Article 2. – Use of the Service
In order to access this Service, you must have reached the age of majority and have full legal capacity.
Access to the Website is free of charge for all visitors of the Website (hereinafter “the Users”) who have an Internet access, provided that the User certifies that it has verified that the computer configuration has no viruses and that he will bring no harm to the Service.
The REDLINE Company (hereinafter “REDLINE”) reserves the right to refuse access to a User in violation with these Terms, without prior notice.
REDLINE shall in no event be liable for any damage caused by the use of the Website due to a malfunction of the network or server or any other event beyond its reasonable control.
Furthermore, REDLINE reserves the right to terminate, suspend or modify without prior notice, access to all or part of the Website in order to ensure the maintenance of the Website, or for any other reason, being specified that this interruption does not entitle to any compensation or obligation on behalf of REDLINE.
Article 3. – Description of Services
The Service offered to the User presents the « REDLINE » concept (www.redline-univers.com), an online Shop, enabling to buy the “REDLINE” products (www.redline-boutique.com), and a Blog in order to follow all the news related to the trademark (www.redline-blog.com).The Service may also include an interface that allows Users to post comments, particularly on the Blog.
The sale of products through the online Shop is subject to the Terms of Sale, available on the online Shop website.
Article 4. – User’s Obligations
The User hereby guarantees it will not publish any content that infringes or violates third parties’ rights or otherwise violates the law or regulations in force.
In particular, the User undertakes not to publish any content that is :
- Likely to affect or be contrary to public order, or morality, or offend the sensitivity of minors.
- Likely to incite to hatred, violence, anorexia, manufacture and use of explosives, suicide, racism, anti-Semitism, xenophobia, homophobia, preaches war crimes or crimes against humanity;
- Of pedophile or child pornography nature;
- Likely to incite to commit a crime, an offence or an act of terrorism;
- Likely to incite to discrimination against a person, group of persons, or a company, because of the person’s ethnicity, religion, race, or because of its’ sexual orientation or disability;
- Denigrating and defamatory, inaccurate or deliberately truncated;
- Likely to infringe the rights to a reputation, privacy or image of third parties or of a trademark;
- Likely to affect the intellectual property rights of third parties.
The User shall promptly inform REDLINE of any legal action, and any claim, dispute or complaint caused by the content of comments.
It is also strictly forbidden to the User to provide an advertising service on its comments unless it has obtained REDLINE’s prior express consent.
It is also prohibited to the User to include in its comments a hyperlink, as well as any content, promoting a website or a company engaged in an activity competing with CREDDICT’s activity.
Article 5. – Liability
REDLINE disclaims any responsibility and shall not be held responsible for any content published by the Users of the Website.
REDLINE has no editorial control over these contents, therefore REDLINE, as a host, is not held by the general obligation to monitor the information stored on its Websites, nor does REDLINE have the obligation to seek facts or circumstances indicating an illegal activity, as stated in the law of the June 21st 2004, on confidence in the digital economy.
Indeed, hosts are not responsible for a litigious content that they might store, as long as they have acted expeditiously when the litigious nature of the content has been correctly brought to their knowledge.
Users are personally responsible for complying with legal and regulatory provisions in force, in particular regarding intellectual property rights of others.
When the contents have not been created by the Users themselves, they are required to ensure that the posting of such content does not constitute a violation of privacy rights, in particular concerning the image of a person, and intellectual property rights of third parties, by verifying, when appropriate, that the scope of the rights assigned allows them to put them online, and that they have duly paid the corresponding payments to the right holders.
Also, Users shall hold REDLINE harmless from and against all demands, claims, complaints, actions that could be exercised against it due to such content.
Finally, REDLINE does not warrant that the functioning of the Website is secure, nor fully compatible with the hardware or software used by the User.
Article 6. – Reporting illegal content and requests to remove or correct personal information
As a host, REDLINE has the obligation to remove or make the access to the infringing content impossible, according to the legal provisions stipulated in article 6 of the law on confidence in digital economy, n°2004-575 of June 21st 2004.
Users have the possibility to warn REDLINE of such obvious illicit content by notifying REDLINE under the conditions provided under article 6-I-5 of the law on confidence in digital economy, n°2004-575 of June 21st 2004.
REDLINE may also spontaneously remove any obviously illicit content.
REDLINE may also inform the relevant public authorities of such obviously illicit content brought to REDLINE’s attention while conducting its business.
Moreover, in accordance with the French Data Protection and Freedom of Information Law (Loi Informatique et Liberté) of January 6th 1978, the Users have a right of access, to object and of correction of the personal data which they have communicated to the Website.
These requests shall be addressed to REDLINE by e-mail at [email protected].
Article 7. – Intellectual Property
All elements of the Website, whether visual or audio, including the underlying technology, all intellectual property rights such as trademarks, service marks or shape marks, copyright and data bases rights are all the exclusive property of REDLINE.
Unless otherwise specified, intellectual property rights contained on the Website and each element created for this Website are the exclusive property of REDLINE, who does not grant any license or any other right.
