Terms of service

According to the law articles n° 6-III et 19 from the French law "Confiance dans l'Economie Numérique" (L.C.E.N.), we inform users and visitors of the site ParticiBox (particibox.com) the following information:

 

1. Definitions

Are referred to below:
Site : Aforementioned site ParticiBox (particibox.com).
Owner : Maxime Aubertin, whatever his quality (owner, creator, webmaster, publication manager), natural person living at 14 rue de la Marne, 62000 ARRAS, FRANCE.
User : Any Internet user accessing the Site.
Participant : Any Internet user registering on the Site.
Service : All of the features and information made available to Users by the Site.
Object : Post, link, image, music and video posted by a Participant.
Box Administrator : Participant who creates a participatory box and who, de facto, is the sole administrator.

 

 

2. Service offered by the Site

The Site offers a service of virtual participatory boxes.
Users can view the participatory boxes and their content.
Participants can create and manage participatory boxes. They can subscribe to the participatory boxes of other Participants and can add Objects to them.

 

 

3. Applicable Terms

The use of the Service is subject to the full acceptance of these Terms of Service (hereinafter referred to as TOS) described below.
Each User must read these TOS carefully and make sure he/she understand them. If he/she does not understand the TOS, or does not accept any part of them, then the User may not use the Service.

 

 

4. Users and Participants

4.1. Age Requirements and permission by Parent or Guardian

You must be at least 15 years old to use the Service.
If the User is under 18, he/she represents that he/she has his/her parent or guardian’s permission to use the Service.
Parents or legal guardians of a User under the age of 18, by allowing their child to use the Service, are subject to the terms of these TOS and responsible for their child’s activity on the Service.

 

4.2. Available features

A User can access some of the features of the Service: view the participatory boxes and the Objects.
To participate in ParticiBox, User must register (he/she becomes a Participant). Registration allows the Participant to subscribe to the participatory boxes of other Participants, to create new ones, to add Objects to them, to report Objects which violate the TOS or the laws.

 

 

5. Available Objects

Participants can post texts (referred to as Post), share links to websites (referred to as Link), links to images on the Internet (referred to as Image), links to music on Deezer, SoundCloud and Spotify (referred to as Music) and links to videos on Dailymotion, Vimeo and YouTube (referred to as Video).
The Participant who creates Objects is responsible for them. If he/she uses brand names, he/she is responsible for them. The Participant fully discharges the Site and its Owner from all responsibilities with regard to the Objects, titles and descriptions that he/she deposits.
If a User identifies an Object which, according to him, does not comply with the TOS, he/she can report it to the Owner at the address abuse@particibox.com.

 

 

6. Content management

6.1. By the Box Administrator

The Participant manages the participatory boxes that he creates. He/she decides if the Objects offered by Users are directly published or if he/she must validate them before publication.
The Box Administrator can add, modify and delete any box he/she created or any Object in his/her boxes, whether he/she is the author or not.

 

6.2. By the Participants

Each Participant can add Objects to the boxes in which he/she participates. He/She can also delete the Objects he/she created.
Participants can report an Object to the Box Administrator. The Object will therefore no longer be accessible to other Participants until the Box Administrator evaluate it.

 

6.3. By the Owner

The Owner reserves the right to remove, without prior notice, any content posted on the Site:

• which would violate the law applicable in France, in particular the provisions relating to data protection;
• which would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for ParticiBox;
• which would compromise an investigation or the integrity or operation of the Service;
• which would cause harm to any User, to the Site or to the Owner.

The Owner also reserves the right to question the civil and/or criminal liability of the Participant, in particular in the event of a racist, abusive, defamatory or pornographic message, whatever the medium used (text, image, etc.). Likewise, the Owner will inform the courts if the Participant shares links to sites that are racist, abusive, defamatory, contrary to French law or propose child pornographic.

 

 

7. Account Suspension & Termination

7.1. Suspension & Termination by the Participant

Each Participant may stop using the Service at any time.
If he/she wants to delete his/her account, his/her boxes and his/her Objects, he/she must make a request by email to the address contact@particibox.com.

