GENERAL CONDITIONS FOR USAGE OF "MOBICLIP" SERVICES
I - DEFINITIONS and DESCRIPTION OF THE SERVICES
1. Definition
ACTIMAGINE: means the company which operates the website accessible at the URL www.mobiclip.com.
GCU: describes the terms and conditions whereby ACTIMAGINE provides the Service defined herein, accessible from the Site mobiclip.com.
User: means any natural person living in France who has access to the services offered on the Site "mobiclip.com".
MOBICLIP: means the internet-accessible platform where a user can aggregate and manage multimedia content, which will thereafter be available on his or her mobile phone or wireless devices.
Community Pages of the Site: means the web pages of the Site "mobiclip.com" corresponding to the video on Demand (VoD), the regularly updated video posts (Podcasts), and the selection of videos downloaded from the web (Web Selection).
Personal Pages of the Site: means the web pages of the Site "mobiclip.com" corresponding to the videos put online to the Site by the User, which may be recorded by the mobirec module.
Content: means a program, data or information available on the Site.
Program: means the audiovisual or multimedia programs made available on the Site by ACTIMAGINE.
Services: denotes the selecting, permanently or temporarily downloading, streaming or stocking service of audiovisual or multimedia programs on the Users' mobile phones for strictly private use, as well as a service for the User to manage and select Content.
Site: means the interactive electronic service operated by ACTIMAGINE, whose URL is www.mobiclip.com, enabling access to the Service.
Downloading: means the transmission, by MOBICLIP, of a digital file incorporating audiovisual or multimedia program selected by the User for the sole purposes of being listened to or viewed by said User as many times as he or she wishes, for a limited or unlimited period of time.
2. General Conditions of Use
This document defines the General Conditions of Use (the "GCU") which govern the Services that are offered on the website www.mobiclip.com to natural persons who wish to become its users.
Before any use of a MOBICLIP Service, the User must accept the GCU and fulfil the conditions thereby established.
The GCU apply to the exclusion of all other conditions.
The GCU may, however, by amended by ACTIMAGINE at any time.
For other services accessible from the MOBICLIP Website, the User is subject to the general conditions of the outside service provider which manages them. Said conditions are available on the pages that pertain to those services.
3. Acceptance of the General Conditions of Use
The following each constitute acceptance of the GCU:
a) a click from the User indicating his or her acceptance of the GCU, in the event that this option is offered by ACTIMAGINE. In particular, when the User opens an account, by checking the "Sign up now" box, the User is declaring his/her unconditional acceptance of the GCU.
b) the use of ACTIMAGINE's Services by the User, which implies his/her full and unconditional acceptance of the GCU, in the most recent version thereof.
ACTIMAGINE undertakes to provide its Services on the condition that the User accepts and abides by the GCU.
Amended conditions shall enter into force once they have been put online. ACTIMAGINE recommends that the User read the GCU on a regular basis. The User is deemed to have accepted the most recent version each time he or she connects to the Services (via access to the MOBICLIP Site, or via his or her mobile terminal). The most recent version of the GCU is permanently available on the site www.mobiclip.com.
In any event, the conditions that apply shall be those in force on the Site on the date of the User’s order.
4. Description of the Services
ACTIMAGINE offers Services on its website www.mobiclip.com, said services consisting of permanently or temporarily downloading, storing, and playing audiovisual or multimedia Programs on/to the User's mobile terminal, and for given models of mobile terminals.
Via a platform available on the website www.mobiclip.com, and after the User has been duly notified, said User selects and manages personal multimedia Content, which will be available on the mobile terminal of his or her choice.
II - ACCES TO THE SERVICES
1. Users
The services offered by ACTIMAGINE are exclusively reserved for persons:
Major of age, or minor of age with parental approval enabling them to use the Services offered by ACTIMAGINE and place orders on the Site, with the exception of the service of downloading video or audio recordings subject to restricted access;
- who, when ordering a Program, possess a bank card or payment card issued by a banking institution accepted by the company BIBIT;
- who subscribe to a mobile communication service with a telephone company.
