General Terms of Use (GTU)

PREAMBLE

Legal Notes

The site Custplace.com is edited and developed by:
The company THIRD VOICE
SARL au capital de 57.200 €
Registered at Register of Commerce and Companies in PARIS under number B 499 869 568
Whose head office is situated at 125, rue du Théâtre 75015 PARIS


The site Custplace.com is hosted by:
OVH SAS to the capital of 50,000 € - RCS Roubaix Tourcoing 424 761 419 00011


Objective

The General Terms of Use are intended to outline the modalities made available to Services of Custplace.com the Site, known hereinafter referred to as “Services” and terms of use for Services by the Users


Acceptance of These General Terms of Use


All access and/or use to the site Custplace.com implies accepting and respecting the terms established in the General Terms of Use and unconditional acceptance. They then constitute a contract between editors and Users.


THE MERE FACT OF LOGGING IN ON THE SITE CUSTPLACE.COM CONSTITUTES THE USERS’ ACCEPTANCE OF ALL THE GENERAL TERMS OF USE.


In the event that Users do not wish to accept all or parts of the General Terms of Use, they are required to renounce all use of Service.


Definitions


  • « Site » is The site Custplace.com

  • « Users » are all persons using the Site or one of the Services provided by the Site.

  • « User Content » is data transmitted by Users in different Site headings.

  • « Members » are Users identified on the Site.

  • « ID » dis necessary information for the identification of Users on the Site to have access areas reserved to Members.

  • « Password » is confidential information that Users must keep secret, enabling them, used jointly with their ID, to prove their identity.

  • « Partners » are all companies having reached a partnership agreement with the company THIRD VOICE.


SERVICES


The site Custplace.com aims to facilitate linking and exchange of dialogue between Consumers and Brands.


Completely free, their service is an independent site for consumer opinions and customer service of Brands. This site does not aim to replace services with customer service of Brands or address issues you may be encounter with said Brands.


The company THIRD VOICE cannot ensure the duration of Services granted on the Site to its Users and reserves the right to discontinue them at anytime, with no recourse for them.


LOGIN ACCESS TO SERVICES


The Site is freely accessible to any User having access to the Internet. All the costs incurred for access to the Site, whether they are costs of materials, software or access to Internet Users shall be charged exclusively to Users. They are only responsible for proper functioning of computer equipment, as well as Internet access.


Users must be equipped all necessary material in order to ensure this connection to the Internet network and notably for a computer and modem, or any other connection tool and have an electronic address.


Certain sections of the Site are reserved to Members following identification with the help of their ID and Password.


The very fact of creating an account automatically generates a page dedicated to your profile with a link to the URL “www.Custplace.com/votre-pseudo” type. Your profile page is visible to other members as well as search engines"


The company THIRD VOICE reserves the right to deny access to Services, unilaterally, and without prior notice to any User violating these General Terms of Use.


The company THIRD VOICE established all reasonable means at its disposal to ensure quality access to Services, but has no obligation achieve it.


Furthermore, the company THIRD VOICE cannot be held responsible for any network or server interference, or any other event going out of reasonable control reasonable, which could prevent or degrade access to Services.


The company THIRD VOICE reserves the possibility to disrupt, suspend momentarily or modify access to all or part of the Services without prior notice, in order to ensure maintenance, or for any other reason, without the interruption giving right


RESPONSIBILITY


Users agree and understand that the Services are provided in the state. The company THIRD VOICE does not take any responsibility for the duration, deletion, interruption, the wrong delivery or defect in the Users’ recording of the communication.


The Use of Services is at Users’ sole risk which shall only be responsible for any damage caused to their computer or the loss of data resulting in downloading content.


Moreover, Users are committed to compensating the company THIRD VOICE of any damaging consequences directly or indirectly linked to use they make of Services.


The company THIRD VOICE shall not in any circumstances be held responsible for decisions taken by Users concerning a sports betting or online gaming. The accuracy of information presented on the Site is not guaranteed, and information, predictions and prognosis proposed are not 100 % safe.


Information available on the Site originates from authorised sources. However, they are not professional advice or recommendations sports betting or playing online. The company THIRD VOICE shall not be held responsible for profits and losses that Users are likely to make by placing bets on sports or by playing online.


Subsequently, the Use of information and contents available on the whole Site, shall not in any circumstances take responsibility for the company THIRD VOICE, irrespective of title. Users are only in charge of proper use, with discernment and mind, information made available on the Site.


