GRAPHCOMMENT SOLUTION : TERMS OF SERVICE AND SALE
« BASIC », « STARTER » ET « PRO » OFFERS
Updates March 2019
NOTE : THIS IS AN AUTOMATIC TRANSLATION OF THE FRENCH VERSION WHICH IS THE ONLY AUTHENTIC VERSION. PLEASE REFER TO THE ORIGINAL AT https://www.graphcomment.com/fr/conditions.html
The "GraphComment" © solution offers media site and blog publishers a commentary platform, aimed at developing the engagement of user communities and increasing their traffic. GraphComment allows, thanks to an innovative interface and algorithm, a reorganization of user comments, in order to highlight the most relevant comments and limit the influence exerted in this area by trolls.
The free or paid use of the GraphComment solution is subject to these general terms and conditions of sale and use.
The GraphComment solution is published by SEMIOLOGIC, a simplified joint stock company with a capital of 52250 euros whose registered office is located at 67 Cours Mirabeau, 13100 Aix-en-Provence, registered in the Aix-en-Provence Trade and Companies Register under number 790 715 726.
ARTICLE 1 - DEFINITIONS AND SCOPE
1.1. Definitions of the terms
1.2 Scope of application
These General Terms and Conditions shall automatically apply to the "Basic", "Starter" and "Pro" Offers of the Solution, proposed by SEMIOLOGIC. Subscribing to the "Basic", "Starter" and "Pro" Offers of the Solution implies the full and unreserved acceptance by the Publisher of these General Conditions.
SEMIOLOGIC reserves the right to modify and update the General Terms and Conditions without notice. To be informed of any such changes, SEMIOLOGIC advises the Publisher to consult them on a regular basis.
ARTICLE 2 - USE OF THE SOLUTION
2.1 Access to the Solution
Access to the Solution is subject to the prior creation, on the Site, of a Publisher Account on which the Publisher first provides information such as its name, and/or its company name and e-mail address, then, in a second step, the URL of the Publisher Site, and language preferences.
The login and password for access to the Publisher Account are strictly personal and confidential. The Publisher has the choice of appointing an Administrator, responsible for the use of its identification elements, as well as for actions on the "Basic" or "Starter" or "Pro" Offers of the Solution.
In case of loss or forgetfulness of his login and/or password, the Publisher and/or the Administrator has the possibility to generate new ones.
Once registration has been completed, and after validating the General Terms and Conditions, the Publisher may (i) access the "Basic" Offer of the Solution free of charge, by downloading and installing it on the Publisher Site, or (ii) place a paid order for the "Starter" or "Pro" Offer of the Solution under the conditions mentioned in Article 3.
2.2 GraphComment Offers
SEMIOLOGIC offers Publishers several Solution Offers:
ARTICLE 3 - SUBSCRIPTION TO THE "STARTER" or "PRO" SOLUTION OFFER
Access to the "Starter" Offer and the "Pro" offer of the Solution is by paying subscription.
The price of the "Starter" Offer and the "Pro" offer of the Solution is indicated at the time of subscription on the Site.
SEMIOLOGIC reserves the right to modify the applicable rate during the subscription period. The Publisher will be informed in advance, by email sent to the address indicated in the Publisher Account, at least 30 days before any effective date. If the Publisher does not agree on the application of the new rate, the Publisher may terminate the subscription to the "Starter" or "Pro" Offer under the conditions indicated in article 3.3. This termination will take effect on the next expiry of the monthly subscription. Otherwise, the new rate will be applicable as of the next subscription term following the new rate.
Payment is made by monthly or annual deductions, the amounts due being the subject of invoices issued monthly or annually, for the amount agreed upon at the time of subscription of the "Starter" or "Pro" Offer and as announced on the Site, payable in advance.
SEMIOLOGIC offers various means of payment of the subscription fee on the Site (VISA, MASTERCARD, AMERICAN EXPRESS bank card).
3.3 Duration of the subscription
The subscription is subscribed in two ways, either monthly (1 month) or annually for a fixed period of twelve (12) months. Subscriptions are tacitly renewable for the same duration as the one subscribed. The subscription can be cancelled by the Publisher, from his Publisher Account, by clicking on the "PREMIUM" section of his administration. The cancellation will be effective at the end of the current subscription period, with the exception of a cancellation following a refusal to apply a rate increase.
Any subscription terminated by the Publisher beyond the tacit renewal provided for in this article is due until its expiry.