2. Hardware Needed to Use the Services
The User must possess appropriate devices and software to connect to the Services, including a mobile terminal compatible with the Services. The list of hardware needed to access to the Services is indicated at the following address: http://mobiclip.com/devices.
3. Downloading the Software
In order to access to the Services, the User must download the free software suite available at the following address www.mobiclip.com. The User must first accept the terms of said software's license agreement.
4. Registration
In order to use certain Services, the User must complete a registration form and provide data pertaining to himself/herself (in particular his/her last name, first name, e-mail address, year of birth, country, and mobile terminal model). The User agrees to provide accurate, complete, and current information, and to keep ACTIMAGINE regularly informed of any changes to the information collected in the registration form.
Subject to the other provisions of the Agreement, registration for the Services shall not enter into force until ACTIMAGINE has sent a confirmation e-mail to the User, or sent an electronic message to his or her mobile terminal.
ACTIMAGINE will be free to verify the information provided by the User. Should the information provided be inaccurate, incomplete, or obsolete, ACTIMAGINE shall take any measures it may deem necessary to permanently or temporarily refuse or suspend access to the Services.
5. Account and Password
In addition to the acceptance hereof, access to certain Services is subject to the User opening an account on the Site.
The User may create an account at any time.
To create his or her account, the User must complete the fields appearing on the "Sign up" page:
- First Name
- Last Name
- Year of birth
- E-mail
- Country
- Type of mobile terminal
- Login
- Password
The User chooses his/her own login and password.
Once these fields have been completed, the User must check the box referring to the "MOBICLIP SERVICES USER LICENSE AGREEMENT" and click on the "Sign up now" box in order to create his or her account.
Any time while he/she is logged into his/her account, the User may change his/her login and password in the "my account" section.
In the event his/her login or password is lost, the User may click on the "forgot password" link and enter his/her e-mail address. He/she automatically receives an e-mail enabling him/her to generate a new password.
The login and password are personal and confidential. The User is responsible for the confidentiality and maintaining confidentiality of his/her passwords and logins, as well as all consequences resulting from the use of his/her login and passwords.
More generally speaking, the User is responsible for the use of his/her account, until said account is deactivated.
All logins to the Services and data transmissions made using the User's login and password shall be deemed to have been performed by said User. These provisions remain in force, including if the User keeps his/her login and password saved, thereby enabling automatic logins to the Services.
If the User is aware of unauthorized use of his/her account, he/she must immediately notify ACTIMAGINE thereof, and must confirm this notification in writing.
ACTIMAGINE reserves the right to forbid or delete a login and request that the user choose one in respect with laws and regulations in force.
Furthermore, ACTIMAGINE reserves the right, without prior notice, to terminate all or some of a User's access rights, and if need be, to disable or delete an account and password(s) if ACTIMAGINE believes that the User has violated or acted contrary to the letter or spirit of the GCU or to any legal provisions.
In such situations, ACTIMAGINE may not be held liable to the User or any third party for any temporary or permanent termination of access to the Services performed for such reasons.
A suspended or cancelled login and/or password may only be reinstated with the consent of ACTIMAGINE, and may be subject to additional administrative fees.
The User may not reproduce, copy, sell, resell, or transfer to any third party his/her right to access the Site (login and passwords). Any attempted substitution of another User's password or login is prohibited.
III - SERVICE USAGE CONDITONS
1. Availability of Services
Access to the Services is permanently available (24 hours a day, 7 days a week, throughout the year), except for maintenance periods, updates for the servers related to the Services, and any extraordinary interruptions thereto. Furthermore, ACTIMAGINE reserves the right to temporarily block access to the Services, without prior notice or compensation, and shall not be liable for any damages that may result there from.
2. Modifying the Services
ACTIMAGINE reserves the right to change, delete, or improve the Services in any way it may deem necessary and useful, and shall not be liable for damages of any nature that may result there from.
