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Terms and conditions of use

The present Agreements and generally, the relationships between the Parties are governed by the French law. In case of dispute, only French courts are competent.

 

1. 1. Your relationship to Raidlight - Vertical SAS

1.1 The use of this website RAIDLIGHT - VERTICAL SAS (the "Website") and all products, services and software, including RAIDLIGHT VERTICAL and video services that could be integrated thereto (the "Readers RAIDLIGHT" and "Readers VERTICAL ") and content sending tools RAIDLIGHT - VERTICAL (" the RAIDLIGHT content sending Tool "and" the Vertical content sending Tool ) VERTICAL-RAIDLIGHT provided by SAS via the Internet (collectively, for purposes hereof in known as the "Services"), subject to the provisions of a contract between you and RAIDLIGHT - VERTICAL SAS "RAIDLIGHT - VERTICAL" means a company whose registered office is located. the Bourg - Chemin de Perquelin, 38380 St Pierre de Chartreuse FRANCE

1.2 This legally binding contract between you and RAIDLIGHT - VERTICAL SAS comprises of (A) the general conditions set forth herein, (B) protection charter of Personal data RAIDLIGHT - VERTICAL and (C) the Community Rules of RAIDLIGHT - VERTICAL (SAS collectively the "Terms").

1.3 The Terms are binding between you and RAIDLIGHT - VERTICAL SAS for the use of the Services. It is important that you read them carefully.

1.4 The Terms apply to all users of the Website, including users who provide RAIDLIGHT – VERTICAL with video content, information and all materials or services.

2. Acceptance of Terms

2.1 To use the Services, you must first accept the Terms. If you do not agree, you cannot use the Services.

2.2 Your use of the Services will be deemed to be acceptance of these Terms. You acknowledge and agree that RAIDLIGHT - VERTICAL can consider your use of the Services as acceptance of the Terms, from that point onwards.

2.3 You may not use the Services or accept the Terms if (a) you are not of legal age to enter into a contract with RAIDLIGHT - VERTICAL, or (b) if the laws of your country of residence or of the country from which you access or use the Services prohibit you from receiving or using the Services or prohibit such receipt or use.

2.4 We advise you to print or save a copy of these Terms for your records.

3. Language of the Terms

3.1 If RAIDLIGHT - VERTICAL SAS provides you with a translation of the English version of these Terms and Conditions, it is available to you for convenience only and your relationship with RAIDLIGHT - VERTICAL SAS will be governed by the French language version of these Terms.

3.2 In case of discrepancy between the French and the translated text of the Terms, the French language version shall prevail.

4. Changes to Terms

4.1 RAIDLIGHT - VERTICAL SAS reserves the right to periodically change the Terms. If changed, a new copy of the Terms will be made available.

4.2 If you use the Services after the date of modification of the Terms, you acknowledge and agree that RAIDLIGHT - VERTICAL SAS considers such use as acceptance of these modified Terms.

4.3 We encourage you to periodically review these Terms to be notified of changes.

5. RAIDLIGHT – VERTICAL accounts

5.1 To access the features of the Website or other Services, you must create an account or a RAIDLIGHT VERTICAL account. When creating your account, you must provide complete and accurate information. Be sure to preserve the security and confidentiality of your password.

5.2 You must immediately notify RAIDLIGHT – VERTICAL of any breach of security or unauthorized use of your RAIDLIGHT VERTICAL account that is known to you.

5.3 You agree that you are solely responsible (to RAIDLIGHT - VERTICAL and any third party) for all activity from your RAIDLIGHT - VERTICAL SAS account.