3.4 No right of withdrawal
In accordance with the provisions of Article L. 121-21-8 of the Consumer Code, the Publisher expressly acknowledges and accepts (i) that access to the Solution starts immediately after the validation of its subscription to the "Starter" Offer, i.e. before the end of the fourteen-day period provided for by the Consumer Code and (ii) acknowledges and accepts consequently not to benefit from the right of withdrawal linked to online or distance selling. Consequently, no request for retraction, cancellation or refund will be accepted for the period subscribed.
ARTICLE 4 - INTELLECTUAL PROPERTY
SEMIOLOGIC is the owner of the copyright on the Solution within the meaning of the provisions of the Intellectual Property Code. Consequently, the Publisher only acquires from SEMIOLOGIC a personal right of use of the Solution. The license granted by SEMIOLOGIC on the Solution to the Publisher is strictly personal, non-exclusive, non-transferable and non-transferable to third parties.
The Publisher accepts the terms of the license to use the Solution, upon acceptance of the Terms and Conditions. As a result of this acceptance, the Publisher undertakes to use the Solution under the conditions strictly defined by these General Terms and Conditions and in compliance with the applicable legal provisions.
As part of the license to use the Solution granted to the Publisher by SEMIOLOGIC, the latter undertakes not to infringe directly or indirectly SEMIOLOGIC's property rights on the Solution and in particular :
The Publisher undertakes not to proceed with:
ARTICLE 5 - DATA MANAGEMENT
SEMIOLOGIC undertakes to comply with all regulations and legislation relating to confidentiality and personal data collected by it and by the Publisher (hereinafter referred to as the "Data"), and in particular, the rules laid down in the General Data Protection Regulations (European Union Regulation n°2016/679).
5.1. Management of data collected by SEMIOLOGIC
SEMIOLOGIC, as the controller of the Data it collects, undertakes to protect and manage them with due respect for the privacy of the Publisher and the Administrator.
For the purposes of this article, the Data collected by SEMIOLOGIC are:
In any case, SEMIOLOGIC does not collect any sensitive data concerning the Publisher and/or the Administrator, namely data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data or sexual orientation. If such information is, in any way, communicated to SEMIOLOGIC, the latter undertakes to delete it as soon as possible.
The Data is necessary to benefit from all the features of the Site:
SEMIOLOGIC undertakes not to disclose, for any reason whatsoever, the Data collected. Nevertheless, pursuant to a law, decree, regulation or decision of a competent regulatory or judicial authority, the Data may be disclosed, if necessary, in order to protect the interests and rights of SEMIOLOGIC. SEMIOLOGIC cannot be held liable in this respect.
The data recorded by the user, are stored at the host identified in the Legal Notices accessible on the website https://graphcomment.com/fr/mentions-legales.html, and are kept for a period strictly necessary to achieve the purposes referred to above, namely during the activation of the Publisher's account, or for a shorter period in compliance with legal obligations.
SEMIOLOGIC is very concerned about the protection of the Publisher's Data, and does everything possible to ensure its integrity against all forms of damage, loss, intrusion, disclosure, alteration or destruction. In this respect, SEMIOLOGIC undertakes to make its best efforts, taking into account the current state of the art, to guarantee the security of Data storage.
In accordance with the applicable rules on the protection of personal data, and in particular the General Regulations for the Protection of Personal Data, the Publisher has the right to oppose, access and rectify all information concerning him collected by SEMIOLOGIC. He may, at any time, require that his personal information be rectified, completed, clarified, updated or deleted. At any time, the Publisher is also entitled to the portability of its Data: it has the right to receive the Data in a structured, commonly used and machine-readable format, and has the right to transmit this Data to a controller other than SEMIOLOGIC. If technically feasible, SEMIOLOGIC may, at the request of the Publisher, directly transmit the Data to the controller chosen. As such, the Publisher may exercise its rights through the following channels: firstname.lastname@example.org. If the Publisher has subscribed to the SEMIOLOGIC newsletter or email notifications, it may unsubscribe at any time by using its right of objection, by clicking on the unsubscribe link at the bottom of each email, or by sending an email to email@example.com
Each Publisher may file a complaint with the Commission Nationale de l'Informatique et des Libertés, 3 place de Fontenoy, TSA 80715 - 75334 Paris Cedex 07.
5.2 Management of Data collected by the Publisher
To use the Solution, Users must complete a registration form on the Publisher's website, and in particular, fill in certain Data. The Parties acknowledge that the Publisher is solely responsible for processing the Data collected via the Publisher Site, in particular by using the Solution, including cookies. As such, the Publisher undertakes to comply with all its legal and regulatory obligations concerning the collection and processing of Data, and to inform Users of its website of all their rights relating thereto.