3. Cost of Accessing the Services
The Services are accessible from the cellular telephone network, over the Internet, or through other means of communication. The fees of connecting to the services shall be borne by the User. Said connection fees may be subject to surcharges imposed by the telephone carriers. The User must consult his/her own carrier to determine whether or not a surcharge applies.
4. Use of Services by Minors
When the User is a minor, he/she states that he/she has received permission to use the Services from his/her legal guardian(s), and that said legal guardian(s) has/have agreed to ensure that the minor User abides by the GCU. Any usage of the Services by a Minor user is the full responsibility of said User's legal guardian(s).
This Site offers pornographic and violent Content that may harm the physical, mental, or moral development of minors. Such Content is forbidden to minors under the age of 18; viewer discretion is advised.
The User is duly informed that he/she may set access controls restricting certain Services or Content available on the Site. Parental controls are set from the website www.mobiclip.com, particularly when a login and password are created, and when the User's playlist is configured.
5. Usage Agreement
The User agrees:
- to not download Content without obtaining prior written consent from the User which placed said Content online;
- to not use the Services for illegal purposes;
- to make no commercial use of the information, services, and content provided on the Site;
- to make use of the Content in a private, free-of-charge setting;
- to not collect or store personal data pertaining to other Users;
- to not harass one or more other Users in any way whatsoever;
- to not hinder or disrupt the operation of the Services;
- to not harm the reputation, privacy, or image of a third party in any way whatsoever;
- to not enable third parties to obtain pirated programs, or any program that may harm the rights or property of third parties in any way whatsoever;
- to not harm the intellectual property rights of any person whatsoever.
6. The User's Personal Pages
The User alone is responsible for the selections made for his/her personal pages. The User is fully responsible for viewing and removing Content on these personal pages.
IV - SPECIAL CONDITIONS PERTAINING TO THE UPLOADING OF CONTENT BY THE USER
1. Description of the Service:
As part of the Services offered by ACTIMAGINE, the User may, via his/her mobile terminal, download audiovisual or multimedia Content and transfer them onto the Site, particularly into the User's personal pages or onto community pages.
The User accepts and agrees that the Content recorded in this manner shall be in a specific format, whose technology is the sole property of ACTIMAGINE. These programs may then be played solely using a special player devoted to that format type.
ACTIMAGINE strongly recommends that the User save the Content thereby transmitted on a storage medium other than the Site. ACTIMAGINE disclaims all responsibility in the event that programs transmitted to the Site in this manner are lost or deleted.
2. Responsibility and Guarantee by the User Regarding the Content He/She Submits:
With respect to the Content submitted by the User, said User is expressly prohibited from:
- sending, distributing, displaying, uploading, saving, or placing online any illegal, harmful, violent, threatening, abusive, harassing, defamatory, damaging, or otherwise objectionable content;
- attempt to mislead other Users by assuming the name or corporate designation of other persons;
- sending, distributing, displaying, uploading, saving, or placing online information or content, in whole or in part, which is not in the public domain or which infringes upon the rights of a third party, or for which the User has not been granted full or partial rights or authorization to reproduce, distribute, upload, or place on the Site;
- falsifying headers or manipulating the login in any other manner, in order to hide the true origin of the Content;
- sending, distributing, displaying, uploading, saving, or placing online any unauthorized Content, or Content which is intentionally incorrect due to a legislative or regulatory provision, or with respect to a legal or contractual transaction;
- sending, distributing, displaying, uploading, saving, or placing online (without this list being exhaustive) computer viruses or any other code or program designed to disrupt, destroy, slow down, or limit the operation of any software, computer, or telecommunication device.
The User accepts and agrees that he/she alone is solely responsible for all Content that he/she displays, transmits, publishes, downloads, or submits, both with respect to ACTIMAGINE and to third parties. If any doubt exists, the User agrees to not display, transmit, publish, download, or submit the Content.
