This agreement rules your use of http://modepass.com, all its declinations or others URL linked with the same support, including and without restriction, upstream and downstream downloadings of pictures or other audiovisual, multimedia and sound works on or from the website http://www.modepass.com, the access to services offered by or through the website, all declinations and trackback, and the mentioned services and uses designated later on as the website.
1 Description of the website
Modepass.com is an original and innovating website which contains many multimedia datas, exchange services such as photography, videos, musical and sound datas. The hosted services allow to users to view, listen, access, put on line, store, share and broadcast multimedia datas on one or the other subwebsite hosted by Modepass.com.
Modepass.com reserves the right to insert advertising datas in addition to datas broadcasted by users called « Modepassnautes ».
2 Intellectual property
The « Modepassnaute » admits to be the owner of intellectual property rights linked with datas put on line. At least, he’ill have to be sure to be allowed to put on line these elements. He’ll have to accept the entire responsibility of his broadcastings et will be the one to answer to possible protests of wronged third party.
Modepass has no rights above elements put on line except those broadcasted or communicated for the need of the website functioning. As soon as the “Modepassnautes” make the content accessible to other users (individually and collectively), they accept that these one use freely and personally the faculty to view, listen and share this content on or from the website, on others electronic communication aid (in particular mobile phones) during all the period in which the content will be hosted in the website.
None commercial exploitation of contents put on line is allowed without unambiguous prior agreement of owners moral and material rights linked with concerned works.
The architecture, tree diagram and the headings of the website are protected by author and specific rights as regards to intellectual property. These protections concern in particular all texts, graphs, logos, names, brands, designation, tabs, functionalities, pictures, photographie and all equipments and softwares (“Modepass content”).
In addition, it is totally forbidden to modify, edit, translate, break down or create one or many works derived from Modepass content (all or part) without the express prior agreement of Modepass.
3 Modepass Responsibility
Modepass hosts headings subtitles and is legally not obliged to supervise content transmited or stocked through the website. The only ones obligations as hoster are linked with the fight against some content according to the procedure described in the heading “ Point out a content”, the protection of log in datas which are protected by professional secrecy and processed in the respect of legal provisions as regards to personnal datas and the withdrawal of all illicit contents after respect of applicable legal and regulation provisions.
4 Users Responsabilities
By providing content on the website, « the modepassnaute » have to respect current legal and regulation provisions. He’ll have to verify that the broadcasting and the storage of that content on the website won’t be a violation of intellectual property right of a third party (in particular videos, tv shows, full-length film, medium, length film, short film, advertising that you haven’t produced personally or for what you don’t have your disposal for required authorization of third party, collective management firms, owners of rights of those elements), a breach of person ( in particular libel, insults…), invasion of privacy, breach of the peace and contrary to proprieties (in particular praise of crimes against humanity, racism, pedophilia…). By putting on line this content on the website, the user guarantees that he is in possession of all the required authorizations from concerned assignees and he is discharged of all rights and payments owed for that use or exploitations.
The user is the only one to incur specific penal punishments linked with litigious content in addition to the eventual sentence to pay damages.
Modepass is a community website and so as to respect each other sensibilities, users have to keep some ethic as for videos, comments put on line and in particular they have to refrain for broadcasting violent or pornographic content.
5 Registration and Access
So as to benefit to the website’s functionalities, the user have to create his own profile with provided forms on line. The user has the possibility to modify at any time the contents of his personal datas communicated for that occasion.
The validation of the registration forms leads to the sending of an e-mail on the user electronic mail to confirm his registration. The access to user’s account can be made by data input : password, user identification. The user is the one to guarantee their confidentiality.
Modepass reserve the possibility, at any time, to close a user’s account by e-mail in return for a reasonable period of notice.
In case of no respect of those inherent obligations to user’s responsibility, the access to the user’s own space can be immediately and without period of notice, temporarily or definitely suspended or deleted by the disabling of his account without damages on the others rights of Modepass.
6 Content Posted on the website
The website is available 24/24h, 7/7 days, except for programmed (or not) interruption needed for its servicing or in case of absolute necessity. Submitted to and obligation of aid, Modepass can’t be responsible of all or part of damages linked with a temporarily or permanent unavailability of the website.
7 Keeping and Filing
Computerized registers kept in accordance with security standards in Modepass systems will be considered as proves of e-mail transmission, sending of registration forms, downloadings of contend or post of comments. The filing of registration forms is done on an aid which guarantees faithfulness and durability of all current legal provisions. It is agreed that in case of divergence between Modepass’ internal computerized registers and documents in paper or electronical format owned by the user, only computerized registers of Modepass will be evidence.