3. DESCRIPTION OF SERVICE
BOOK.FR provides users with an Internet service platform (the "Portfolio manager page") on which they can create and manage one or more online portfolios. BOOK.FR also provides users with a online portfolios directory and
top list. (the "Portfolios directory")
4. MODIFICATIONS TO SERVICE
BOOK.FR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BOOK.FR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Subscribers must be over 18 years of age.
Registration is not open to subscribers working as agents for artists (manager, artist agency).
BOOK.FR reserves the right to withhold services from any users and portfolios that it considers as being liable to jeopardise its brand image and/or its material or moral interests, at its sole discretion.
You agree to provide true, accurate and complete information about yourself (the "Registration Data") and promptly update the Registration Data to keep it true, accurate and complete.
7. USER ACCOUNT, PASSWORD AND SECURITY
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password. It is up to you to select complicated passwords to limit the possibility of intrusion. See our recommendations for creating a complicated password
. You are responsible for ensuring the absolute confidentiality of passwords. You must notify us immediately of any unauthorised use of a password or if you think that a password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
8. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not BOOK.FR, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Under no circumstances will BOOK.FR be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
1. publishing or transmitting, by any means, Content of po
rnographic nature, presenting scenes of violence or torture, or which may be prejudicial to human dignity, degrading or humiliating; BOOK.FR will determine, at its sole discretion, whether Content falls into the erotica or po
2. publishing or transmitting, by any means, Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of the privacy of others, hateful, or racially, ethnically or otherwise objectionable;
3. quote or promote a media that publishes or broadcasts Content of po
rnographic nature, presenting scenes of violence, Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of the privacy of others, hateful, or racially, ethnically or otherwise objectionable, in particular: websites, written press, television, and this irrespective of the means used: text, link, image, sound or video;
4. List a portfolio on an Internet site or on any other media that has no relevance to art; especially, but not exhaustively : meeting sites, es
cort directories, st
riptease directories, Internet site that publish po
rnographic, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
5. offering st
rip-tease or es
6. using BOOK.FR for soliciting or prostitution purposes;
7. impersonate any person or entity, including, but not limited to, a BOOK.FR official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
9. publishing or transmitting by any means whatsoever any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
10. publishing or transmitting by any means whatsoever any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
11. transmitting by any means whatsoever any unsolicited or unauthorized advertising, promotional materials;
12. publishing or transmitting by any means whatsoever any material 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 hardware or telecommunications equipment;
13. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
14. violate any applicable local, state, national or international law
15. "stalk" or otherwise harass another; and/or
16. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
9. Protecting the Content of books
There is no technical means of preventing Content being copied. If you do not want your Content to be copied, do not publish it on-line on the internet.
It is possible to limit access to some parts of your book using a password. It is up to you to select complicated passwords to limit the possibility of intrusion. See our recommendations for creating a complicated password
. You are responsible for ensuring the absolute confidentiality of passwords. You must notify us immediately of any unauthorised use of a password or if you think that a password is no longer confidential.
10. REGISTRATION IN THE PORTFOLIOS DIRECTORY
BOOK.FR reserves the right to delete from the portfolios directory and without notice any portfolios listed in categories which do not match the content of the book or the skills of the person.
11. MONITORING OF CONTENT
You acknowledge that BOOK.FR may or may not pre-screen Content, but that BOOK.FR and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
12. PROPRIETARY RIGHTS
BOOK.FR claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, Posting or displaying Content on or through the Service, you grant BOOK.FR a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the Service or any other BOOK.FR Services. This license terminates when such Content is deleted from the Service. BOOK.FR reserves the right to syndicate Content submitted, Posted or displayed by you on or through the Service and use that Content in connection with other services offered by BOOK.FR.
BOOK.FR 's Rights
BOOK.FR and its affiliates and licensors own and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by BOOK.FR, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of BOOK.FR 's proprietary information.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your BOOK.FR I.D.), use of the Service, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BOOK.FR has no control over such sites and resources, you acknowledge and agree that BOOK.FR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that BOOK.FR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BOOK.FR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOK.FR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. HOLD HARMLESS AND INDEMNITY
You agree to hold harmless and indemnify BOOK.FR from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BOOK.FR will provide you with written notice of such claim, suit or action.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOK.FR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. TERM AND TERMINATION
19. MISCELLANEOUS PROVISIONS
Editor : Leati
Europarc de Pichaury Bât. B5, 1330 avenue G. de la Lauzière, 13856 AIX-EN-PROVENCE cedex 3, FRANCE
RCS : AIX-EN-PROVENCE A 453 014 441
TVA N° : FR03453014441
Site registered with the CNIL (French Data Protection Authority) under N° 1285094
Hosting : SIVIT, 1 bis rue Duvernay, 42110 FEURS, FRANCE