3. License and Guarantee by the User Regarding the Content Submitted to the Community Pages:
By submitting, transmitting, displaying, or publishing Content on the Community Pages of the Site, the User agrees to grant ACTIMAGINE a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, translate, publish, depict, display, and distribute said Content in any medium possible, and to do so as part of the execution, distribution, promotion, and updating of its Site or its Services.
The User accepts and agrees that this license includes ACTIMAGINE's right to make said Content available to other Users or other third parties, and to use it in conjunction with the providing of said Services. The User expressly waives his/her right to have his/her authorship be displayed on his/her Content.
The User agrees and warrants that he/she holds all rights, authorizations, and authority needed to grand the aforementioned license to his/her Content and to the component elements thereof.
If any doubt exists regarding the ownership or ability to grant such a license, the User agrees to not display, transmit, publish, download, or submit the Content at issue.
4. ACTIMAGINE's Right of Removal:
ACTIMAGINE reserves the right, at its sole discretion, to refuse, move, or alter any Content (without any obligation to do so), particularly for reasons of safety or desirability.
Furthermore, in consideration of the foregoing, ACTIMAGINE or any person or entity it may designate shall have the right to delete or remove any User's Content that violates the provisions set forth herein and/or violates the regulation in force and/or is objectionable for any other reason.
ACTIMAGINE agrees to remove from its Services or from its Site within 8 days any Content following an ordinary written request addressed by a third party to ACTIMAGINE, provided that the requesting party is capable of demonstrating incontestably and with certainty that it is the sole rights holder of said Content, or that said Content infringes on the rights of a third party.
V - PARTICULAR CONDITIONS FOR SELLING OR LEASING PROGRAMS
1. Order(s)
The ability to order Programs over the Internet or via a mobile telephone or memory card is reserved for registered Users who have acknowledged the GCU in their entirety prior to their order, and have accepted them without reservations.
Any order constitutes full and total acceptance hereof.
Prior to the approval of his/her order, the User must fill out the form provided for that purpose in order to inform ACTIMAGINE of the data needed to process his/her order (pseudonym, password, validated e-mail address, and if applicable, bank information). For purchased via memory card (UNLOCK System), the User must also indicate his/her card's brand and model on the Site.
In all cases, once the order process has been completed, as evidence by a page summarizing the completed order, the User is capable of changing the information transmitted, or to correct any errors made during data entry.
On the order summary page, the User may choose to confirm or cancel the order that has been placed. Once the order has been confirmed, it becomes firm and final.
ACTIMAGINE shall immediately electronically send the User an acknowledgement that the order has been received. This approval by the site's computer system constitutes mutual agreement to the sale contract. The User agrees to pay the sale price.
The User agrees and accepts that certain Programs ordered in this manner may be viewed and downloaded via a dedicated player in ACTIMAGINE's special proprietary format.
The full payment of the price is made when the order is placed, provided that authorization to debit the User's account with competent payment centres had previously been obtained. In the absence of prior authorization, the order may not be accepted.
An invoice is immediately sent to the User's e-mail address.
ACTIMAGINE reserves the right to cancel or refuse any order placed by a User with whom a dispute exists regarding the payment of a previous order.
The purchase order and invoices are logged on a reliable, durable storage medium, which may be produced as evidence.
2. Pricing
The Price in force is the one indicated on the Site or the purchase order in force on the day of the order.
The Price indicated is in Euros, and it takes into account the VAT that applies on the day of the order, and any changes to the VAT rate in force shall automatically be reflected in the prices.
The Price shall depend on the Program selected, and potentially on the number of Program(s) ordered, as well as on any particular conditions which the User may fulfil on the day of the order. ACTIMAGINE reserves the right to change its prices at any time, and agrees to apply the rate in force which had been indicated on the Site to the User at the time his/her order was confirmed.
Communication fees related to the user of the Services shall be borne by the User.