In the context of the Data collected by the Publisher, SEMIOLOGIC acts only as a subcontractor. As such, it acts only on documented instructions and within the framework of the authorisations received from the Publisher, unless it is required to comply with a mandatory provision resulting from any legislation or regulation applicable, both at French and European level, to the processing operations carried out. In this case, SEMIOLOGIC will inform the Publisher as soon as possible.
If SEMIOLOGIC considers that an investigation constitutes a violation of the European Data Protection Regulation or any other provision of Union law or of the law of the Member States relating to data protection, it shall immediately inform the Publisher. In addition, if SEMIOLOGIC is required to transfer the Data to a third country or international organization, under the law of the Union or the law of the Member State to which it is subject, it must inform the Publisher of this legal obligation before processing, unless the law concerned prohibits such information on important grounds of public interest.
SEMIOLOGIC undertakes to guarantee the confidentiality of the Data and to ensure that the persons authorised to process the Data undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality, and receive the necessary training in the protection of personal data. SEMIOLOGIC undertakes to take into account, with regard to its tools, products, applications or services, the principles of data protection from the design stage and data protection by default.
SEMIOLOGIC notifies the Publisher of any breach of the Data, without delay and by any written means. SEMIOLOGIC undertakes to implement the technical and organizational measures guaranteeing a level of security adapted to the risk associated with the execution of the General Conditions.
6. GENERAL PROVISIONS
The use of the Solution is the sole responsibility of the Publisher and the User. SEMIOLOGIC cannot be held liable for, in particular, computer viruses, breakdowns, loss of data or errors that may be observed during or following the installation and/or use of the Solution. Once installed, the Solution is available 24 hours a day, 7 days a week. Nevertheless, SEMIOLOGIC cannot be held responsible in the event of events that could hinder the continuity of access to the services provided thanks to the Solution, and reserves the right to make the Solution inaccessible if necessary, in particular in the event of technical malfunction and/or update. SEMIOLOGIC shall not be held liable for any direct or indirect damage that may be related to the Publisher's registration, and/or the installation and/or use of the Solution.
SEMIOLOGIC cannot be held responsible for defects and damages caused by:
6.2 Suspension of the Solution / Termination of the "Starter" or "Pro" Offer at the initiative of SEMIOLOGIC
Without prejudice to any damages that SEMIOLOGIC may request, SEMIOLOGIC reserves the right to suspend a Publisher's access to the Solution and/or automatically terminate, without notice or compensation, its subscription to the "Starter" or "Pro" Offer in the event of:
For its part, the Publisher may terminate, without notice or compensation to SEMIOLOGIC, its subscription in the event of SEMIOLOGIC's failure to comply with its main obligations defined in these General Terms and Conditions or in the event of legitimate reasons such as a technical incompatibility between the Solution and its equipment.
Under these General Terms and Conditions, the Parties undertake to comply with all laws and regulations applicable to them.
In any event, SEMIOLOGIC declares that it provides a Solution that complies with the applicable French and European regulations, as in force on the day of signature of these General Terms and Conditions. SEMIOLOGIC undertakes to guarantee the intervention of diligent, qualified and trained personnel, and to do its best to make a rapid correction of errors and/or omissions attributable to it.
The Parties are aware that, in accordance with Article 1112-1 of the Civil Code, the Party whose information is of decisive importance for the consent of the other Party must inform it. In this respect, the Parties declare that they have exchanged all the information relevant to the consent of each of them, i.e. having a direct and necessary link with the content of the General Conditions or the status of the Parties.
The Publisher guarantees that it has all the capacity and power to conclude these General Terms and Conditions and that it will provide any necessary information requested by SEMIOLOGIC.
The Solution is provided by SEMIOLOGIC on the basis of the information provided by the Publisher, which remains responsible for the accuracy and timely communication of all information. The Publisher shall be solely responsible for the consequences that any instruction, inaccuracy and/or delay on its part may have on the provision of the Solution.
6.4 Applicable law and competent courts
These General Terms and Conditions are subject to French law.
In the event of a dispute, the Parties shall seek an amicable solution before any legal action. In the event of failure of these attempts, any dispute regarding the validity, interpretation and/or execution of these General Terms and Conditions shall be brought before the French courts, even in the event of a plurality of defendants or a guarantee claim.
For any legal requests, in particular those relating to distribution and reproduction rights, to report any difficulty relating to the technical operation of the Site, to subscribe to the "Basic", "Starter" and "Pro" Offers, or simply to obtain information on SEMIOLOGIC's activity, contact: firstname.lastname@example.org.