6. General restrictions on use

6.1 RAIDLIGHT - VERTICAL hereby authorizes you to access and use the Website and the Services, subject to the following conditions. You acknowledge that the failure to comply with any one of them is, on your part, a breach of these conditions :

A.You agree not to distribute any part of the Website, including, without limitation, the Contributions (as defined below), in any medium, without the prior written permission of RAIDLIGHT - VERTICAL SAS;

B.You agree not to alter or modify any part of the Website or any of the Services (including, without limitation, the RAIDLIGHT- VERTICAL player and associated technologies);

C.You agree not to access the Contributions (as defined below) or other content available on the Website (including RAIDLIGHT Content or VERTICAL, as defined below) through a medium or technology other than the video playback pages of the Website itself, the RAIDLIGHT VERTICAL-player or any other means that RAIDLIGHT-VERTICAL may explicitly refer to in this regard;

D.you agree to not attempt to circumvent, disable or disrupt by any means any security-related features or functions of the website (i) prevent or restrict use or copying of the Contributions or Content of RAIDLIGHT- VERTICAL or imposing limitations on the use of the Website or the content accessible on the Website;

E.You agree to not use the Website or any of the Services (including RAIDLIGHT-VERTICAL SAS Drives) for commercial purposes without the prior written permission of RAIDLIGHT- VERTICAL. Prohibited commercial uses include, among others: i. the resale of access to the Website or any of the Services (such as RAIDLIGHT- VERTICAL player) to another website for the primary purpose of generating revenue through advertising or subscriptions; ii. redistribution of the Services (including the Contributions accessible via these Services) for the primary purpose of generating revenue through a substantially similar or comparable activity to RAIDLIGHT - VERTICAL SAS; but does not include loading an original video on RAIDLIGHT-VERTICAL, maintaining an original channel on the Website in order to promote a commercial or artistic activity nor any use expressly authorized in writing by RAIDLIGHT-VERTICAL SAS;

F.if you use the RAIDLIGHT-VERTICAL Player on your website, you must include a visible link back to the website on the pages containing the RAIDLIGHT-VERTICAL player and you cannot change the RAIDLIGHT-VERTICAL player any way is ;

G.if you use the Send Content Tool on RAIDLIGHT-VERTICAL, you agree to regularly download and install updates from RAIDLIGHT-VERTICAL. These updates are designed to improve, enrich and develop the RAIDLIGHT-VERTICAL Contents Sending Tool. This may include removing bugs, enrichment of new features, installation of new software modules and completely new versions. You agree that your use of the RAIDLIGHT-VERTICAL Content Sending Tool involves receiving and installing these updates.

H.You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline driver with access to the Website) sending more request messages to RAIDLIGHT-VERTICAL SAS servers for a period of given time that can reasonably be produced by a human in the same period by using a standard Internet browser (that is to say not modified) available to the public;

I.You agree to not collect or gather personal data on any user of the Website or any Service (and agree that this includes the names of RAIDLIGHT-VERTICAL accounts);

J.You agree not to use the Website and the Services (including the comments and email functions on the website) to solicit business or in connection with a commercial enterprise;

K.You agree to not solicit users of the website about their contributions for commercial purposes;

L.You agree not to access User Videos (as defined below) for any reason other than non-commercial use, as provided for and authorized by the normal functionality of the Services and solely for Streaming. "Streaming" means the simultaneous transmission of digital equipment by RAIDLIGHT-VERTICAL via the Internet, on a device with Internet access and managed by the user, so that the data is intended to be viewed in real time and not to be downloaded (either permanently or temporarily), copied, stored or redistributed by the user.

6.2 You agree to comply at all times while using the Services, to all the other provisions of the Terms and Rules of RAIDLIGHT-VERTICAL Communities.

6.3 RAIDLIGHT-VERTICAL grant public search engine operators permission to use spiders to copy materials from the site for the sole purpose of creating indexes of these materials accessible to the public, but not caches or archives of these materials. RAIDLIGHT-VERTICAL reserves the right to revoke these exceptions either generally or in specific cases.

6.4 RAIDLIGHT-VERTICAL is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of services offered by RAIDLIGHT-VERTICAL SAS may be amended from time to time without prior notice.

6.5 As part of this continuing innovation, you acknowledge and agree that RAIDLIGHT-VERTICAL SAS may stop (permanently or temporarily) to offer the Services (or any functional part of the Services) to users in general, at its sole discretion, without notice. You may stop using the Services at any time. You do not need to specifically inform RAIDLIGHT-VERTICAL when you stop using the Services.