3. Payment Methods
3.1 Payment by Bank Card
ACTIMAGINE accepts payment by payment card or credit card indicated at the following address: (to be specified) under the following conditions:
The payment shall be made either by bank card or by payment card via the company known as BIBIT and its services. For that purpose, the User must submit his/her name and bank information, i.e. the number of his/her card, its expiration date, and its verification code. The User must abide by the conditions and payment terms provided for by that company, which are accessible on the website www.bibit.com, in order for payment to be accepted.
The User recognizes that submitting information pertaining to his/her bank card constitutes authorization to transfer funds from his/her bank account to ACTIMAGINE, up to the total amount of his/her order, all fees and VAT included.
If the credit or payment card is declined for any reason whatsoever, this shall cause the contract to be terminated by operation of law, and shall cause the download and sale to be refused.
The User will receive a confirmation e-mail once the payment has been approved. In no event may ACTIMAGINE be held liable for the payment approval time.
For added security, the User's financial information is not saved in full by ACTIMAGINE, which makes use of a stable, secure online payment tool.
ACTIMAGINE has opted for SSL (Secure Sockets Layer) encryption technology, which encrypts the information in order to protect all the data related to the User's financial information.
3.2 Payment by SMS
The User may also opt for payment by SMS. To do so, he/she need only select this mode of payment by clicking on "SMS".
The User must then dial the SMS number indicated on the Site, enter the private code that will be sent to him/her, and approve it. He/she will then immediately receive the link to download the ordered Program, and at the same time, by e-mail, will also receive a confirmation that his/her order has been taken into account on the Site, which also includes the link to download the ordered Program.
3.3 Payment by prepaid cards
Prepaid cards represent a value in Euros, and may only be used on the Site "mobiclip.com".
To credit his/her account with the amount of the prepaid card, the User must enter the single-use secret code sent when said card is paid for, in order to credit his/her account with the corresponding amount of funds.
The credit added to the account in this manner may be used immediately, with no expiration date.
4. Delivery of the Program by Digital Transmission
Once payment has been made, the User may, depending on the form selected:
- view the ordered Program live on his/her portable terminal,
- view and download the Program onto his/her portable terminal,
- download the Program onto his/her portable terminal.
If for any connection-related reason whatsoever the User is unable to view or download the ordered Program, he/she may log in to the help forum found at the following address: www.mobiclip.com
If the problem persists, the User may send an e-mail to the following address: support@mobiclip.com.
5. Use of the Program
The Programs ordered by the User or available on the Site are protected by national and international law, particular with respect to copyright and neighbouring rights.
The User is entitled only to make personal use of these Programs, in a manner strictly limited to the form selected at the time of the order. Any other use is strictly prohibited.
Consequently, the User is, in particular, prohibited from recopying, selling, transferring, renting out, exchanging and/or misrepresenting it by any means whatsoever, particularly through violation of the management or safety rules pertaining to the ordered Programs.
Should the User fail to comply, he/she shall be at risk for the criminal and/or civil penalties imposed by the applicable legal instrument.
As a reminder, "Digital Rights Management" or DRM designates a system for protecting digital files in a manner that makes it possible to control their usage. Its purpose is to offer the User maximum flexibility in the usage of the downloaded recordings, while protecting the rights holders of said Programs.
The User therefore agrees to neither bypass nor contravene the digital file protection system required for the usage of the Service, nor to encourage third parties to perform such deeds.
6. Recovery and Termination
In light of the irreversible nature of the electronic delivery of the audiovisual Programs, in the event that the user who has downloaded or viewed the Program(s) of his/her choice is revealed to be insolvent or has submitted incorrect bank information, ACTIMAGINE reserves the right to recover the amounts owed by any legal means at its disposal.
ACTIMAGINE reserves the right to modify or to temporarily or permanently interrupt all or part of the Program(s) at any time, particularly in the event of:
- violation or presumed violation of intellectual property rights in any way whatsoever by the User,
- insolvency on the part of the User,
- fraud or presumed fraud by the User towards ACTIMAGINE or one of its partners
- failure by the User to fulfil any of his/her obligations whatsoever pursuant hereto.
ACTIMAGINE makes no commitment to maintain permanent, continuous access to the Programs, based on the requirements of the Programs' rights-holders.
