User : refers to the natural or legal person accessing the Services as a content contributor and / or holder of a personal account;
Visitor : refers to the natural or legal person accessing the Services offered by AETHER for the sole purpose of consultation;
AETHER : publisher of Services;
Service (s) : designates one or all of the online services provided by AETHER from the website "Purespace.club, Purespace.services, Purespace.mc, aether.mc" in particular, and without this list being exhaustive, data and information hosting, data and information publication tools, research, communication, data access and recovery, access to a communication network for Visitors and / or Users;
Username: designates the pseudonym (pseudo), as well as any confidential code or password chosen by the User or assigned by AETHER and allowing the User to identify himself in order to access the Service (s).
Personal Account or AETHER Account: refers to the personal data relating to a User, including in particular his Identifiers, the registration of which is necessary to access all the functionalities and the Service (s).
Registration: refers to the online registration procedure that the User must complete in order to be able to access the Service (s). This Registration leads to the creation of the User Identifiers and Personal Account.
Online registration : refers to the request for registration to the Services made by means of a remote server and accessible by the standard HTTP network.
Purespace Network: refers to all the websites and web pages hosted by AETHER.
1.1 The purpose of these General Conditions of Use (GCU) is to define the conditions under which Users and Visitors can access and use the Services.
1.2 Anyone who accesses the Services offered by AETHER undertakes to fully comply with these conditions of use, which may for certain services be supplemented by Special Conditions of Use (CPU) which will be presented beforehand to the User for acceptance before possibility of access to the Services.
1.3 Anxious to take into account the evolutions of its platform, AETHER reserves the right to modify at any time these General Conditions of Use and the Special Conditions of Use in order in particular to take into account any legal, jurisprudential, editorial and / or technical. The latest version of the General Conditions of Use, only applied by AETHER, is permanently available at: purespace.club/mentionslegales. The same applies to the Special Conditions of Use accessible online at the address of the Service concerned. All Users and Visitors are therefore required to refer to their version accessible online on the date of their access to any of the Services.
1.4 Access to the Services being "open", any Visitor or User accessing them irrevocably undertakes to be aware of the AETHER T & Cs.
1.5 The User is expressly informed that the only authentic version of the General Conditions of Use of AETHER's online services is the one found online on the AETHER.info site, which he recognizes and accepts without restriction. , committing to refer to it systematically during each connection.
2.1 AETHER manages and offers its Users an interactive platform, which includes, without this listing being considered exhaustive, hosting services for editorial content, information, referencing, services, wikis, e-mails, videos, comments.
Access, consultation, use, creation and hosting of digital content is currently made possible by the Web and certain Internet applications.
The purpose of this contract is to set the general terms and conditions under which, on the one hand, AETHER makes its platform available to the User; and on the other hand, the User accesses and uses the Platform Services.
2.2 AETHER provides direct or indirect hosting of the Services, but is in no way responsible for their Content and their use by Users. AETHER cannot be held responsible for the use which would be made of the Services by the Users. In particular, AETHER cannot in any way be responsible for the Content displayed, put online, sent, received or transmitted by Users.
2.3 The User acknowledges being informed and accepting the fact that AETHER cannot be, in any capacity, or in any form whatsoever, held responsible for the creation, deletion, failure to deliver or store digital data or personalized installations of Users, placed under the sole and entire responsibility of the latter.
2.4 The User acknowledges that his use of the Service is at his own risk. The Service is provided to him on the basis of an “as is” service and accessible according to its availability. AETHER does not provide any express or implied guarantee, including, without this enumeration being exhaustive, the guarantees relating to the quality and the compatibility of the Service for a specific use, and to the non violation of the rules of use of the Service. by its Users.
2.5 No advice or information, whether oral or written, obtained by the User from AETHER or during the use of the Services is liable to create any guarantees not expressly provided for by these T & Cs.
2.6 The Services are accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of AETHER and subject to maintenance periods and possible breakdowns.
2.7 The transfer rates and response times of information circulating from the AETHER platform to the INTERNET are not guaranteed by AETHER. In fact, the speed of information circulation does not depend on the access service offered by AETHER, but on the characteristics inherent in online networks relating to the technical means of absorbing the traffic generated.