The Site provides hypertext links through websites edited and/or managed by third-parties.


In the event that control is exercised on external resources, Users acknowledge that the company THIRD VOICE does not take any responsibility relative to these resources made available, and cannot be held responsible as to their content and use.


RIGHTS AND DUTIES OF USERS

The right to use Services is personal to Users.


Users undertake not to resell or not to use Services for commercial purposes provided on the Site.


Access to certain sections of the Site requires the use of an ID and Password. The Password chosen by Users is personal and confidential. Users are committed to keep secret their Password and not to release in whatever form.


The use of their ID and Password through the Internet are done at the Users’ own risk. It is the Users’ responsibility to take all the necessary steps allowing for the protection of their own data against any attack.


Users are responsible for any of their ID and Password, that these be expressly authorised or not by them.


Users are committed to altering immediately the company THIRD VOICE in writing, in case of fraudulent use or breaches of ID and/or Password security which come to their knowledge. In the event of the fraudulent use of their ID and/or Password, the company THIRD VOICE reserves the right to suspend or not terminate immediately and future access to all or part of Services to the Members.


User members acknowledge and agree to take complete responsibility for content and its transmissions via the Site.


The use of the Site and Services implies that Users are upholding certain standards of behaviour based notably on the respect of laws and rules, and certain moral values such as respecting others, courtesy, good faith, and loyalty.


Users are thereby committed to not using the Site and Services for illegal purposes, notably, not transmitting messages contrary to public policy and good morals, defamatory remarks, and elements intrusive to the privacy of third-parties; not to transmit messages, elements of information which may in any way restrict the rights of the company THIRD VOICE and/or the rights of third-parties, notably not to affect the property rights of the company THIRD VOICE and/or third-parties; to notify the company THIRD VOICE about any violation of which Users could become aware ; not accessing or illegally attempting to access other networks or information systems connected to the Site; not interfering in the use and enjoyment of Services by other Users; not use the Site to transmit viruses, Trojan Horse or other harmful programmes.


In particular, it is prohibited for Users, without this list being limitative:

  • To breach or attempt an attack on the security or integrity of the Site, and notably take any action which would likely be to threaten or interfere with the Site’s proper functioning; to implement any action imposing an unreasonable restriction or of disproportionate importance on infrastructure of the Site; access or attempt to access data that intended for the visualisation of Users or to penetrate or attempt to penetrate serves or accounts which Users are not authorised to access.

  • Harass, threaten, insult or invade the privacy of any other User or releasing defamatory, offensive or slanderous information.

  • To belittle human dignity with a text, an image or video racist in nature, or promoting racial hatred, violence, pornography or revisionism ; invade the privacy of others.

  • To violate legal provisions on intellectual property rights and notably not to commit acts likely to constitute infringement.

  • Execute, without express authorisation of the company THIRD VOICE, any operation of “framing“ or creating a “mirror site” virtually reproducing the Site ; create any hypertext link on another site redirecting to the Site or include, in any services provided or on any profile, a hypertext link pointing towards a third-party site.

  • Use the information of other Users for inappropriate or illegal purposes such as unsolicited procedures, sending proposals to participate in lotteries or contests, chain letters, or in violation with the General Terms of Use.

  • To publish insulting or defamatory remakes against Brands or denigrating their products, services or partners, and which could undermine their image or their personnel.


Users are only responsible for User Content that they put on online via Services, as well as images, videos, texts and/or opinions that they express. Users expressly and graciously transfer all related intellectual property rights to the company THIRD VOICE and notably right to reproduction, representation and adaptation, for the legal duration of copyright protection. They are committed notably provided they are not of such a nature as to injure the legitimate interests of third-parties as they are. As such regard, they shall the company THIRD VOICE against any recourse based directly or indirectly on these remarks and/or data, likely to be intended by anyone against THIRD VOICE or Publication Manager of the Site. They are particularly committed to assuming payment of sums, whatsoever shall be deemed, resulting in all regal remedies of third-parties to against the company THIRD VOICE or Publication Manager of the Site, including lawyers’ fees and legal costs.


The company THIRD VOICE reserves the right to delete all or part of User Content, at any moment and for whatever reason it might be, without warning or prior justification. Users could counter any complaint as such.


MODERATION RIGHTS OF THIRD VOICE AND SANCTIONS


Messages published on the Site by Users only express personal opinions of their authors.