7. No Right of Retraction
Pursuant to Article L 121-20-2 of the French Code de la Consommation, arising from ordinance #2001-741 dated August 23, 2001, the legal 7-day period for retraction does not apply hereto.
As the rental or purchase of the Programs are delivered and executed immediately, the User therefore may not enjoy the right to retract or request any refund whatsoever, which he/she expressly recognizes and accepts expressly by accepting the GCU.
VI- MISCELLANEOUS
1. Intellectual Property Rights
The content, particularly the text, software, audio documents, films, animations, photographs, and drawings which appear or are available on the Site are protected by intellectual property rights, and any claim to copyright and intellectual property rights over them are reserved worldwide for their respective rights holders. Thus, the User agrees, without this list being exhaustive, to not use, reproduce, depict, distribute, adapt, or borrow the content of the Services protected by intellectual property rights, without the express authorization of the copyright holders.
In accordance with the provisions of the French Code de la Propriété Intellectuelle, only private use under different or more restrictive provisions of the Code de la Propriété Intellectuelle is authorized.
Any reproduction of the site and/or its elements, in whole or in part, for any purposes other than its intended use is strictly prohibited. Any resale, exchange, or rental of the files, or their transfer to a third party, is strictly prohibited.
The options to burn a copy or transfer files, where such options are possible, do not constitute a waiver by the rights holders of their rights to the delivered files.
In the event that the content accessible on the Site includes indications of identification and/or technical means for controlling and restricting use, or for protecting third parties, the User agrees to not contravene these indications or means, nor to modify or remove them.
The User also agrees to not attempt to bypass or modify the software needed for the usage of the Service, and to not violate these conditions, nor to interfere with, modify, or remove any information pertaining to the nature of the rights to the products, nor to encourage or assist third parties in performing such deeds.
2. Trademarks
The marks which appear on the Site are registered trademarks of ACTIMAGINE and/or its partners. Any reproduction or usage of these trademarks without the express authorization of ACTIMAGINE and/or its partners is strictly prohibited.
3. Updating Personal Data and Security
The personal data gathered regarding the User (information such as his/her last name, first name, mobile terminal model, e-mail address, year of birth, etc.) is processed digitally. The optional information is intended to better know the client, and thereby to improve the services offered to him or her.
ACTIMAGINE may send commercial information enabling the User to learn more about ACTIMAGINE's services, or may cause such information to be sent by its service providers, by postal mail or e-mail.
Depending on the choice made by the User at the time his/her account was created or consulted, ACTIMAGINE reserves the right, unless otherwise stipulated by the User, to make use of said information and to submit it to third parties, particularly market research firms and survey institutes, and to do so solely for the purposes of research and analysis conducted for ACTIMAGINE.
In accordance with the provisions of French Law #78-17 dated January 6, 1978, the User has a right to access them as well as an right to additional information, and a right to correct and, if applicable, object to the data pertaining to him/her.
At any time, he/she may object to their being communicated to third parties.
He/she may exercise his/her rights by sending a letter or e-mail noting his/her last name, first name, and telephone number, attaching a copy of proof of identity to the following address:
ACTIMAGINE,
MOBICLIP SUPPORT
128, rue de Rivoli
75001 PARIS
or
support@mobiclip.com
ACTIMAGINE may be obligated to disclose any information pertaining to the User in order to abide by any Law or Regulation in force, or to respond to any legal or administrative request.
4. Relationships with Partners and Advertisers
Any commercial relationships whatsoever that the User may hold when using the Services, with ACTIMAGINE's partners or the advertisers found on the Services, are carried out directly with said partners or advertisers, without ACTIMAGINE being party to these relationships. Consequently, ACTIMAGINE may not be held responsible for any harm that may befall the User resulting from his/her relationships with ACTIMAGINE's partners or advertisers.
