PERSONAL" AND "EXPERT" OFFERS
Updates June 2018
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 provides media and blog publishers with a comment platform to engage user communities and increase 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 by trolls.
The free or paid use of the GraphComment solution is subject to the present general 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 with the Aix-en-Provence Trade and Companies Register under number 790 715 726.
ARTICLE 1 - DEFINITIONS AND SCOPE
"Solution" means the GraphComment solution published by SEMIOLOGIC
"Publisher" means the natural or legal person wishing to benefit from the Solution for its Publisher Site.
"Publisher Site" means the Publisher's website on which the Solution will be accessible.
"Administrator" means the person authorized by the Publisher to manage the Publisher Account.
"Personal Offer": means the Solution in its free version, and whose features are set out in article 2.2 of the General Conditions.
"Expert Offer": means the Solution in its paid version, and whose functionalities are described in article 2.2 of the General Conditions.
"Publisher Account": means the account accessible only to the Administrator, allowing him to manage the functionalities of the Solution, as well as the subscription to the "Expert" Offer.
"General Conditions" means the present general conditions of sale and use of the Solution. They can be freely consulted on the Site and must be read and accepted by the Publisher before any use of the Solution.
"Site" means the website https://graphcomment.com/fr/
"User" means any person using the Solution from the Publisher Site.
1.2 Scope of application
These General Conditions apply automatically to the "Personal" and "Expert" Solution Offers proposed by SEMIOLOGIC. Subscribing to the "Personal" and "Expert" Offers of the Solution implies full and unreserved acceptance by the Publisher of these General Conditions.
SEMIOLOGIC reserves the right to modify and update the Terms and Conditions without notice. To be informed of any such modifications, SEMIOLOGIC advises the Publisher to consult them regularly.
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, and then the URL of the Publisher Site and language preferences.
The username and password to access the Publisher Account are strictly personal and confidential. The Publisher has the choice to appoint an Administrator, responsible for the use of its identification elements, as well as for actions on the "Personal" or "Expert" Offers of the Solution.
In the event of loss or forget of its identifier and/or its password, the Editor and/or the Administrator has the possibility of generating new ones.
Once registration has been completed and the General Terms and Conditions have been validated, the Publisher may (i) access the "Personal" Solution Offer free of charge by downloading and installing it on the Publisher Site, or (ii) place a paid order for the "Expert" Solution Offer under the conditions mentioned in Article 3.
2.2 GraphComment Offers
SEMIOLOGIC proposes to the Publishers several Offers of the Solution:
ARTICLE 3 - SUBSCRIPTION TO THE "EXPERT" OFFER OF THE SOLUTION
Access to the Solution's "Expert" Offer is by paying subscription.
The price of the Solution "Expert" Offer is indicated at the time of its 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 given in the Publisher Account, at least 30 days before any effective date. If the Publisher fails to agree on the application of the new tariff, the latter may terminate the subscription to the "Expert" Offer under the conditions indicated in article 3.3. This cancellation 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 deductions, the sums due being the subject of invoices issued monthly, of the amount agreed at the time of subscription of the "Expert" Offer and as announced on the Site, payable in advance.
SEMIOLOGIC offers different ways of paying the subscription fee on the Site (VISA, MASTERCARD, AMERICAN EXPRESS bank cards).
3.3 Duration of the subscription
The subscription is taken out in two modes, either monthly (1 month) or annual 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 term.
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 validation of its subscription to the "Expert" Offer, i.e. before the end of the fourteen clear days provided for by the Consumer Code and (ii) acknowledges and consequently accepts not to benefit from the right of withdrawal linked to online or distance selling. Consequently, no request for withdrawal, cancellation or refund will be admissible 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 acquires from SEMIOLOGIC only a personal right to use 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 consequence of this acceptance, the Publisher undertakes to use the Solution under the conditions strictly defined by these General Conditions and in compliance with the applicable legal provisions.