As indicated above, by writing a reaction or message on the Site, you are committed to not submitting content potentially illegal, defamatory, denigrating, insulting, obscene, discriminatory, threatening or contrary to the spirit of the Guidelines or any other message which would break applicable laws.


Third Voice, as an editor, does not proceed to controls of prior content addressed by members.


They thus decline to any responsibility as to messages that are sent.


Nonetheless, they reserve the right to suspend access of a member to Custplace.com, to remove dissemination of all or part of a message in the event third-party complaints, violation of laws and rules or provisions of guidelines (uk.custplace.com/about). Their decision shall not be subject to appeal and would not lead to any compensation.


Custplace.com is a space free for dialogue exchange between consumers and Brands. It allows members to put digital content online (comments, proposals, texts, images, etc.), on condition that these different content is not illegal, likely to prejudice public policy or third-party rights. The content of the Community shall be moderated by Third Voice teams so that ideas, opinions, comments and exchanges between the members remain focused on the theme of the Community.


The company Third Voice reserves the possibility, full right and without prior justification, to not publish, moderate, edit or delete remove contents violating their rule, particularly those that it might deem insulting against them, defamatory against Brands, denigrating their products, services or partners, and which could break their image or that of the personnel.


The publication of content provided by members is not in any case a right; the company Third Voice remains entirely free to publish its content or not in compliance with their editorial responsibility. For questions related to the same subject matter, the company Third Voice reserves the right to redirect internet users towards responses already formulated.


INTELLECTUALL PROPERTY


The Site and its content, notably Brands, logos, texts, software, patents, music, sound, photos, videos, drawings or other material content in advertisements, commercial information produced and presented by the company THIRD VOICE, its Partners, announcers or providers, are protected by French intellectual property right, the right of Brands, patents right and any other right recognised by the law in effect.


Any commercial or non commercial use outside of the private circle of the Site or their content, notably des images, texts, icons, drawings, graphics, photos, programmes and other components of the Site, without written consent and prior to the company THIRD VOICE, is strictly prohibited.


The company THIRD VOICE removes any responsibility if on act of infringement between Users, or more generally if an action infringement taken by third-parties against Users.


RESPECT OF PRIVACY AND CONFIDENTIALITY


With the principles of respect for the privacy of its Users, the company THIRD VOICE is committed to collecting and processing of personal information, carried out within this Site, is executed in compliance with article n°78-17 of 6 January 1978 relative to information technology, files and liberties, said Data Protection Act. The company Third Voice disposes of the Commission for Data Protection and Liberties to CNIL (Commission Nationale de l’Informatique et des Libertés) in this regard.


In compliance with the provisions of the Data Protection Act, Custplace.com guarantees the Users the right to opposition, access and rectification on nominative data targeting it.


Users have the opportunity exercise this right by entering directly in contact through following address: contact@custplace.com


Furthermore, the company THIRD VOICE is committed to ensure confidentiality of personal information that the Users shall provide, unless it asks for information coming from a legally competent and authorised administration.


Only addresses of Internet users having subscribed to our “partner offers " (by ticking the box “I agree to receive offers from Custplace partners”) would be able to see their address transferred to third-parties.


THIRD VOICE cannot ensure confidentiality or deletion of personal data posted voluntarily by Users in public parts of Brand pages or in private messages.


THIRD VOICE shall not be held responsible for "spam" experienced by Users of forums would have decided to voluntarily and publish their email address online spontaneously.


MODIFYIG THE GENERAL TERMS OF USE


The company THIRD VOICE reserves the right, at any moment, to modify, suspend or discontinue, temporarily or definitively, all or part of Services, and without informing Users beforehand.


The company THIRD VOICE ne could be held responsible against The Users or any third-party for any other modification, suspension or stop to the Services.


The company THIRD VOICE could modify these General Terms of Use at any moment.


In the event of contradiction between provisions of General Terms of Use and any changes that could be made to them, notably in order to respect laws and rules in effect, modifications made shall prevail.


This is why, the company THIRD VOICE recommends Users to consult and report regularly to the General Terms of Use retrievable on the Site.


APPLICABLE LAW AND RELEAVANT JURIDISCTION


These General Terms of Use are subject to French law. In the event of litigation relative to the execution or interpretation of these General Terms of Use, exclusive competence is assigned to the Tribunal of Commerce of PARIS, except if litigation with non merchants for which these rules of legal competence apply.