Motoplanete

General Conditions of Use

Acceptance of terms and conditions

By visiting and/or using the Motoplanete website (.com, .fr, .org, and any present, past or future extensions), you accept and agree to adhere to these terms and conditions of use. Motoplanete provides its information to you provided you agree to abide by these terms of use (hereinafter referred to as the "Terms of Use"), which Motoplanete is free to modify at any time. You are therefore advised to regularly refer to the latest version of the General Conditions of Use, which are always available on the following website:
General Conditions of Use
In addition, the use of certain Motoplanete services may require the compliance with additional and specific rules or codes of conduct which will be indicated in a charter available on the website. These rules and guidelines are deemed to constitute an essential part of the General Terms and Conditions of Use. Finally, Motoplanete may offer other services for which specific terms and conditions of use must be accepted prior to use. In such cases, the present General Conditions of Use shall not apply.

Service description

Motoplanete currently provides its users with a range of free online services and information. Any paid service is neither provided nor invoiced by Motoplanete, but by one or more of its partners. Motoplanete cannot be held responsible for any problems with one or more Motoplanete partners. Unless expressly stated otherwise, any new feature that enhances or increases one or more existing service, or any new service launched by Motoplanete will be subject to the present General Conditions of Use. You understand and agree to the Service being provided to you "as is" and to Motoplanete not being responsible for the appropriateness, deletion, non-delivery or failure to store any user communications or personalized set-ups.
In order to use the Service, you must have access to the Internet, either directly or via systems that have access to content provided on the Internet, with the understanding that any corresponding costs are at your sole expense. In addition, you must have all the necessary equipment, in particular a computer, modem or any other connectivity tool, to ensure this connection to the Internet.

Registration obligation

By using the Service you agree to: (i) provide truthful, accurate, current and complete information about yourself as prompted by the Service registration form (such information being hereinafter referred to as the "Registration Data") and maintain and regularly update the Registration Data to keep it truthful, accurate, current and complete. In the event that you provide false, inaccurate, outdated or incomplete information, Motoplanete may immediately and in the future suspend or terminate your account and refuse you access to all or part of the service. Motoplanete respects the safety and privacy of its users, especially children. Parents are therefore invited to monitor their children's use of Internet access and to bear in mind that the Service is designed to reach a wide audience and that, as legal guardians, it is the parents' responsibility to determine which service is or is not appropriate for their child(ren) and to monitor their use of it.

Motoplanete Privacy Policy

The Registration Data and any other information about yourself are processed within the framework of the principles implemented by Motoplanete for the processing of its users' personal data. We remind you that, in accordance with the French Data Protection Act no. 78-17 of January 6, 1978, you have the right to view, modify and delete any personal data brought to Motoplanete's attention when using the service, and that the database consisting of Registration Data will soon be registered with the CNIL.
For more information, please read our personal data protection policy.

User account, password and security

At the end of the registration process, you will receive an account name and password. You are exclusively responsible for maintaining the confidentiality of your account and password and for all actions that may be performed using your account and/or password. You agree to immediately notify Motoplanete of any unauthorized use of your account and/or password and/or any breach of security, and to ensure that at the end of each session you explicitly log out. Motoplanete cannot be held responsible for any loss or damage arising from failure to comply with this paragraph.