6.6 You agree that you are solely responsible (and that RAIDLIGHT-VERTICAL have no liability to you or any third party) for any breach of your obligations under the Terms and the consequences of this failure (including loss and damages to RAIDLIGHT - VERTICAL).

7. Copyright protection policy

7.1 RAIDLIGHT-VERTICAL implements a clear policy on copyright protection for all contributions which would allegedly violate the copyright of third parties. For example; photography; you are responsible for your photos: respect of copyright and copyright: fraudulent use of a photo without the author's permission is liable to prosecution. This right or these rights apply to all creations although of course they do not relate solely to photography. In case of a legal dispute between an author finding a violation of their copyright and RAIDLIGHT-VERTICAL SAS, RAIDLIGHT-VERTICAL may transmit the coordinates of the fraudulent user for possible prosecution.

7.2 As part of the copyright protection policy RAIDLIGHT-VERTICAL will end the users access to the Website if that user is a repeat infringer. A repeat infringer is a user who has been notified more than twice of infringing activity.

8. Your Contributions

8.1 As the holder of a RAIDLIGHT – VERTICAL account, you may submit video content ("User Videos") and written content ("User Comments") (collectively "Submissions"). You acknowledge that RAIDLIGHT - VERTICAL does not guarantee the confidentiality of Contributions, or that they will be published or not.

8.2 You retain all intellectual property rights on your contributions, however you are required to grant limited rights to RAIDLIGHT - VERTICAL and other users of the Website. These rights are outlined in Article 10 of these Conditions (entitled "The rights that you grant").

8.3 You acknowledge and agree that you are solely responsible for your own Contributions and the consequences of posting or publication. RAIDLIGHT - VERTICAL does not endorse any contribution or opinion, recommendation, or advice expressed therein and RAIDLIGHT-VERTICAL expressly disclaims any liability with regard to these contributions.

8.4 You represent and warrant that you have (and continue to have during use of the Services) all the rights, licenses, consents and authorizations required to enable RAIDLIGHT-VERTICAL to use your contributions in order to offer its services and more generally in the terms proposed on the Website and these Terms.

9. Your Contributions

9.1 You agree that your conduct on the Website (and the contents of all your Contributions) comply with the Rules of RAIDLIGHT – VERTICAL communities such as regularly updating and all laws and local, national and international laws. You agree that your conduct on the Website (and the contents of all your Contributions) respect the Community Rules of RAIDLIGHT - VERTICAL SAS, available at the time, and as such regularly updated.

9.2 You agree not to upload or post Contributions containing content that you are not legally allowed to possess in your country of residence or that RAIDLIGHT - VERTICAL SAS could legally use or possess for offering services.

9.3 You agree not to upload or post Contributions on which third parties hold ownership rights (including the right to respect for privacy and right of publicity) unless you have obtained the rightful owners authorization or formal permission to post the material in question and to grant RAIDLIGHT - VERTICAL SAS the rights specified in Article 10.1 below.

9.4 RAIDLIGHT - VERTICAL SAS reserves the right (but without obligations) to decide whether the Contributions respect the content requirements specified in these Terms and delete any contribution that violates these Terms and / or end the access a user needs to up load such a contribution at any time, without notice and at its sole discretion.

9.5 You further acknowledge that, by the mere use of the Website and the Services, you may be exposed to inaccurate Contributions, offensive, indecent or objectionable material in any other way. You agree to waive, and hereby you expressly waive all rights and remedies you have or may have in law or equity, against RAIDLIGHT - VERTICAL given the Contributions.

10. The rights that you grant

10.1 When you load or view a contribution on RAIDLIGHT-VERTICAL, you grant:

A.RAIDLIGHT-VERTICAL to nonexclusive, transferable (including rights to sublicense), without payment and for the whole world to use, reproduce, distribute, perform and execute in Contributions the offer of Services or in connection with the provision of the Website and the activity of RAIDLIGHT-VERTICAL and to create derivative works, including without limitation for promoting and redistributing all or part of the Website (and derivative works that result), in any format and in any medium;

B.each user of the Website a non-exclusive, transferable, without financial compensation and for the whole world to access your User Submissions through the Website, and to use, reproduce, distribute, perform, execute Contributions or create derivative works to the extent permitted by the functionality of the Website and these Terms.

