ARTICLE I - DEFINITIONS
- « Applications » : These are the IMAGINA and IMAGINA PRO applications. - « IMAGINA » : Means the company IMAGINA as described in article 2 of the present General Conditions of Use, publisher of the Site and the Applications. - « Partners » : It is professionals, traders, associations or organizations that collaborate with IMAGINA. - « Part(s) » : Means indifferently IMAGINA, the Visitor or the User of the Website and/or the Applications. - « Services » : Means all the services provided by IMAGINA through the Website and/or the Applications and described in article 3 of the present General Conditions. - « Website » : Means the website published by the company IMAGINA and available via the URL https://imagina.com/. - « User » : Internet user who creates an account in order to benefit from the Services provided by the website and/or the Applications. - « Visitor » : Internet user who visits the website but does not create a user account visitor.
ARTICLE II - OBJECT
The present General Conditions of Use (hereinafter "The General Conditions") bind the company IMAGINA, SAS with a capital of 15,000 euros, registered in the Trade and Companies Register of Vannes under the number 821 745 593, having its headquarters at 110 Avenue de la Marne VANNES, represented by Mr. Steve COTONNEC in his capacity as president - and its Users or Visitors. The purpose of the General Conditions is to set out the terms and conditions for accessing and using the Services offered on the Site and the Applications. The Services are described in Article 3 of these General Conditions. In the event of a contradiction between the General Conditions and the legal notices of the Site and the Applications, the General Conditions shall prevail.
ARTICLE III - DESCRIPTION OF SERVICES
IMAGINA is a social network. The Services offered by IMAGINA are broken down and accessible in the form of two (2) Mobile Applications. The Services are alternative or cumulative and complementary. Imagina allows the User to find information of all kinds on the places that surround him daily such as local shops, accommodation, places to go out, to eat, to rest, trade shows and events, permanent spaces (leisure and cultural parks,...), etc. The User can view information on the Partners. IMAGINA has developed a functionality that allows the User to be connected even more precisely to what surrounds the User through the use of iBeacon technology (micro-location). By logging on to the Application, the User receives, through notifications, real-time information on current or upcoming events in their favourite places and stays connected through the news feed. The User may also share content with other Users in their community.
ARTICLE IV - ENTRY INTO FORCE AND DURATION
The General Conditions come into force as soon as they are published online and apply to all Users and Visitors. The General Conditions may be adapted, modified or revised at any time. In case of modification, the User is warned the next time he/she connects to the Site and/or the Applications that the General Conditions have been modified and is invited to read and accept them. Only the version in force of the General Conditions on the day of the use of the Website and/or the Applications will have legal value between the Users or Visitors and IMAGINA. The User or Visitor must consult them regularly and especially before each use of the Services. The General Conditions are concluded for an indefinite period of time and can be terminated at any time by the User, without any particular reason, by requesting IMAGINA to close and delete the User's account by email to the address : email@example.com. The closure and deletion of the account will take place in two steps. At the request of the User, IMAGINA will deactivate the account for a period of two (2) months. During this period, the User will have the possibility to change his/her mind and reactivate his/her account or ask IMAGINA to reactivate it. At the end of this period and provided that the User has not reactivated his account or asked IMAGINA to reactivate it, IMAGINA will definitively delete the account of the User provided that no operation is in progress. On the other hand, IMAGINA reserves the right to temporarily or permanently deactivate the registration of a User and to stop providing its Services in the following cases :
- in the event of a breach of the General Conditions ;
- if IMAGINA is unable to verify or authenticate the information provided, and the User does not comply with its requests for verification and/or authentication;
- if the actions of the User are likely to engage the responsibility of IMAGINA, a User, a Visitor or a Partner;
- if the User's account remains inactive for a period of twenty-four (24) months.
ARTICLE V - CONDITIONS OF ACCESS TO SERVICES
5.1. Technical access The User and/or the Visitor must ensure the compatibility of their computer hardware and software installed to access the Site and/or the Applications. The Site is accessible to the User or Visitor at https://imagina.com/. To access the Site and the Applications, the User or Visitor must have an Internet connection. In order to benefit from the functionalities offered by the Applications in an efficient way, IMAGINA must be able to access its geolocation system. The conditions for obtaining the User's consent are set out in article 13 of these General Conditions. 5.2. Availability of Services The Services are accessible to Visitors and Users 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the control of IMAGINA and possible breakdowns. In order to ensure the technical maintenance of the Website and/or the Applications, IMAGINA may punctually interrupt access to them. Whenever possible, IMAGINA shall inform the Visitor or User in advance of any interruption of the Services. 5.3. Conditions of access Users Registration is only permitted for legal persons and natural persons over 18 years of age who have the capacity to perform legal acts. The registration of a legal person may only be undertaken by a natural person entitled to represent it, who must be named. Visitors who wish to register and access the Services must provide the information indicated as mandatory and marked with the "*" symbol. This registration will allow the Visitor to be identified more easily on subsequent visits. The User's account is personal. The Visitor must choose a personal identifier and password. At the end of each session, the User must ensure that he leaves his personal space. The User is responsible for maintaining the confidentiality of his password and personal space, and is fully responsible for any act involving the use of his login and password. In the event of loss or theft of the identifier and/or password, or in the event of use by an unauthorised third party, the User must immediately contact IMAGINA by email at firstname.lastname@example.org. The processing of personal data by IMAGINA is governed by article 13 of the General Conditions and in the Legal Notice. The User's personal space contains in particular :
- the user's profile ;
- his or her interests ;
- a customisable news feed ;
- a card, discussions, blogs and blog posts, online announcements ;
- its subscribers and subscriptions.