As part of the license granted by SEMIOLOGIC to the Publisher to use the Solution, the latter undertakes not to directly or indirectly infringe SEMIOLOGIC's property rights in the Solution and in particular :
(i) undertakes to use them only in accordance with their professional purpose, i.e. for the sole purpose of its activity;
(ii) shall not make them available to third parties, directly or indirectly, in any capacity, in any form or for any reason, whether free of charge or against payment;
(iii) is committed to its staff's compliance with these provisions.
(iv) any breach by the Publisher of its obligations shall entitle SEMIOLOGIC to terminate immediately and ipso jure the present license of use, by simple notification by registered letter with acknowledgement of receipt, and this without prejudice to any damages.
The Publisher agrees not to:
(i) any reproduction by any means whatsoever of the Solution - any representation, dissemination or marketing of the Solution, whether in return for payment or free of charge
(ii) any form of use of the Solution in any way for the purpose of designing, producing, distributing or marketing a similar, equivalent or substitute solution
(iii) any direct or indirect provision of the Solution for the benefit of a third party, in particular by rental, transfer or loan
(iv) the adaptation, modification, arrangement of the Solution for any reason whatsoever, in particular with a view to the creation of a derived or entirely new solution
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 the "Data"), and in particular, the rules laid down by the General Data Protection Regulation (European Union Regulation No. 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 respect for the privacy of the Publisher and the Administrator.
For the purposes of this article, the Data collected by SEMIOLOGIC are :
- IP addresses ;
- Data related to cookies;
- The first and last names, e-mail address, and postal address of the Publisher and/or Administrator ;
- To subscribe to the SEMIOLOGIC newsletter and/or SEMIOLOGIC mailing lists for receiving marketing and promotional information.
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 were, in one way or another, communicated to SEMIOLOGIC, the latter undertakes to delete it as soon as possible.
The Data are necessary to benefit from all the functionalities of the Site:
- IP addresses and cookies allow SEMIOLOGIC to establish statistics regarding the consultation of its web pages;
- The names, first names, and e-mail addresses allow the establishment of invoices and the resolution of possible difficulties with regard to the Solution.
Thus, SEMIOLOGIC undertakes to use the Data collected only for the following purposes:
- The creation, management and administration of the accounts of the Editor and/or the Administrator ;
- The response to requests and requests from the Publisher and/or the Administrator ;
- Invoicing ;
- Sales management and, more generally, customer relationship management;
- The resolution of possible difficulties during the placing of the Order and/or the execution of the Solution ;
- The establishment of statistics;
- Marketing purposes (newsletter, promotional actions, etc.).
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, to protect the interests and rights of SEMIOLOGIC. SEMIOLOGIC cannot be held liable in this respect.
SEMIOLOGIC reserves the right to place cookies on the Editor's browser. Cookies do not personally identify the Publisher, but allow SEMIOLOGIC to recognize its terminal and to collect certain information relating to navigation carried out from this terminal. Cookies are used for statistical purposes and to recognize the Publisher when they return to the Site. The Publisher may accept or reject cookies, however in the latter case, SEMIOLOGIC cannot guarantee optimal operation of the Site and the Solution. The Editor has the possibility to modify the parameters linked to cookies at any time, via the tab provided for this purpose on the Site or via the configuration of the connection parameters of his browser. In any case, SEMIOLOGIC keeps its cookies for a maximum period of thirteen (13) months from the issuance of its consent by the Publisher.
The data recorded by the user, are stored at the host identified in the Legal Notices accessible on the site 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 makes every effort 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, given the current state of the art, to guarantee the security of data storage.
In accordance with the applicable rules regarding the protection of personal data, and in particular the General Regulations for the Protection of Personal Data, the Publisher has a right of opposition, access and rectification of all information concerning him collected by SEMIOLOGIC. He may, at any time, demand that the information concerning him be corrected, completed, clarified, updated or deleted. At any time, the Publisher also has the right 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 such Data to a controller other than SEMIOLOGIC. If technically feasible, SEMIOLOGIC may, at the request of the Publisher, directly transmit the Data to the data controller selected. In this respect, the Publisher may exercise its rights by the following means: firstname.lastname@example.org. If the Publisher has subscribed to the SEMIOLOGIC newsletter or to email notifications, it can unsubscribe at any time by using its right of opposition, by clicking on the unsubscribe link at the bottom of each email, or by writing 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 fill in 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 the processing of Data collected via the Publisher Site, in particular through the use of the Solution, including cookies. As such, the Publisher undertakes to respect all its legal and regulatory obligations concerning the collection and processing of Data, and to inform the Users of its website of all their rights relating thereto.
