TERMS OF USE OF VIAFAMILIA
The present Terms of Use are an English translation of the French Terms of Use of VIAFAMILIA for convenience purpose only and must be considered by way of information only. The French version of the Terms of Use only has a contractual value.
1. Introduction
The following terms of use (“Terms of Use”) define the terms and the conditions in which ActivAge provides an interactive service online which consists in making available contents, information and services aimed at families and provides a space for families to share online, to each person having access to the website www.viafamilia.com (“the User”), whether is a Member or not.
Moreover, it is specified that in the following Terms of Use the word "User" designates both Members and visitors.
Any User using and viewing any or all of the services provided by ActivAge on its website www.viafamilia.com, is deemed to have read and accepted the Terms of Use.
Each User who would not agree with the following Terms of Use, ought to, at short notice, stop all the activities on the website www.viafamilia.com and renounce to use all the services provided by ActivAge on the website www.viafamilia.com.
The User who wants to join www.viafamilia.com to become a Member in order to use all the services provided by ActivAge on the website www.viafamilia.com, ought to respect the agreed registration process, above all agree with the Terms of Use during the registration process.
Each User is deemed to acknowledge the following Terms of Use and to keep a copy. As such ActivAge recommends its Members to carefully read all the following Terms of use and also print a copy and keep it.
2. Membership and registration
The User acknowledges having skills and equipments (computer, software, means of telecommunications,…) needful to have access to all the services provided by the website www.viafamilia.com and get involved to assume the cost of those equipments (costs of telecommunication…).
The User, who wants to become a Member in order to have access to all the services provided on www.viafamilia.com, must previously fill in all the information of the registration process of the website and also agree with the Terms of Use during the registration process.
The Member asserts and guarantees:
- All the registration information provided are true, accurate, complete, and updated
- All the registration information will still be true, accurate, complete, and updated
- Not to use the provided services on www.viafamilia.com for any professional or commercial purpose
- Whether its use of the services provided by www.viafamilia.com is and will not be contrary to public order, morality, laws and regulations.
Each Member has an username and a password. The login and the password are strictly personal and confidential and shall not be disclosed or shared with third parties. Each Member is responsible for maintaining the confidentiality of his username and his password, as well as actions, fraudulent or not to be carried out under his username and password.
ActivAge recommends Members to avoid using the services of the website from a public computer, and if need to close their session before leaving the public place.
Each Member suspecting of an unauthorized use of his account, username or password, or of any known or suspected breach of security involving his account, ought to at short notice, contact ActivAge which will take measures.
Each Member guarantees ActivAge against any claim in respect of actions or statements made on the site www.viafamilia.com through his personal account membership.
3. User Obligations
Members are sole responsible for the content published by them on or through the website www.viafamilia.com as well as for any element or information transferred to another User.
ActivAge does not control the content, these elements and such information and shall under no circumstances be held responsible for any of said contents, elements and information.
In particular, at the sole discretion of ActivAge and according to the following non exhaustive list, the User agrees not to use the service for purposes such as:
- To use the services provided on www.viafamilia.com for professional or commercial purposes, and more generally for other purposes that a normal family use, the services provided by ActivAge on the website www.viafamilia.com, with the specification that will be considered as not belonging to a normal family use any use or activity deemed disproportionate regarding to the consumption of resources commonly observed,
- To publish, transmit, spread or otherwise make available on or through www.viafamilia.com , any content that might constitute, but not limited to, defamation, insults, threats, blackmail, harassment, incitement to violence, racial hatred and generally speaking to carry out crimes; of spreading false news or financial information covered by confidentiality, as well as any content intended to represent or offer for sale things and / or books, software, content prohibited by law or infringing the rights of the third parties; damage to the authority of justice; invasion of privacy, protection of personal data, or the privacy of correspondence; apology for crimes against humanity or genocide; disclosure of information covered by confidentiality or the right to privacy, or an act endangering minors particularly by the manufacture, supply, dissemination or accessibility of violent or pornographic messages, likely to violate human dignity or likely to enable the manufacture of explosives,
- To try to mislead other Users impersonating or damaging the image or the reputation of others,
- To falsify data, messages or documents, headers of messages or identification data information or connection or manipulate on any other kind an ID in order to disguise the origin of the transmitted content through www.viafamilia.com,
- To engage in any violation of intellectual property rights (especially with regard to music, video, animations, games, software, databases, images, sounds and texts) or other proprietary rights of others,
- To transmit or send e-mails or instant messages to people who have not solicited them or without taking into account their rights recognized by the law, such as advertising, promotional material, chain letters or any other form unsolicited mailing,
- To knowingly upload, post, edit, spread, transmit or make available in any other way, content featuring or constituting computer viruses or any other code or computer programs created in order to disrupt, destroy, hijack or limit the functionalities or the performances of all software, computer, service or any means of electronic communications; this list is not limited,
- To disturb, slow down, stop or alter the normal transfer of exchanged data within the provided service on www.viafamilia.com, modify or alter or commit any action causing any defect on the functionalities of the website www.viafamilia.com,
- To post, indicate or spread in any kind of ways, information or contents causing any effect to decrease, disorganize, prevent the normal use of services, to disrupt and/or slow down the normal transfer of communications between the Users through services such as software, computer viruses, logic bombs, mass mailing…
- To post, indicate or spread in any kind of ways, information or contents incorporating links to third party Sites that are illegal and/or contrary to morality.