- not to proceed with the registration;
- to take the user account offline;
- to request evidence from the User in question.
ARTICLE VI - FREE SERVICES
There is no charge for using the Services. The cost of telephone communications and Internet access shall be borne by the Visitor or User.
ARTICLE VII - INTELLECTUAL PROPERTY
The sign was the subject of a trademark application filed with INPI by IMAGINA on 18 October 2016 and registered under number 4308142. The domain name https://imagina.com/ the brand IMAGINA and the logo of IMAGINA are protected. These elements may not be used without the express authorisation of IMAGINA. The same applies to the distinctive signs of the Partners. The Visitor or User acknowledges that the content, including without limitation, the texts, the Partner database, the computer programs, music, sounds, photos, graphics and videos on the Site and/or the Applications are protected by copyright, trademark law or any other rights and laws relating to intellectual property. The Visitor or User acknowledges that he/she is only authorised to use these elements and information within the limits expressly set out herein. Any use not expressly authorised by IMAGINA under the General Conditions is illicit, in accordance with articles L.122-4 and L.122-6 of the Intellectual Property Code. In particular, it is forbidden for the User or Visitor to proceed to :
- any representation, distribution or marketing of the elements of the Site, the Applications and the Services, whether free of charge or against payment ;
- any form of use of the Site, the Applications and the Services in any way whatsoever for the purpose of designing, producing, distributing or marketing a similar, equivalent or substitute service ;
- any direct or indirect provision of the Site, the Applications and the Services for the benefit of a third party, in particular by rental, transfer or loan, even free of charge, except in the case of prior written agreement from IMAGINA ;
- any use for treatment not authorised by IMAGINA.
- to extract by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of the content of the Site and/or the Applications onto another medium, by any means and in any form whatsoever,
- to re-use all or a qualitatively or quantitatively substantial part of the content of the Site and/or the Applications by making it available to the public,
- to repeatedly or systematically extract or reuse qualitatively or quantitatively insubstantial parts of the content of the Site and/or the Applications when these operations manifestly exceed the normal conditions of use of the Site and/or the Applications ;
- to commercially exploit its access rights to the Site and/or the Applications with third parties.
ARTICLE VIII - RIGHT OF USE
IMAGINA grants the Visitor and the User a non transferable and non exclusive right to use the Website, the Applications and the Services. The granting of the right to use the Site, the Applications and the Services does not entail the transfer of any right of ownership of the Site, the Applications and the Services to the Visitor or the User. The Visitor and the User undertake to use the Services for their own needs only.
ARTICLE IX - RESPONSIBILITY
Generalities Imagina undertakes to take all possible care in the execution of the General Conditions. In this respect, and for all the obligations incumbent upon it, it is bound by an obligation of means. The responsibility of IMAGINA is the host regime, of the technical intermediary. The modalities of notification of inaccurate or illicit statements or those of an offensive, discriminatory or defamatory nature are provided for in article 11 of the General Conditions. IMAGINA is not responsible for any use of the Services that does not comply with the General Conditions. IMAGINA declines any responsibility in case of possible prejudice that could result from the unavailability of the Website and/or the Applications or from a connection problem to the Website and/or the Applications. IMAGINA will not be responsible for any loss or damage that may result from the loss or fraudulent use of passwords and/or login. In addition, IMAGINA shall not be liable for any delay or failure to fulfil its contractual obligations as a result of force majeure as defined by the courts. The Party believing that an event of force majeure has occurred shall immediately notify the other Party in writing of such circumstances and of the time when it believes that the event may end. In any case, IMAGINA is only liable for direct and foreseeable damages suffered by the Visitor and/or the User, excluding indirect damages as defined by the French courts. Information provided by the Partners IMAGINA distributes and makes available to Visitors or Users information transmitted by Partners. IMAGINA cannot verify or guarantee the truthfulness, completeness and accuracy of the information provided. IMAGINA shall not be held responsible for any errors, whether obvious or not, and for any imprecise, misleading or erroneous information, or any lack of information whatsoever.