10.2 The rights you grant above on User Videos stop when you remove or delete your User Videos from the Website. The rights to the User Comments granted above are perpetual and irrevocable, but without prejudice to property rights that you hold in accordance with section 8.2 above.

11. RAIDLIGHT-VERTICAL content on the Websites

11.1 Except for the Contributions, other content available on the Website including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos and interactive features available on the Website ("RAIDLIGHT – VERTICAL content") is the property of RAIDLIGHT-VERTICAL or is granted to RAIDLIGHT-VERTICAL under license; it is protected by copyright, trademark law and other intellectual property rights held by RAIDLIGHT-VERTICAL or its licensors. All third party brands in the RAIDLIGHT-VERTICAL Content are trademarks of their respective owners.

11.2 The RAIDLIGHT-VERTICAL Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited in any manner for any purpose whatsoever without the prior written consent of RAIDLIGHT- VERTICAL or its licensors. RAIDLIGHT-VERTICAL reserves all rights not expressly granted in the Content RAIDLIGHT-VERTICAL.

12. Links from RAIDLIGHT-VERTICAL

12.1 The Services may include hyperlinks to other websites that do not belong to RAIDLIGHT-VERTICAL or are not controlled by RAIDLIGHT-VERTICAL. RAIDLIGHT-VERTICAL has no control over the content, the charters of protection of personal data or third-party sites practices and disclaims any liability in this regard

12.2 You acknowledge and agree that RAIDLIGHT-VERTICAL is not responsible for the availability of such external sites or resources, and does not endorse advertising, or products or other materials on such websites or external resources accessible from these . For example, although not exhaustive, these sites can accommodate editorial content, videos, presentations, audio tracks, etc...

12.3 You acknowledge and agree that RAIDLIGHT-VERTICAL will not be liable for any loss or damage you may suffer due to the availability of such external sites or resources or because of your trust of the completeness, accuracy or existence of any advertising, products or other materials on such websites or resources accessible from them.

12.4 RAIDLIGHT-VERTICAL encourage you to be aware when you leave the Website and to read the terms and principles of protection of personal data of other sites you may visit.

12.5 In case of any disputes of the content hosted by these intermediary services, you can contact the users of the sites services.

13. Termination of your relationship with RAIDLIGHT-VERTICAL

13.1 These Terms will continue to apply until terminated by you or RAIDLIGHT-VERTICAL under the conditions described below.

13.2 If you want to cancel your binding contract with RAIDLIGHT-VERTICAL, you can do this by either (a) Notification to RAIDLIGHT-VERTICAL at any time or (b) Closing your RAIDLIGHT-VERTICAL account. Your notice should be sent in writing to the RAIDLIGHT-VERTICAL address indicated at the beginning of these Terms.

13.3 RAIDLIGHT-VERTICAL may at any time terminate your contract if: A. You do not respect any of the provisions of these Terms (or act in a manner that clearly shows you do not intend to or are unable to comply with these Terms); or B.RAIDLIGHT-VERTICAL is compelled under the law (for example, from providing the Services that are or becomes illegal); C.RAIDLIGHT-VERTICAL is about to cease to provide users with services in your country of residence or in the country where you use the Services; D. provision of RAIDLIGHT-VERTICAL Services to you is no longer commercially viable from RAIDLIGHT-VERTICAL perspective.

13.4 Upon termination of the Terms, all rights, obligations and liabilities that you and RAIDLIGHT-VERTICAL have benefited from or which you and are subject to from RAIDLIGHT-VERTICAL (or that have accumulated over time throughout the duration of application of the Terms) or which are expected to last indefinitely, will be unaffected by such termination and the provisions of Article 16.6 shall continue to apply indefinitely to such rights, obligations and responsibilities.