To act unfairly towards ActivAge and therefore not respect and prejudice in any sort of manner the image and the notoriety of ActivAge as well as the website www.viafamilia.com
4. Personal information
In compliance with the law No. 78-17 dated January 6th 1978 relating to data processing, data files and individual liberties, the automatic processing of personal data carried out from the website www.viafamilia.com was registered with the French Data protection Authority (CNIL), No. 122 43 86.
In compliance with the law No. 78-17 dated January 6th 1978, the User may at any time, access to his personal information stored by ActivAge, ask for modifications or suppressions. Thus, regarding articles 36, 39 and 40 of the law on data processing, data files and individual liberties, the User may request to change, clarify, update, delete all the inaccurate, incomplete and outdated personal information or of which the use, the communication or keeping are prohibited.
After closing the Member’s account and for evidence purpose only, personal information may be kept and confidentially stored by ActivAge according to the laws.
In order to improve the quality of the service and to comply with the Users’ expectations, ActivAge may collect personal data on the Users, notably through the use of cookies.
5. Ownership of content stored
All contents stored by the user (texts, pictures and others) remain the property of their respective owners.
6. House rules
The services provided by ActivAge on the website www.viafamilia.com are in the state and to the extent of the technical possibilities.
Consequently, each User acknowledges that:
- ActivAge does not guarantee that the website and the associated services will operate without interruption or error performance nor does it guarantee the safety and quality of the website,
- ActivAge has no control or supervision on the exchanged contents and online contents and can not be held responsible as such,
- ActivAge has no control on each family spaces and each User of these spaces is free to add, modify or delete any displayed information, as a result of which ActivAge can not under any circumstances be held responsible for the deletion of data by an User or any other act of an User within a family space,
- ActivAge can not be liable for any loss of personal data,
- ActivAge may terminate or modify the characteristics of its services at any time and without notice.
Generally speaking, ActivAge does not guarantee any specific result regarding the use of the website www.viafamilia.com as well as all the inherent risks on Internet and Networks regarding the confidentiality of the exchanged data.
7. Service Availability
The company ActivAge does not assure a personalized assistance.
However to face with the difficulties, you may go to the help desk of the website www.viafamilia.com.
8. Third Party sites content
The website www.viafamilia.com may contain links to websites which are not managed by ActivAge and on which ActivAge does not have any control.
ActivAge is not responsible for the content posted on these sites neither the content these sites can be linked to.
These hypertext links to these websites does not mean that ActivAge approves in any kind of ways the content of these sites.
ActivAge is not responsible for any modification or updated information on these sites. ActivAge is neither responsible for the transfer of information from these sites, nor the malfunctions of those.
These links to these websites are only offered to the Users for their comfort.
Users are solely responsible for their interactions or transfers with third party sites as well as the partners on the website www.viafamilia.com including all the operations related to the delivery and payment terms of goods and services.
9. Infringer Policy
ActivAge reserves the right, at its sole discretion, to refuse to publish or delete any posted contents on the Site www.viafamilia.com as well as limit access to the Site, suspend and/or terminate the memberships and especially in the case that the User infringes the obligations such as described in these Terms of Use.
10. Fees
ActivAge reserves the right, in its sole discretion, to modify or stop its free services at any time, taking into account the legitimate interests and reasonable Users’ expectations. Each Member of www.viafamilia.com will be notified by email of the fees modification of its services. This notification will also be an opportunity to continue or not to use the concerned service. The effective use of the service at least one month after this notification will entail the acceptation of these new fees. The same principle applies in the event of an increase in fees.
11. Termination
Each User can terminate his account at any time.
This termination will automatically entail the inaccessibility to all the stored content on the website www.viafamilia.com
In case of breach of the present Terms of Use, ActivAge reserves the right, at its sole discretion, to immediately disable or delete the account, without prior notice, which automatically entails the termination of Member’s account without any indemnification for any subscription services, free or paid.
Finally, if the User does not use the account within 60 consecutive days, it could be terminated by the company ActivAge. However, this rule of termination will be suspended until the end of the eventual paid subscription undertaken by the Member.
12. Modifications
The following Terms of Use may be modified by ActivAge at any time, notably in the case of technical evolutions, legal or while making available news services.
The User has to regularly check the following Terms of Use and accepts to stop the use of the service if he does not agree with those.
The use of the website www.viafamilia.com implies the agreement by the User, of all the stipulations described by the following Terms of Use as well as all the modifications that might bring ActivAge.
13. Governing Law - Juridiction
These Terms of Use are governed by and construed with the law and language of French Republic. Any sort of dispute or claim that might arise between the User and the company ActivAge will be brought to the French Republic courts.
In the event of disputes or claims from the User, ActivAge or a Third Party, relating to the use of the Site www.viafamilia.com, only these above Terms of Use written on the Site www.viafamilia.com will be in force between the parties whatever the dates of these disputed facts.
If there’s no amicable solution, any disputes that may arise between the User and the company ActivAge with regard to creation, carry out, interpretation, or termination of the present Terms of Use will be within the exclusive jurisdiction of the courts of the jurisdiction of Lyon's court of appeals, including any summary judgement, petition or multiple respondents.