ARTICLE X - INSURANCE
IMAGINA certifies to the User that it holds insurance covering its professional civil liability limited to material and physical damage directly related to the execution of the Services for the purposes of these General Conditions and subscribed with a solvent company.
ARTICLE XI - NOTIFICATION
Any User or Visitor who considers that certain information available on the Site and/or the Applications is inaccurate, or even illicit, or is offensive, discriminatory or defamatory, is invited to submit a notification. The User or Visitor must bring to the attention of IMAGINA any message that advocates crimes against humanity, incites racial hatred, touches on child pornography, incites violence or violates human dignity. Notification shall take the form of an email sent to the address email@example.com or via a contact form made available on the Site and/or the Applications in which the User or Visitor shall state his/her surname, first names, address and a description of the disputed facts. The notification must include a description of the disputed facts and their precise location on the platform, the reasons why the content must be removed, including a reference to the legal provisions and justifications of the facts. The attention of the User or Visitor, author of a notification, is drawn to the fact that an inaccurate denunciation is likely to expose him/her to penal sanctions and he/she agrees to guarantee IMAGINA of the possible consequences of an improper notification. IMAGINA undertakes to react promptly to any notification from a User or Visitor made in the correct form and at first sight founded. IMAGINA will take care to preserve the anonymity of the User or Visitor, author of the litigious remarks, while reserving the right to take any useful measure against him.
ARTICLE XII - COMMENTS, CRITICISM, COMMUNICATIONS, CONTENT
The User of the Website and/or the Applications may send IMAGINA criticism, comments or any other content; submit suggestions, ideas, questions or any other information as long as this content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or prejudicial to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters or any other form of "spam". The User shall not use a false email address, impersonate any person or entity, or lie about the origin of the content. IMAGINA reserves the right, at its sole discretion, to remove or modify any content.
ARTICLE XIII - PERSONAL DATA
In accordance with the modified law n° 78-17 of January 6, 1978, called "Informatique et Libertés", IMAGINA is registered with the CNIL under the receipt number 2014795. No personal data is collected without the knowledge of the User or Visitor by IMAGINA. Any User or Visitor is informed that the personal data he/she communicates through the forms present on the Site and/or the Applications are necessary to answer his/her request. The User or Visitor is informed that the information collected is subject to computer processing for the purpose of carrying out operations relating to customer management concerning : contracts; orders; invoices; accounting and management of customer accounts; a loyalty programme; monitoring customer relations such as satisfaction surveys, management of complaints and after-sales service; carrying out operations relating to canvassing; carrying out solicitation operations; the preparation of commercial statistics; the organisation of competitions, lotteries or any promotional operation, excluding online gambling; the management of requests for access, rectification and opposition rights; the management of unpaid bills and disputes; the management of people's opinions on products, services or content. IMAGINA indicates to the User or Visitor the data that are mandatory for the execution of the Services by means of the following sign: ' * '. If the User or Visitor does not respond to the fields indicated as mandatory, he/she will not be able to register and benefit from the Services provided by IMAGINA. The recipient of the data are :
- people in charge of the marketing department, the sales department, the departments responsible for handling user relations and canvassing, the administrative departments, the IT and technical departments and their line managers ;
- IMAGINA's subcontractors.
ARTICLE XIV - COOKIES
A cookie is a piece of information deposited on the hard disk of the Visitor's or User's computer by the Site/Application's server or by a third party server. A cookie makes it possible to memorise the choices made by a User or a Visitor and to easily recognise the User and the Visitor by means of a unique username. For the management of the content of its Website and/or Applications, IMAGINA uses several technologies and in particular the Google Analytics solution, which deposits cookies on the User's and Visitor's terminal. The cookies used are for the purpose of :
- share content with other users ;
- manage user accounts ;
- measure the audiences of the Site and/or the Applications ;
- analyse the centres of interest of Users or Visitors.
ARTICLE XV - GENERAL CLAUSE
If one or more of the provisions of these General Terms and Conditions are null and void in application of a law, a regulation or following a final decision of a competent court, they shall be deemed unwritten and shall not entail the nullity of the other provisions unless they are of a substantial nature. The Parties shall replace the invalid provisions by means of an amendment with new provisions that are legally valid and as close as possible to the intended meaning and purpose in legal and economic terms. The fact that IMAGINA does not exercise, at any time, any of the prerogatives recognised in the General Conditions shall not be interpreted as an express or tacit waiver of the right to exercise said prerogative in the future.
ARTICLE XVI - APPLICABLE LAW AND JURISDICTION
The General Conditions are subject to French law. Any dispute or disagreement relating to the formation, validity, interpretation or execution of the General Conditions shall be settled amicably between the Parties as a matter of priority. In case of persistent disagreement between IMAGINA and a User, the competent court will be at the choice of the User :
- that of the defendant's place of residence in France ;
- that of the place where the User resided at the time of the conclusion of the contract or the occurrence of the harmful event.