5. Cookies - Data Storage
ACTIMAGINE automatically collects information pertaining to the User, with the help of cookies used to track the pages he/she browses within the Site. Cookies are alphanumeric identifiers which enable ACTIMAGINE to recognize this browser, and thereby to offer the User more innovative and attractive features.
6. Guarantee
The User agrees to indemnify and hold harmless ACTIMAGINE against any action brought against it or complaint filed against it by a third party, owing to the usage by the User, or under the control of his/her login and password, of the Services, under conditions which are non-compliant with the GCU. This guarantee covers every amount of money that ACTIMAGINE may be obligated to pay for any reason whatsoever, including all lawyers' fees and legal fines that may be handed down, within reasonable limits.
7. Limitation of Liability
ACTIMAGINE grants no express or implicit guarantee regarding the availability, or the timely, current, reliable, and useful nature of the Services and Content.
Without prejudice to any regulation that may apply, ACTIMAGINE may not under any circumstances be held liable for any incidental or indirect accessory damage whatsoever suffered by the User owing to the use of the Services if said damage is caused, in whole or in part, by action or omission on the part of the User and/or any third party.
Furthermore, it is expressly understood that ACTIMAGINE may not in any way be held liable for any damage whatsoever suffered by the User and/or any third party owing to:
- any technical incompatibility whatsoever with the Programs made available by ACTIMAGINE and his/her audiovisual or multimedia equipment.
- any unavailability of the Site or the Services whatsoever, with the User expressly recognizing that this availability depends on factors outside of ACTIMAGINE's control,
- any unavailability or incompatibility of a Content or Service offered on the Site,
- Content viewing time,
- malicious intrusions that may harm its servers, notwithstanding the precautionary measures taken by ACTIMAGINE to protect its servers and the data they contain.
More particularly, ACTIMAGINE may not be held liable for:
- any malfunction whatsoever occurring when a Content is viewed and/or downloaded,
- the viewing quality, said quality depending entirely upon technical data (capacity, Internet access, memory, the mobile terminal, software, etc.) beyond ACTIMAGINE's control,
- hypertext links pointing to other sites.
In the event that ACTIMAGINE's liability is recognized, ACTIMAGINE's total liability to the User hereunder may not under any circumstances exceed the amount actually paid to ACTIMAGINE by user for placing his/her orders during the calendar year when the event causing the damage took place.
8. Force Majeure
The fulfilment by the parties of all or part of their obligations hereunder (except for any obligation to pay any amount of money whatsoever) shall be suspended in the event of a fortuitous event or an event of force majeure which would prevent or impair the fulfilment thereof. Said event may particularly include war, riots, insurrection, social unrest, strikes, supply problems, or problems with access to ACTIMAGINE's website. In such a case, the party unable to fulfil its obligations shall make its best efforts to resume the fulfilment of its obligations as soon as possible.
9. Miscellaneous
Failure by one of the parties to claim that the other party has breached the obligations set forth herein may not be interpreted as a relinquishment of the right to claim breach of the obligation at issue, or any other obligation, in the future, under identical or different circumstances.
If one of the clauses hereof is deemed null and void, it shall be held to be unwritten and shall not nullify any other clauses.
10. Naming of Jurisdiction
The GCU are subject to French law. Subject to the regulation in force, any dispute that may arise in the interpretation or fulfilment of the GCU shall fall under the sole jurisdiction of the tribunals of Paris.
11. Saving the General Conditions of Use
In accordance with the provisions of article 1369-1 of the French Code Civil, the GCU may be saved by any person visiting the Site by means of storage on a digital medium, and may furthermore be reproduced by that Internet user, by means of being printed.
12. Service Publisher
In accordance with article 6 III 1 b) of French Law 2004-575 dated June 21, 2004, amended by Law 2006-64 dated January 23, 2006, the Service Publishers are named as follows: ACTIMAGINE
ACTIMAGINE - SAS au capital de 300 000 euros
SIRET 447 993 445 00025 - NAF 6201Z - TVA FR 48 447 993 445 00025
Siège social 128 rue de Rivoli 75 001 PARIS