2.8 AETHER does not provide any personalized assistance or “hotline”. Users may, however, send comments on the Services to AETHER via forums or forms available online without this creating an obligation for AETHER to respond or process.
3.1 Access to the Services is subject to the User having a computer and an Internet connection. The equipment (computer, telephone, software, means of telecommunications, etc.) allowing access to the Service are the sole responsibility of the User, as are the telecommunications costs incurred by their use.
3.2 As part of his online registration and in particular for the purpose of using AETHER's services under normal conditions, the User may be required to provide information about himself (in particular, an e-mail address, his name , first name, address) in particular via the Services registration form. In accordance with article 6-II of law n 2004-575 of June 21, 2004 on confidence in the digital economy, the User undertakes to provide true, exact, up-to-date and complete information (it is the responsibility of the User to keep this information up to date). In particular, he undertakes not to create a false identity likely to mislead third parties. Failing that, AETHER reserves the right to suspend or terminate its personal account without delay and, where applicable, to deny it access to all or part of the Service.
3.3 After validation of the General Conditions of Use and the creation of his Personal Account, the User receives a first e-mail in his personal messaging system, returning his username (pseudo) and must then validate his Registration by clicking or copying in his browser the temporary and personal URL address that will have been assigned to him. From then on, the User will be able to identify himself and have access to the administration / management interface of his content. Following the validation of his registration, the User receives a second email confirming the opening of his Personal Account.
3.4 Once registered, Users can access the Services directly attached to the T & Cs, namely forums, profiles, surveys, messaging services, social groups, wikis, as well as edit and host their Content, by connecting to AETHER.mc s 'they have access to the Internet through a computer.
3.5 The rights to access and use the Services are non-exclusive and non-transferable rights, whether for free or for a fee. The User who holds a Personal Account is characterized by mutual agreement between the User and AETHER, by an identifier and a password, entrusted by AETHER and placed under the responsibility of the User.
The User undertakes to keep the constituent elements of his Identifier secret and not to disclose them in any form whatsoever. If one of the User's identification elements is lost or stolen, the latter must immediately inform AETHER, which will then take the necessary measures.
3.6 Any connection or transmission of data made from the User ID will be deemed to have been made by the latter. Safeguarding the confidentiality of the password entrusted to the User is the responsibility of the latter.
In this regard, the User is required to ensure that at the end of each session he explicitly disconnects. Any loss, misappropriation or unauthorized use of the Username and / or password and their consequences are the responsibility of the User.
3.7 The validity period of a Personal Account is 365 (three hundred and sixty-five) days from the date of the last connection to the Personal Account. Beyond this period, the Personal Account may be automatically terminated without any claim or prosecution being able to be initiated. The Identifier may be redistributed to whoever requests it without recourse from its previous User.
3.8 The User acknowledges AETHER's right to terminate all or part of the right of access corresponding to his Personal Account and password, or even to delete his Personal Account and password, as well as the right to withdraw or to move any Content on the Service, in particular because of the lack of use, or if AETHER has valid reasons or presumptions to consider that the User has violated or acted in contradiction with the letter or the spirit of these Conditions of Use.
AETHER may also unilaterally and at any time interrupt the provision of the Service without compensation of any kind. The User acknowledges that any termination of his access to the Service under the terms hereof may occur without prior notice, and he acknowledges and accepts that AETHER is entitled to deactivate or delete at any time and with immediate effect his Personal Account. and any folder or file in this Personal Account and / or prohibit any subsequent access to these files or to the Service. In addition, the User acknowledges that AETHER cannot be held responsible against him or against third parties for any termination of his access to the Service.
3.9 AETHER may be required to interrupt the service or part of the Service for maintenance reasons, without the right to compensation.
3.10 AETHER assumes the role of a passive transmitter for the distribution and transmission of inter and intra-User data. Under no circumstances can AETHER be held responsible for the Content of messages distributed and transmitted.
4.1 The User declares and acknowledges being aware that all information, data, texts, software, music, sounds, photographs, images, videos, messages or any other material (hereinafter and hereinafter collectively referred to as the "Content") whether they are made known to the public or transmitted privately, are the sole responsibility of the person or persons who issued this Content. The User alone, and not AETHER, is entirely responsible for the Content that he displays, downloads, sends by electronic mail (hereinafter “E-Mail”) or transmits in any other way by the Service.