 

7.2. Suspension & Termination by the Owner

The Owner may suspend or terminate the Participant's access:

• if the Participant materially or repeatedly breaches these TOS;
• if the Owner is required to do so to comply with a legal requirement or a court order;
• if the Owner believes there has been conduct that creates (or could create) liability or harm to him.

The Owner will notify the Participant with the reason for termination or suspension by the Owner unless he reasonably believes that to do so:

• would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the Site or the Owner;
• would compromise an investigation;
• would compromise the integrity or operation of the Service;
• would cause harm to any user, to the Service or to the Owner.

The Owner can delete or close an account at any time, without prior notice to the Participant.

 

 

8. Changes to the Service

The Owner is constantly changing and improving the Service. He may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of the systems.
Whenever reasonably possible, the Owner will provide notice when he discontinues or makes material changes to the Service that will have an adverse impact on the use of the Service. However, the Users understand and agree that there will be times when the Owner makes such changes without notice, such as where he feels he need to take action to improve the security and operability of the Service, prevent abuse, or comply with legal requirements.

 

 

9. Access to the Site

The Site is normally accessible to Users at any time, except interruption, scheduled or not, for the purposes of its maintenance or in case of force majeure.
If access to the Service is not possible, the Owner undertakes to do his utmost to restore access to the Service and will then endeavor to communicate to Users beforehand the dates and times of the intervention.
The Site is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n°2016-679)
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for the purposes of maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services generates unnatural deemed traffic.
The Owner and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment related in particular to network congestion preventing access to the server.

 

 

10. Intellectual property and counterfeits

The Owner is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the Site, in particular the texts, images, graphics, logos, videos, icons and sounds.
However, the Owner uses the logos of several websites. These logos remain the exclusive property of their respective owner(s). Similarly, the Site uses third-party developments whose rights defined in their license of use are respected by the Site and the Owner.
Regarding the Objects offered by a Participant, this Participant accepts full and entire responsibility in the event of a violation of intellectual property rights or if he/she contravenes the legislation applicable in his/her country, in particular in the event of a racist, abusive, defamatory or pornographic message, whatever the medium used (text, image, ...). The Owner can in no way be held responsible for violations of intellectual property rights or violations of the legislation of the Participant's country.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or process used, is prohibited without the prior written consent of the Owner asked to the e-mail address contact@particibox.com.
Any unauthorized use of the Site or one of the Objects it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property Code.

 

 

11. Limitations of liability

11.1. Contractual limitations on technical data

The Site uses JavaScript technology.
The Owner cannot be held responsible for material damage linked to the use of the Site. In addition, the User undertakes to access the Site using recent equipment, which does not contain viruses and with an up-to-date latest generation browser.

 

11.2. Limitations on direct and indirect damages

The Owner cannot be held responsible for direct and indirect damage caused to the User's equipment when accessing the Site, and resulting either the use of equipment that does not meet the specifications indicated in point 11.1, or the appearance of a bug or an incompatibility.
The Owner cannot also be held responsible for indirect damages (such as for example a loss of market or loss of a chance) consecutive to the use of the Site.

 

 

12. Management of personal data

The User is informed of the regulations concerning marketing communication, the French law "Confiance dans l'Economie Numérique" of June 21, 2014, the French law "Informatique et Liberté" of August 6, 2004, and the General Data Protection Regulation (GDPR: n°2016-679).

12.1. Responsible for the collection of personal data

For the personal data collected as part of the creation of the Participant's personal account and its navigation on the Site, the person responsible for processing personal data is: Aubertin Maxime. The Site is represented by Aubertin Maxime, its legal representative.
As responsible for processing the data it collects, the Owner undertakes to comply with the framework of the legal provisions in force. It is in particular the Participant's responsibility to establish the purposes of their data processing, to provide their prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with the reality.
Whenever the Owner processes personal data, he takes all reasonable measures to ensure the accuracy and relevance of the personal data with regard to purposes for which he processes them.