Behavior of members

You are aware that all information, data, texts, software, music, sounds, photos, images, videos, messages or any other material (hereinafter collectively referred to as "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person who posted such Content. You, and not Motoplanete, are entirely responsible for all Content that you post, upload, send by electronic mail (hereinafter " email ") or otherwise transmit via the Service. Motoplanete has no control over the Content transmitted via the Service and consequently does not guarantee the appropriateness, probity or quality of such Content. In no event will Motoplanete be liable for any Content, in particular any Content that is unlawful under applicable law, any errors or omissions in any Content, or any loss or damage arising from the use of any Content posted, emailed or otherwise transmitted via the Service.<br> You agree not to :
  1. Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racist, or otherwise objectionable;
  2. Consult, display, download or transmit any content that is contrary to the current legislation in France. Thus, if a search carried out on a "search engine" using a tree structure or keywords leading you to websites, pages or forums whose title and/or content constitute an infringement of French law, such as those relating to pedophilia, organ sales, the sale of illicit substances or any other illicit objects and/or services, the glorification of terrorism, war crimes or Nazism, you must immediately cease your consultation of the website concerned, failing which you will incur the penalties provided for by French legislation and be liable for any legal action taken against you.
  3. To harm underage users in any way;
  4. Transmit any content that could constitute, but is not limited to, incitement to commit a crime; incitement to discrimination, hatred or violence on the grounds of race, ethnicity or nation; apology for Nazism, denial of the existence of crimes against humanity, false news, as well as any content intended to display or sell prohibited objects and/or works; undermining the authority of justice ; information relating to the adoption, trial or suicide of minors, or to an individual tax situation; dissemination outside authorized conditions of polls and voting simulations relating to an election or referendum; defamation and insult; invasion of privacy; or acts endangering minors, in particular by the production, transport or dissemination of messages of a violent or pornographic nature, or of a nature seriously prejudicial to human dignity;
  5. Attempt to mislead other users by usurping the name or company name of others and in particular by impersonating an employee or affiliate of Motoplanete, a moderator, a guide, or a host;
  6. Counterfeit headers or otherwise manipulate the identifier in such a way as to conceal the origin of content transmitted via the service;
  7. Upload, post, e-mail or otherwise transmit any content that you are prohibited from distributing by law or statute (including, but not limited to, inside information or privileged, confidential, learned or disclosed information under an employment contract or confidentiality agreement);
  8. Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right (collectively, the "Rights") belonging to others;
  9. Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising or promotional materials (including spam, junk mail, chain letters or any other form of solicitation) except in areas specifically designated for this purpose;
  10. Upload, post, email or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment, this list is not exhaustive;
  11. Disrupt the normal flow of dialogues, accelerate the rate at which the screen scrolls so that users of the service find it impossible to follow and type their dialogue, or commit any other action having a similarly disruptive effect hindering users' ability to communicate in real time;
  12. Interfere with or disrupt the service, servers or networks connected to the service, or refuse to comply with any requirements, procedures, general rules or regulations applicable to the networks connected to the service;
  13. Intentionally or unintentionally violate any applicable national or international law or regulation, including, but not limited to, the rules issued by the Commission des Opérations de Bourse, the Stock Exchange, Nasdaq and any other rules having the force of law;
  14. Harass another user or users in any way;
  15. Collect and store personal data about other users.
You acknowledge that Motoplanete cannot view the Content before it is posted. Nevertheless Motoplanete, or any person or entity designated by this website, reserves the right, at its sole discretion, (but not the obligation) to refuse or move any Content available through the Service. Furthermore, Motoplanete, or any person or entity designated by this website, will have the right to delete or remove any Content that violates the present terms and/or current regulations and/or is reprehensible in any other way. You also acknowledge that you must exercise good judgment, and bear all risks related thereto, in your use of the Content, including any reliance on the appropriateness, usefulness or completeness of such Content. Accordingly, you acknowledge that you may not rely on any Content created by Motoplanete or Content submitted to Motoplanete.
You acknowledge and agree that while Motoplanete protects the Content, Motoplanete may need to disclose it to comply with applicable laws or if, in good faith, Motoplanete believes that such action is necessary to comply with legal process, enforce the Terms of Service, respond to claims that the Content violates the rights of third parties, or protect the rights or interests of Motoplanete, its users, or the public.

Special recommendation for international users

Given the global nature of the Internet, you agree to comply with all rules applicable in the country where you consult the Content and from which you send Content, with the behaviour of network users, and with admissible Content. In particular, you agree to comply with all applicable laws regarding the transmission of data from France or the country where you reside.

Content accessible to all on Motoplanete

  1. For the purposes of these Terms of Use, "publicly accessible areas of the Service" are those areas that are open to all users of the Services, whoever they may be.
  2. With respect to Content that you decide to send to be included in areas accessible to, you grant Motoplanete, for the world, a non-exclusive, royalty-free license to reproduce, publish and distribute such Content on the Service exclusively for the purpose of promoting the Motoplanete website where such Content was sent and distributed or, with respect to photos and images, for the purpose for which such photo or image was submitted to the Service. This license will be granted for the term during which you decide to include the Content on the Service and will automatically end as soon as you remove the Content from the Service. You certify that you have obtained the necessary rights for such use.
  3. With respect to any other Content that you decide to post in any other publicly accessible area of the Service, you grant Motoplanete, for the world and for the duration of the copyright, a non-exclusive and royalty-free license to reproduce, distribute, publish, sublicense, broadcast all or part of such Content, and you also acknowledge that Motoplanete is free to include the Content in any other work for broadcast by any means known or to be discovered. You certify that you have obtained the necessary rights for such use.

Indemnification

You agree to guarantee and indemnify Motoplanete, as well as its sister or affiliated websites, its representatives and its partners, against all damages, claims or demands from third parties resulting from the sending, posting, downloading, distribution or transmission of Content by you on the Service, from the use of the Service, from the violation of the Terms of Use, or of the rights of others or of public order. This guarantee covers any indemnities that may be paid, as well as legal fees and court costs within reasonable limits.

No resale of the service

You may not reproduce, copy, sell, resell, or exploit for any commercial purpose any part of the Service, any use of the Service, or any right to access the Service.

General rules for use and storage

You acknowledge that Motoplanete makes no warranties or representations as to the deletion or failure to store any messages, communications or other Content broadcast or transmitted via the Service. You also acknowledge that Motoplanete will be free to delete any account that remains unused for a certain period of time and that Motoplanete is free to modify the present general rules at any time, which is why Motoplanete recommends that you refer to them regularly.