14. Disclaimer of warranties

14.1 Nothing in these Terms shall affect the rights provided by law that you can claim as a consumer or your right to refuse to change the contract or your right to refuse to renounce the contract.

14.2 The Services provided by the state and RAIDLIGHT-VERTICAL makes no representation or gives no warranty in this regard.

14.3 In particular RAIDLIGHT will not represent or warrant that: A. using the Services will meet your requirements, B. use of the Services will be uninterrupted, timely, secure or error-free, C. the information you have obtained using Services will be accurate or reliable, and D. the defects in the operation or functionality of any software, which will be provided to you as part of the Services will be corrected.

14.4 Subject to the safeguards specifically provided to these Conditions, any conditions, warranties or other terms (including any implied warranties of satisfactory quality, fitness for a particular purpose or conformance with description) apply to the Services.

15. Limitation of Liability

15.1 Nothing in these Conditions shall exclude or limit the liability of RAIDLIGHT-VERTICAL for losses that cannot be excluded or limited under applicable law.

15.2 Subject to the general provision of Article 15.1 above, RAIDLIGHT-VERTICAL will not be liable to you for: A. indirect or consequential damages that may be incurred by you, including any loss of profit (whether it is caused directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; B. loss or damage you may suffer due to: i. confidence in the completeness, accuracy or existence of any advertising or resulting from any relationship or transaction between you and any of advertisers or sponsors whose advertising appears on the Services; ii. Any changes RAIDLIGHT-VERTICAL could make to the Services or any permanent or temporary cessation in the provision of the Services (or any features within the Services); iii. The deletion, corruption or failure to store contributions and other communications data maintained or transmitted through the use of the Services; IV. The communication failure by you to RAIDLIGHT-VERTICAL regarding accurate account information; v. A failure to keep safe and confidential the password or information from your RAIDLIGHT-VERTICAL account.

15.3 The limitations in liability of RAIDLIGHT-VERTICAL to you in Article 15.2 above shall apply whether RAIDLIGHT-VERTICAL has been notified or not about the possibility of the occurrence of such losses regardless whether it has knowledge or not of related aspects.

15.4 VERTICAL RAIDLIGHT- cannot be held liable for content stored about the user, which would be stored in the memory of robots and search engines like google. For all complaints concerning these archives, the user is entitled to contact the search engine or robot concerned.

16. General provisions

16.1 These Terms constitute the entire agreement between you and RAIDLIGHT-VERTICAL regarding your use of the Services and supersedes in their entirety any prior agreements between you and RAIDLIGHT - VERTICAL in relation to the Services.

16.2 You agree that RAIDLIGHT - VERTICAL will issue you with notices, including those amending the Terms, by email, post or displayed on the Website.

16.3 You acknowledge that if RAIDLIGHT- VERTICAL does not exercise or does not assert any right or remedy under these Terms (or which RAIDLIGHT-VERTICAL may have under any applicable law), this does not constitute a formal waiver of RAIDLIGHT – VERTICAL’s rights, and those rights or claims will remain valid and applicable for RAIDLIGHT - VERTICAL.

16.4 If any provision of these Terms is considered invalid by any decision of a competent court, it will be deleted without affecting the other provisions of the Terms. The remaining provisions shall remain valid and enforceable.

16.5 You acknowledge and agree that each member of the group of companies which owns RAIDLIGHT-VERTICAL is considered a third party beneficiary of the Terms and that such other companies are allowed to directly enforce and rely on the provisions of these Conditions which they benefit. Except for what is specified here, no other person or company shall be third party beneficiaries of these Terms.

16.6 These Terms and your relationship with RAIDLIGHT-VERTICAL under these Terms are governed by French law. You agree with RAIDLIGHT - VERTICAL to submit to the exclusive jurisdiction of French courts in disputes arising from these Terms. Notwithstanding the foregoing, you acknowledge that RAIDLIGHT – VERTICAL are able to seek conservatory measures (or any urgent measure or equivalent injunction) from the courts in any country.