The words below, with the first letter capitalised, will be defined as follows in this document:
Personal information: “information that in any way whatsoever, directly or otherwise, allows the natural persons to whom it applies to be identified” (article 2 of law no. 78-17 of 6th January 1978). In the context of this document, these provisions also apply to a corporation or any other legal entity. This includes the IP address of the User.
Complementary Personal Information: name, mail and email address and phone number of the User.
French Regulation: Regulation (law and all regulatory frameworks) in force in France.
User: Internet visitor connecting to and/or using the Internet in order to reach the site www.outofthephone.com. Users can be registered or not.
Validity of information supplied by the User
If the User supplies information, he agrees to:
– provide genuine, accurate information that is up-to-date when introduced on the service registration form, and in particular not to use false names or addresses, or names and addresses that he is not authorised to use;
– keep the registration data updated to ensure that it is always genuine, accurate and up-to-date;
– do not make available or disseminate information that is illegal, objectionable (e.g. defamatory or obscene) or otherwise harmful, such as viruses;
– do not provide illegal information. If these provisions are contravened, OUT OF THE PHONE will be entitled to suspend or terminate the User’s access to the service, for which the User will exclusively be held accountable;
The User may access the site www.outofthephone.com 24/24 and 7/7 unless otherwise stated.
OUT OF THE PHONE cannot be held responsible if connection is technically unavailable, whether this is due to force majeure, maintenance, update, site modification, operation by the hosting organisation, an internal or external strike, network failure, an electricity power cut or alternatively incorrect configuration or use of the User’s computer.
According to the French Regulation, User is not allowed to share through www.outofthephone.com illegal messages or opinions, in particular those that could be considered as racist, defamatory or libellous.
Limitation of liability:
The User expressly accepts that he uses the www.outofthephone.com site at his own risk and on his exclusive responsibility. The content provided to the User by the www.outofthephone.com website is for information purposes only and can be expected to change at all times. Therefore, it may be modified at any time without notice. In any event, OUT OF THE PHONE can in no circumstances be held responsible for:
– any direct or indirect damage, particularly relating to loss of profits, loss of earnings, loss of customers or data that could, among others, arise from use of the www.outofthephone.com site or, conversely, from not being able to use it;
– malfunction, lack of access, incorrect use or incorrect configuration of the User’s computer, or utilisation of an incompatible browser;
– the content of Deposited Files, advertisements and other outside links or sources that can be accessed by the User from the www.outofthephone.com site;
Site publicity and sponsor
www.outofthephone.com website may contain advertising. In no circumstances can www.outofthephone.com be held responsible either for the advertising content or for the consequences of any contractual relationship between the User of the www.outofthephone.com site and the person who disseminated the advertising.
If a Webmaster wishes to set up a link from his site to the www.outofthephone.com site, he must obtain express prior authorisation by sending an application to the following e-mail address: firstname.lastname@example.org. In any event, the Webmaster setting up a hypertext link agrees not to use deep linking, by which pages from the www.outofthephone.com site are embedded in the pages of the Webmaster’s own site.
A User who is redirected to a third party’s Internet page by a hypertext link on the www.outofthephone.com site acknowledges that OUT OF THE PHONE has no control over the content of the sites to which he is redirected. Consequently, OUT OF THE PHONE can in no circumstances be held responsible for any direct or indirect damage resulting from the use of sites that can be accessed via hypertext links from www.outofthephone.com website.
Copyright and intellectual property
All elements of the www.outofthephone.com site (directory structures, formatting, programming, etc.) are the exclusive intellectual property of OUT OF THE PHONE, unless otherwise agreed. Accordingly, they must not be represented, reproduced, embedded, disseminated or broadcast, wholly or in part, in accordance with the provisions of article L.122-4 of the French Code de la Propriété Intellectuelle. Any person who does so and who cannot provide evidence of prior, express authorisation from the holder of these rights incurs the penalties for infringement provided for in articles L.335-2 & seq of the French Code for intellectual property. Any authorized copy of any element of the website should disclose “Copyright, OUT OF THE PHONE all rights reserved”.
Marks and logos found on www.outofthephone.com are registered by OUT OF THE PHONE or one of its partners. Accordingly, any person who represents, reproduces, embeds, disseminates or broadcasts them incurs the penalties provided for in articles L.713-2 and seq of the French Code of intellectual property.
Validity of all the contractual clauses
Applicable law – Attribution of jurisdiction