Service modification

Motoplanete reserves the right, at any time, to modify, temporarily or permanently interrupt all or part of the Service, without prior notice. Motoplanete cannot be held responsible to you or to any third party for any modification, suspension or interruption of the Service.

Cancellation

You acknowledge Motoplanete's right to terminate all or part of the access rights corresponding to your account and password, or even to delete your account and password, as well as the right to remove or move any Content on the Service for any reason, in particular due to lack of use, or if Motoplanete has good reason to believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Motoplanete may also unilaterally terminate the provision of the Service at any time. You acknowledge that any termination of your access to the Service pursuant to the terms hereof may be effected without prior notice, and you acknowledge and agree that Motoplanete shall have the right to deactivate or delete at any time and with immediate effect your account and any folder or file contained therein and/or prohibit any further access to such files or to the Service. You further acknowledge that Motoplanete shall not be liable to you or to any third party for any termination of your access to the Service.

Relationship with advertisers

Your communications, business dealings with advertisers, or participation in promotions organized by advertisers found on or through the Service, including payment and delivery of goods or services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Consequently, you acknowledge that Motoplanete cannot be held responsible for any loss or damage whatsoever resulting from this relationship or, more generally, from the presence of an advertiser on the Service.

Links

The Service, or third parties, may provide links to other websites or Internet sources. As Motoplanete cannot control these external websites and sources, you acknowledge that Motoplanete cannot be held responsible for the availability of these external websites and sources, and cannot be held responsible for the Content, advertising, products, services or any other material available on or from these external websites or sources. You further acknowledge that Motoplanete shall not be liable for any damages or losses, actual or alleged, arising out of or in connection with the use of or reliance on any Content, goods or services available on such external websites or sources.
Finally, if a search carried out on Motoplanete using a tree structure or keywords leading you to websites, pages or forums whose title and/or content constitute an infringement of French law, particularly in view of the fact that Motoplanete has no control over the Content of these external websites and sources (including Content referenced on other Motoplanete websites and services worldwide), you must interrupt your consultation of the website concerned unless you incur the penalties provided for by French law or are liable for legal action taken against you.

Use of cookies

We are likely to use cookies. You can refuse to accept these cookies; the website will function without them, but certain functions will no longer be available. A cookie is a small text file stored on your computer (when you use Motoplanete). The cookie does not identify you personally. It is used to store navigation information. You can activate, deactivate and even view these cookies. For more information, visit our cookie policy

Warranties

You expressly acknowledge and agree that:
  1. Your use of the service is at your own risk. The service is provided on an "as is" basis and is accessible subject to availability. Motoplanete makes no warranties, explicit or implied, including, but not limited to, warranties as to the quality and suitability of the service for a particular purpose, and as to the non-infringement of the rules of use of the service by its users.
  2. Motoplanete does not warrant that the service will meet your requirements, that the service will be uninterrupted, timely, secure or error-free, that the results that may be obtained from the use of the service will be accurate and reliable, that the quality of any products, services, information or other material purchased or obtained by you on the service will meet your expectations, and that defects in the software used, if any, will be corrected.
  3. Any material downloaded or otherwise obtained while using the service is at your own risk. You will be solely responsible for any damage to your computer or loss of data resulting from downloading this material.
  4. No advice or information, whether oral or written, obtained by you from Motoplanete or when using the service shall create any warranty not expressly provided for in this agreement.

Limitation of liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, Motoplanete shall not be liable for any direct, indirect or consequential damages, including, without limitation, lost profits, lost customers, lost data or other intangible losses (even if Motoplanete has been advised of the possibility of such damages) arising out of the use or inability to use the service, costs that may arise from the acquisition of substitute goods or services resulting from the purchase of goods or services or the receipt of messages or transactions occurring during the use of the service, as a result of unauthorized access to the service by a user or the alteration of your transmission or database; as a result of any statement or conduct of any third party on the service and (v) any other matter relating to the service.

Notification

Any notification may be sent to you by e-mail or post. Motoplanete also reserves the right to modify the present General Terms of Use of the Service by placing change notices or links to such notices directly on the Service.

Trademark information

Motoplanete and the Motoplanete logo belong, in their present, past and future forms, to Motoplanete and its designer. Without Motoplanete's express authorization, you agree not to use or distribute the Motoplanete trademarks in any way whatsoever.

Various

These Terms and Conditions of Service constitute the entire agreement between Motoplanete and the user of the Service with respect to the use of the Service, and supersede any prior agreements between you and Motoplanete. You may also be subject to additional terms and conditions of use specific to certain services, third-party content and third-party software, which will be communicated to you when you access such services, content or software. Motoplanete's failure to exercise its rights under the present terms does not constitute a waiver of such rights. In the event that any of the provisions of the present Terms of Use are annulled by a court decision, the parties agree to guide the judge so that the judge's assessment takes into account the common intention of the parties as expressed in the present Terms of Use, the other provisions remaining valid and continuing to apply between the parties. Article titles are for guidance only.