 

12.2. Purpose of the data collected

The Site and its Owner are likely to process all or part of the data:

• To allow a User to register and connect to the Site: email address and password (hash);
• To introduce the Participant: last name, first name, country, description, social media links;
• To complete the participatory boxes: texts, links, images, music and videos provided by the Participant;
• To improve the Site: analysis of where Users come from.

The Site and its Owner do not market the personal data which are therefore only used out of necessity or for statistical and analyzes.

 

12.3. Right of access, rectification and opposition

In accordance with current European regulations, Participants have the following rights:

• right of access (article 15 GDPR) and rectification (article 16 GDPR), update, completeness of Participant data, right to block or erase Participant data of a personal nature (article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated , or whose collection, use, communication or storage is prohibited;
• right to withdraw consent at any time (article 13-2c GDPR);
• right to limit the processing of Participant data (article 18 GDPR);
• right to oppose the processing of Participant data (article 21 GDPR);
• right to portability of data that Participants have provided, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR);
• right to define the fate of Participants' data after their death and to choose to whom the Owner must communicate (or not) their data to a third party that they have previously designated.

As soon as the Owner is aware of the death of a Participant and in the absence of instructions from him/her, the Owner undertakes to destroy his/her data, unless their conservation proves necessary for evidentiary purposes or to meet a legal obligation.
If the Participant wishes to know how the Owner uses his/her personal data, requests to rectify them or opposes their processing, the Participant can contact the Owner by written to the following email address contact@particibox.com.
In this case, the Participant must indicate the personal data that he/she would like the Owner to correct, update or delete, by identifying himself/herself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of personal data will be subject to the obligations which are imposed on the Owner by law, in particular as regards the conservation or archiving of documents. Finally, Users of the Site can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).

 

12.4. Non-communication of personal data

The Owner refrains from processing, hosting or transferring the information collected on his Participants to a country located outside the European Union or recognized as "unsuitable" by the European Commission without first informing the Participant. However, the Owner remains free to choose his technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n°2016-679)
The Owner undertakes to take all the necessary precautions to preserve the security of the information and in particular that it is not communicated to unauthorized persons. However, if an incident impacts the integrity or confidentiality of the Participant's information is brought to the attention of the Owner, he must inform the Participant as soon as possible and communicate the measures to corrections made. In addition, the Owner does not collect any "sensitive data".
The Participant's personal data may be only processed by the Site and its Owner.

 

12.5. Types of data collected

For the Participants, the Site collects the following data which are essential for the operation of the Service: email, password (hashed before saving therefore not visible to anyone, even to the Owner), username. Optional data is also requested: last name, first name, country, language, description and social media links of the Participant.
For the Objects created by the Participant, the following data may be collected:

• Participatory box: name, description and tags;
• Post: title and text;
• Link: URL, title, description;
• Image: URL, title, description;
• Music: URL (Deezer, SoundCloud, Spotify), title, description;
• Video: URL (Dailymotion, Vimeo, YouTube), title, description;

All data are kept 1 year after the end of the contractual relationship.

 

12.6. Transfer of collected data

Only the assumption of the purchase of the Site and its rights would allow the transmission of the personal data of the Participants to the prospective purchaser who would in turn be bound by the same obligation to preserve and modify the data vis-à-vis the Participants of the Site.

 

 

13. Modifying these TOS

The Owner may modify these TOS, for example, to reflect changes to the Service or for legal, regulatory, or security reasons. The Owner will provide reasonable advance notice of any material modifications to these TOS and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to these TOS will only apply going forward. If the User does not agree to the modified TOS, he/she should remove any Content he/she has posted and discontinue his/her use of the Service.

 

 

14. Applicable law and attribution of jurisdiction

Any dispute in connection with the use of the Site is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is attributed to the competent courts of Arras.

 

In force since August 5, 2020.