AETHER exercises only partial control over the content transmitted via its services and consequently cannot guarantee its timeliness, lawfulness, integrity or quality.
In any event, AETHER cannot be held responsible for Content not brought to its attention, in particular for the illegal nature of the Content with regard to the regulations in force, error or omission in any Content for any loss or damage resulting from the use of any Content displayed, transmitted by E-Mail or in any other way via the Service.
4.2 AETHER grants, on a personal basis to the User, the non-exclusive and non-transferable right to use the Services or software on a compatible terminal (telephone, computer), it being specified that, except with the express authorization of AETHER, it is prohibited for him (and that he may not grant permission to others) to copy, modify, create a derivative work, reverse the design or assembly or in any other way attempt to find the source code (except in the cases provided for by law), sell, assign, sub-license or otherwise transfer any right in the Services or software. The User undertakes not to modify the Services or software in any way or not to use modified versions of the Software and Services and in particular (without this enumeration being exhaustive) with a view to obtaining unauthorized access to the Service.
4.3 In general, and without this list being considered exhaustive, the User refrains from:
+ downloading, sending, transmitting by e-mail or in any other way any Content that is illegal, harmful, threatening, abusive , constituting harassment, defamatory, obscene, threatening to the privacy of others, hateful, racist, or otherwise objectionable;
+ harm in any way minor Users;
+ transmit any Content that could be constitutive, without the following being limiting, of incitement to the commission of crimes and offenses; of incitement to discrimination, hatred or violence on the grounds of race, ethnicity or nation; defending Nazism, contesting the existence of crimes against humanity or recognized genocides, false news, as well as any Content intended to display or sell prohibited objects and / or books; infringement of the authority of justice; information relating to the adoption, trial, suicide of minors, or an individual tax situation; broadcasting outside the authorized conditions of polls and simulations of votes relating to an election or a referendum; defamation and insult; invasion of privacy; or an act endangering minors, in particular through the production, transport and dissemination of messages of a violent or pornographic nature or of a nature likely to seriously undermine human dignity;
+ attempt to mislead other Users by usurping the name or corporate name of other people and more particularly by pretending to be an employee or an affiliate of AETHER or a moderator;
+ forge headers or otherwise manipulate the Identifier so as to conceal or forge the origin of the Content transmitted via the Service;
+ download, display, transmit by e-mail or in any other way any Content that the User would not have the right to disseminate by a legislative measure or a legal act (in particular internal, privileged, confidential information learned or disclosed in the framework of an employment contract or a confidentiality agreement without this enumeration being exhaustive);
+ download, display, transmit by e-mail or in any other way any Content that violates any patent, trademark, trade secret, intellectual property right or any other property right belonging to others;
+ download, display, transmit by e-mail or in any other way any unsolicited or unauthorized advertising or promotional material (in particular engaging in "spam", the transmission of "junk mail", chain letters or any other form of solicitation);
+ download, display, transmit by e-mail or in any other way any Content including computer viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, computer, or telecommunication tool without this enumeration is not exhaustive;
+ hinder or disrupt the Service, servers, networks connected to the Service, or refuse to comply with the required conditions, procedures, general rules or regulatory provisions applicable to networks connected to the Service;
+ harass in any way whatsoever another or several other Users;
+ collect and store personal data relating to other Users;
+ request the exchange, sale or purchase of pornographic and / or illegal materials, including photographs, films, videos and images that are realistic or not, this list not being exhaustive;
+ reference or give access to sites in contradiction with these.
4.4 The User declares and acknowledges that AETHER can view the Content before it is broadcast. AETHER reserves the right, at its sole discretion (without this constituting an obligation) to refuse or move any Content available through the Service. In addition, AETHER will be entitled to delete or withdraw any Content that would violate the terms hereof and / or the regulations in force and / or would be reprehensible in any other way. The User also declares and acknowledges that he must exercise good judgment, and bear all the risks relating thereto, in the use he makes of the Content and in particular when he relies on the advisability, usefulness or the completeness of this Content. Consequently, the User acknowledges that he can not trust either the Content hosted by AETHER or the Content submitted to AETHER.