In the context of the Data collected by the Publisher, SEMIOLOGIC acts solely as a subcontractor. As such, it acts solely on documented instructions and within the framework of the authorizations 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 instruction constitutes a violation of the European Data Protection Regulation or any other provision of Union or Member State law relating to data protection, it shall immediately inform the Publisher. Furthermore, if SEMIOLOGIC is obliged to transfer the Data to a third country or an 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 persons authorized 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 Data, without delay and by any written means. SEMIOLOGIC undertakes to implement the technical and organisational measures guaranteeing a level of security adapted to the risk linked to 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 shall not be held liable, in particular, for computer viruses, breakdowns, loss of data or errors that may be noted 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 case of events that could hinder the continuity of access to the services provided thanks to the Solution, and reserves the possibility of making the Solution inaccessible if necessary, in particular in case of technical malfunction and/or update. SEMIOLOGIC cannot be held responsible for any direct or indirect damage that may be linked to the Publisher's registration, and/or to the installation and/or use of the Solution.
SEMIOLOGIC cannot be held responsible for defects and damages caused by:
- Misuse of the Solution;
- Negligence, wilful acts or inappropriate use by the Publisher, and/or the User, or by any third party.
Under no circumstances shall SEMIOLOGIC be held liable for indirect damages such as, in particular, operating or profit losses or lost profits.
6.2 Suspension of the Solution / Termination of the "Expert" 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 "Expert" Offer in the event of:
- failure by the Publisher to comply with these General Conditions, and in particular:
- infringement of SEMIOLOGIC's intellectual property rights,
- circumvention or attempted circumvention of technical protection measures put in place by SEMIOLOGIC,
- multiple simultaneous connections to the same account or attempt multiple simultaneous connections,
- providing false information about the Publisher Account.
- total or partial non-payment by the Publisher of his subscription fee.
For its part, the Publisher may terminate, without notice or compensation to SEMIOLOGIC, its subscription in the event of failure by SEMIOLOGIC to meet its main obligations defined in these General Conditions or in the event of legitimate reasons such as a technical incompatibility between the Solution and its equipment.
6.3 General provisions for use
Within the framework of these General Conditions, the Parties undertake to comply with all applicable laws and regulations.
In any event, SEMIOLOGIC declares that it provides a Solution that complies with applicable French and European regulations, as in force on the date of signature of these General Conditions. SEMIOLOGIC undertakes to guarantee the intervention of diligent, qualified and trained personnel, and to do its best to make a rapid correction to errors and/or omissions attributable to it.
The Parties are aware of the fact that, in accordance with Article 1112-1 of the Civil Code, any Party whose information is of decisive importance for the other Party's consent must inform the other Party. 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 quality of the Parties.
The Publisher guarantees that it has all the capacity and power to conclude the present General Conditions and that it will provide any necessary information requested by SEMIOLOGIC for this purpose.
The Solution is provided by SEMIOLOGIC on the basis of information communicated by the Publisher who 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
The present General Conditions are subject to French law.
In case of dispute, the Parties shall seek an amicable solution before any legal action. In the event of failure of these attempts, any dispute as to the validity, interpretation and/or execution of these General Conditions shall be brought before the French courts, even if there is more than one defendant or if there is a warranty claim.
For any legal requests, particularly those relating to distribution and reproduction rights, to report any difficulty relating to the technical operation of the Site, to the subscription of the "Personal" and "Expert" Offers, or simply to have information on SEMIOLOGIC's activity, contact: firstname.lastname@example.org