The reproduction of any pages or contents of the Website is subject to REDLINE’s prior written approval.
The reproduction of any documents published on the Website is only authorized for the exclusive purpose of information for strictly personal and private use, any reproduction and any use of copies made for other purposes being expressively prohibited.
It is also prohibited to copy, modify, create a derivative work, reverse engineer, disassemble or otherwise attempt to locate the source code (except as provided by law) or to sell, assign, sub-license or transfer in any way the rights attached to the software.
It is also forbidden to modify the software in any way ore to use modified versions of the software, and in particular (including but not limited to) in order to gain unauthorized access to the Service or to access to the Site by another means that by its actual interface.
The Website as well as any necessary software used in connection with it, may contain confidential information and be protected by intellectual property laws in force or any other law.
A User who has a personal website, may display, for personal use, on its website a hyperlink to the Website, provided the User does so in a fair and lawful manner.
However, it is forbidden to establish a hypertext link that suggests a form of association, approbation or endorsement from REDLINE.
The Website shall not be integrated in another website.
Furthermore, it is prohibited to display a hypertext link that refers to another page than the homepage.
REDLINE reserves the right to require the removal of any link.
Article 8. – Information and Confidentiality
Cookies do not make the identification of a User possible, they are files which allow to record the path of a User on a website. They record information regarding the browsing of a computer on the Website (pages visited, date and time of the visit, etc.), information which can be remembered for future visits (recognition system of the User on the website). This information remains in the User’s computer during six months.
It is recalled that the User may oppose the registration of "cookies" by configuring their browser in the following way:
For Mozilla Firefox :
1. Choose the “tool” menu and click on “options”
2. Click on the “privacy” icon
3. Find the “cookie” menu and choose your preferences.
For Microsoft Internet Explorer 8.0 and 9.0 :
1. Click on “Start”, then on “Control Panel”, then “Internet Options”
2. Click on the “General” tab, then under “Browsing History”
3. Click on “Delete”
4. Under “Cookies”, click on “delete the cookies” then on “Yes” to confirm the deletion.
For Microsoft Internet Explorer 7.0
1. Click on “start” then on “Internet Explorer”
2. Click on “security” then on “delete history”
3. Click the checkbox “Cookies”
4. Click on “delete”
For Microsoft Internet Explorer 6.0 :
1. Choose the “tool” menu than on “Internet Options”.
2. Click on “Confidentiality”
3. Select the desired level with the cursor
For Microsoft Internet Explorer 5 :
1. Choose “Tools” than click on “Internet Options”
2. Click on “Confidentiality”
3. Select the desired level with the cursor
For Netscape 6.X and 7.X :
1. Choose “Edit” > “Preferences” in the menu
2. Confidentiality and Security
For Opera 6.0 and over :
1. Choose “File” > “Preferences”
REDLINE may, for commercial reasons, transmit to a trading partner the identity and contact information of the User, with the prior consent of the User, according to the device put online on the Website. This agreement may be modified by e-mail addressed to the Seller.
As REDLINE cannot control these websites, REDLINE cannot be held responsible for the availability of these websites, and shall not be liable for any content, advertising, products or other materials on or available from these sites. REDLINE cannot be held responsible for any damages or losses, true or alleged, arising from or related to the use or the fact of having put its trust in the content, goods or services available on these sites or external sources.
In addition, the personal information provided by the User is stored by REDLINE or by a third party managing the archiving of the collected data.
REDLINE is indeed required to hold and maintain the data that may allow identifying any person who contributed to the creation of content on its services.
According to the French Data Protection and Freedom of Information Law (Loi Informatique et Liberté) of January 6th 1978, the User has a right of access, objection, correction and deletion of the data relating to it. If the User wishes to exercise its rights, he must contact at 01 44 64 92 24, or send an email at [email protected]
The processing of information collected on the Site is the subject of a declaration to CNIL, the French data protection agency, under n° 1581186.
Article 9. General Provisions
9.1. Entire Agreement
The parties hereby accept that this Agreement constitutes the entire agreement between them and replaces any offer, provision or prior agreement, oral or written.
9.2. Contract Amendment
No subsequent document, no modification of the contract, regardless of the form, shall be effective between the parties without taking the form of an endorsement dated and signed by them.
If any term or other provision of this Agreement was regarded as void by any rule or law or a final court order, all other conditions and provisions of this agreement shall nevertheless remain in full force and effect, the invalid clause being deemed never to have existed.
The fact for any party at any time not to require performance of any provision provided under this Agreement or to agree to its non-fulfillment, whether permanently or temporarily, shall in no way be regarded as a renunciation by this party to the rights resulting from the said provision.
The User’s address is indicated on the order form and REDLINE’s address is available on the Website.
9.6. Applicable law and disputes
These conditions are subject to French law.
The competent court in case of dispute will be the place of domicile of the defendant, or, the place where the goods were effectively delivered, at the defendant's discretion.