4.5 The User declares and acknowledges that he accepts that if AETHER protects the Content, AETHER may be required to disclose it in order to comply with the laws in force or if, in good faith, AETHER believes that such a measure is necessary in the context of a legal proceedings, to enforce the Conditions of Use of the Service, to respond to complaints alleging the violation of the rights of third parties (to protect the rights or interests of AETHER, its Users or the public).
5.1 AETHER offers the user various possibilities to make available to the public information, data, databases, texts, links, videos, news or other material ("Content") and exchange them with other people (for example by e-mail).
5.2 The User is solely responsible for his content and its distribution through the Services and he guarantees to have the rights necessary for this distribution. No responsibility lies with AETHER.
The content created and distributed via the Services by the User and other Users only reflects their opinions or points of view and in no case those of AETHER.
Consequently, AETHER can in no way be held responsible for the accuracy, nature or relevance of the messages, information or comments disseminated via the Services by the User and other Users.
In particular, the use of information, messages or data of any kind available through the Services is the sole responsibility of the User and the decisions or actions that he would be led to take or take in consideration of those -ci can not engage any other responsibility than that of the User.
The User is the sole judge of the completeness, correctness, relevance and usefulness, for you, of the content consulted and you therefore oblige to use the Services with discernment and to bear the risks arising therefrom. .
5.3 All Content published on AETHER (accessible directly or indirectly) is the property of their respective authors and made available to the public for simple consultation. All of these publications are therefore protected by copyright.
Any reuse of the Content is therefore, in principle, strictly prohibited without the express consent of their respective authors.
5.4 AETHER reminds the User that several Services contain spaces accessible to the public and that, consequently, the personal information that he mentions in his messages or content on these services may be consulted and used by third parties. AETHER strongly recommends that the User, therefore, never communicate or disclose such information on these public spaces.
The User is also informed that the identity of the people with whom he will communicate via the Services and in particular via messaging or forums is never certain. It is therefore up to the User never to disclose personal information or information likely to allow contacting you during these communications.
Any communication by the User of personal information concerning him on the public spaces offered via the Services or the communication tools made available to him will therefore be made under his sole and entire responsibility.
5.5 The User is informed that the messages, data and information that he may send or receive by using the service pass through the Internet. These messages are not protected and may be subject to interception or attempted interception by unauthorized third parties who may become aware of their Content. Consequently, AETHER warns the User that the communication of information such as in particular bank card number, address, telephone number, email, and more generally any sensitive or confidential data must be prohibited. This is the case even when this disclosure is requested by the person or persons with whom the User dialogues even if this person presents himself as being authorized by AETHER or any other company. In any event, such disclosure would be done at its own risk, without AETHER being held liable. No agent, employee or employee of AETHER is authorized to request from a User the following information in the context of the use of the Service by the User: last name, first name, address, credit card number, age of 'User.
5.6 In order to allow AETHER to make available to the public the content that the User has inserted or entered and so that these can be consulted as often as possible, the User grants AETHER the following distribution authorization specified. This authorization is limited to the publication, distribution and promotion of the contents or extracts of the contents of the User within the framework of or in connection with the services of AETHER and the AETHER Network.
By entering or inserting content for the purposes of publication and distribution within an AETHER Service accessible to the public, the User grants AETHER the right, free, non-exclusive, for the whole world and the legal duration of the rights relating to the content in question, to duplicate, transfer, make accessible to the public and represent, process, quote, integrate into collections and distribute the content as well as their extracts, on any telecommunications network, and in particular the Internet, whatever the infrastructures and communication protocols used.
5.7 AETHER is entitled to refuse any content entered or inserted by the User. In the event of serious suspicion indicating that content contravenes the legislation in force or these General Conditions of Use, in particular in the event of a serious protest from a person invoking the violation of his rights or damage, AETHER reserves the right to the right to block such content. As far as possible and reasonable, the blocking will be limited to the content in question. In the event that third parties claim that content constitutes or contains an infringement of the legislation in force, the blocking may continue until an out-of-court or judicial settlement of the situation. In such a case, the User will have the possibility to assert his position. In particular, AETHER reserves the right to remove content, if the police or judicial authorities so require.
5.8 The User remains solely responsible for any damage he may cause to another User or to a third party by using the Service.
