Emtec may apply for the joinder of the latter to the case as a guarantor.
The user acknowledges, moreover, that he or she agrees, as regards any and all “user information” that he or she posts, to hold Emtec harmless against any and all losses, harm and/or accusations (and any and all costs which may arise therefrom) which may be the result of legal proceedings brought by any and all third parties which are grounded on or the legal basis of which is the “user information” which was submitted to us in violation of these clauses.
Deletion of messages and of accounts
Each user can require that all of part of his or her contributions (posts) be deleted by contacting the person responsible for publication. Users can also amend information relating to their accounts and delete their user accounts. Emtec reserves the right to definitively cancel access to the customer feedback section as regards any and all persons who do not comply with these Terms & Conditions. Any and all can cancellations at the initiative of Emtec shall be notified by email, sent to the email address provided by the user when he or she registered or when he or she last changed said email address in his or her profile.
Users are notified that if they register on the “website”, their first names, surnames and email addresses shall be stored by Emtec. Emtec shall be entitled to store this data in order to use it within the end objectives framework specified hereinafter, and Emtec shall further be entitled to verify their identification details by means of Facebook. The data collected by Emtec is used in regards to the administration of “website” registration accounts and, where applicable, for any and all direct marketing activities, irrespective of the medium employed, carried out by Emtec to inform its customers of its offers and services. In accordance with the Loi Informatique et Libertés (the French Data Protection Act) of 6 January 1978, as amended by the French Act of 6 August 2004, the user has a right of access and an additional right to information, a correction right and, where applicable, the right to object to his or her personal data being used. Moreover, his or her prior consent may be required as regards some direct marketing activities carried out by electronic means (i.e. by email). The user may exercise his or her rights by sending a letter, featuring his or her first name, surname and contact number and by enclosing therewith a copy of his or her identity documents, to the following address: Dexxon Groupe, Emtec, 79 Avenue Louis Roche, 92230 Gennevilliers, France.
The user acknowledges that he or she has been informed of and agrees to the fact that Emtec may co-operate, where applicable, and at the request thereof, within the applicable legal frameworks, in regards to any and all requests for information made by any and all government agency or court authorities which is entitled to be provided with information, which could seek to have disclosed the source and identity of the poster of “user information” which was submitted to Emtec and which contravenes a legal or regulatory obligation howsoever. The user further acknowledges that he or she has been informed of and agrees to the fact Emtec may not be held liable in any way, shape or form in the event of compliance with a disclosure entitlement held by a government agency or court authority.
These Gen. Ts & Cs of Use are governed by French Law. Any and all disputes pertaining to the interpretation of and the performance hereof must, in the first instance, and insofar as possible, be settled by means of amicable negotiations. In the event of a dispute, the Nanterre Commercial Court shall be the sole court competent to hear them.