6.1 The Internet pages of the Services may contain hypertext links to Internet sites published by third parties (hereinafter “Third Party Sites”) over which AETHER does not exercise any kind of control. AETHER assumes no responsibility for the content of Third Party Sites or the content to which Third Party Sites may link. The presence of hypertext links to Third Party Sites does not mean that AETHER approves in any way the content of Third Party Sites. AETHER is not responsible for any modification or update concerning Third Party Sites. AETHER is not responsible for the transmission of information from Third Party Sites, nor for their malfunction. These links to Third Party Sites are only offered to Users for their convenience. Users and / or Visitors are solely responsible for any transaction carried out with third parties, including advertisers, who appear on the web pages of the service, including with regard to delivery operations and payment for goods and services.
7.1 AETHER cannot be held responsible, or considered to have failed in these conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of Force majeure as defined by the jurisprudence of the courts. and French courts including the act of the Prince, the attack of computer hackers, the unavailability of materials, supplies, spare parts, personal or other equipment; and interruption, suspension, reduction or disruption of electricity or other or any interruptions of telecommunications networks, provided that the other party is promptly informed of the delay or failure, as well as the cause and of the expected delay.
8.1 These General Conditions of Use will be governed, interpreted and applied in accordance with French law. In the event of a dispute over the interpretation, the execution and the realization of any of the provisions hereof and in the absence of amicable agreement between the parties, the competent courts will be those of Paris to hear any dispute relating to these presents. , including, without this enumeration being exhaustive, its validity, interpretation, execution and / or termination and its consequences.
8.2 If a stipulation of these Conditions or the application of such a stipulation to the User or to AETHER is considered by a competent court to be contrary to an applicable law, the other stipulations of these conditions will remain in force and will be interpreted in such a way to give effect to the intention of the Parties as originally expressed. It is agreed that if a clause of these conditions is deemed null, the other clauses will retain their full effect.
9.1 Any complaint and / or dispute by the User against AETHER must be formulated in writing and sent to AETHER no later than 48 hours from the discovery of the generating event, under penalty of foreclosure.
9.2 Any notification made hereunder must be in writing and sent to AETHER's address. The User will take care to keep any acknowledgment of receipt. These notifications will take effect on the first working day following receipt by AETHER of the notification, unless technically impossible.
10.1 Publisher of services: AETHER, SARL with a capital of 35,000 euros whose head office is located at 29 bd de grande bretagne, 98000 Monaco.
10.2 Technical director: Mr. Jean CAPPA, manager.
10.3 Service host: Infomaniak.
11.1 The fact that AETHER does not take advantage of a failure or failure by the User to comply with any of its contractual or legal obligations cannot be interpreted as a waiver of the right to take advantage of this failure or breach. .
11.2 The fact that AETHER does not invoke a stipulation of the General Conditions of Use or of the Special Conditions of Use does not imply any waiver of the benefit of said stipulation.
12.1 Given the nature of their exchanges and in particular the dematerialization of their relationship, the parties agree that all the computer records in the AETHER information system will have, in the event of a dispute, the value of proof.
12.2 These General Conditions of Use and the Special Conditions of Use of AETHER online services, which they supplement, constitute the entire agreement between the parties relating to their subject matter. They cancel and replace any agreement, communication, declaration, proposal, prior or concomitant, written or verbal, relating to the same subject. These General Conditions of Use prevail over the CPUs associated with each service and any other document exchanged between the Parties, except for an express exemption previously accepted and established by AETHER.
13.1 These T & Cs and the CPUs will be governed by Monegasque law.
13.2 THE TRIBUNAL DE GRANDE INSTANCE OF Monaco WILL BE SOLELY COMPETENT TO KNOW ANY DISPUTE BETWEEN THE PARTIES CONCERNING IN PARTICULAR THE FORMATION, THE EXECUTION, THE INTERPRETATION, THE TERMINATION OR THE RESOLUTION OF THE PRESENT T & Cs AND the CPUs AND THIS INCLUDES FOR CONSERVATORY PROCEEDINGS, EMERGENCY PROCEEDINGS, IN CASE OF REFERENCE, WARRANTY CALL, COMPLAINT OR PLURALITY OF DEFENDANTS.