BIOBBLE - 59 rue Vaucouleurs, 33800 Bordeaux – FRANCE – Telephone (+33) 533 482 451, is a Limited Liability Company with a capital of €48,410, registered near the Chamber of Commerce, Bordeaux RCS number 483 043 212, and represented by Alexandre Jardel.
Your acceptance of the terms and conditions hereinafter constitutes a contract between BIOBBLE Inc.Ltd, and the Subscriber. Subscribers are invited to accept the terms and conditions and formally validate their request for publication, according to the methods defined on the conditions of subscription (Internet or written.)
1.1 " Biobble Inc. Ltd," henceforth designates under the name 'BIOBBLE' the Management Company of services for publication, information, and image preservation, for all media.
1.2 "All media" refers to the means of safeguarding and transmitting information through multimedia data support systems (electronically, in writing, on computers or other data carriers now known or later developed,) allowing distribution or preservation by BIOBBLE of all data submitted by subscribers.
1.3 "Subscriber" refers to someone who solicited subscription and submitted information and images for Biobble, with intent to distribute through all media offered.
1.4 "Visitor" refers to any person who has access to the publications on any of the available media.
1.5 E-portrait refers to what anyone can create on Biobble.com : a personal and biographical website.
2. USE POLICY - RIGHT OF ACCESS
2.1 - Ownership rights of information and images communicated.
2.1.1 - Any commercial use of a biobble, partial or total reproduction of its contents - texts, documents, pictures, or other - published on the BIOBBLE website, at the subscriber's request, is strictly prohibited.
2.1.2 - Copyrights affecting the information, documents and images published on the BIOBBLE website or on all other media offered by BIOBBLE, will remain the property of the subscribers.
2.1.3 - The subscribers must make sure that they are the rightful owners of the material submitted for publication on all media offered by BIOBBLE, or that they have previously obtained the authorization to proceed with the publication of personal information and images created by the concerned parties or the authors.
2.2 - Verification of the content of submitted data.
2.2.1 - Subscribers are solely responsible for the content of all data presented for publication on the BIOBBLE website or on any media. BIOBBLE reserves the right to deny publication of any content which, subject to enforcement provisions of the hereunder paragraph 2.2.4 :
• suggests or conveys pornographic, indecent, obscene, or otherwise inappropriate sexual contents (expressed or implied,) threatens the decency or morality or is injurious in any way to minors,
• is defamatory towards physical or moral entities, goods or services of any nature, French or foreign,
• violates or infringes in any way the private life of any individual, and any right relative to communication/diffusion of any information of a personal nature,
• incites to violence or hatred, or discriminates on the basis of ethnicity, gender, skin colour, national origin, religion, age, marital status, handicap, or any other legally protected status, or any other discrimination,
• is blasphemous or provocative to religious beliefs,
• is deceitful, false, or inaccurate as to the qualities, characteristics, or competence of any individual or legal entity,
• discloses or reveals any confidential information pertaining to another person, State or National secrets, classified information, etc,
• violates property rights on patents, copyright laws; trademarks ,trade names, trade secrets, licenses, or any other rights of industrial and manufacturer property, as well as intellectual property rights,
• threatens public health or public security, or in a general way disrupts law and order,
• violates any legislative clause, or laws and regulations currently in effect,
• violates any one of our Terms and Conditions.
2.2.2 - Subscribers vow not to share corrupted files, notably not to upload, e-mail, post or otherwise make available on the Website any material that contains software viruses or any other computer code, files or programs, bugs, Trojan Horses, scripts, or any such threat with intent to disrupt, destroy, or restrict the publication services managed by the BIOBBLE website.
2.2.3 - Data submitted to BIOBBLE by its subscribers will automatically be subjected to filtering and monitoring to prevent transmission of indecent or offensive material, or data conflicting with the current regulatory legislative provisions, and the existing Terms and Conditions.
2.2.4 - Any transmitted data violating the provisions of the existing Terms and Conditions will automatically be returned to sender for the necessary modifications. The author is expected to modify content in compliance with mandatory distribution guidelines of BIOBBLE Inc. Ltd. BIOBBLE Inc. Ltd. reserves the right to return offensive data to sender. If, subsequent to this second review, data is still in conflict with existing Terms and Conditions, Biobble Inc. Ltd. reserves the right to void the Contract, and the subscriber would forfeit any refund.
2.2.5 - Furthermore, should a subscriber come across inappropriate contents or activities, BIOBBLE reserves the right to forward the objectionable material to the competent jurisdiction, with no indemnity from BIOBBLE.
2.2.6 - Subscribers acknowledge, consent and agree that BIOBBLE may be forced to disclose the content of a biobble to the competent authorities when required to do so by law, or if its disclosure is reasonably necessary to comply with a legal process, e.g. in response to a court order or a subpoena.
3. LIABILITY - DISCLAIMER OF LIABILITY
3.1 - Under no circumstances will BIOBBLE be liable in any way for any direct or indirect prejudice of any nature, which would result in harm or damage to a Subscriber or a third party, from the publication of any information, images, or other data on the BIOBBLE website or on all media offered by it and requested by the Subscribers.
3.2 - The Subscribers renounce to any legal claim against BIOBBLE :
• for any error or inaccuracy within the information or images published, or for any rights infringement resulting, directly or indirectly, from the publication of information or from images or other data submitted by the Subscribers for publication on all media offered by BIOBBLE,
• for any damage to, or destruction of their computer or data processing system, resulting from the download of files or links from the BIOBBLE website,
• for any temporary or definitive interruption of the services offered by BIOBBLE, from a network outage, or from a malfunction of the Internet Service Provider network, or from problems occurring within the publication network on all media, or due to any other unforeseeable cause.
3.3 - The subscribers contract to rectify any loss or damage of any kind done to BIOBBLE as a result of uploading, e-mailing, posting or otherwise transmitting corrupted documents, images or files, scripts or computer code or program, viruses, or any such or other threat.
4. USE OF THE BIOBBLE WEBSITE BY MINORS
4.1 - The minimum age required to take advantage of our publication services, is the legal age of majority.
4.2 – It is necessary for minors who wish to publish their BIOBBLE to first obtain permission from their legal representative. Biobble recommends you restrict access to solely family and friends.
5. TERMS OF REGISTRATION
5.1 - At the time of registration, subscribers must fill out a form in order to obtain a user ID. Subscribers are invited to fill out this form in true faith and to gather exact information. BIOBBLE SARL declines any responsibility as to the reliability, integrity or accuracy of the given information or to the subsequent results of falsification, voluntary or not, of the information given on the form by the subscriber.
5.2 - The information thus transmitted will be granted right of entry and right of amendment provided by the Federal Act 78-17 of January 6th 1978 relating to Data Processing, Data files and Individual liberties.
5.3 – The subscription is validated upon the reception of an email which includes a personal ID and a link which enables the activation of you account and access to information and images, or other data, for the entire length of preservation by BIOBBLE.
6. ACCESS TO PUBLICATIONS
6.1 - Access to publications on the BIOBBLE website is free and does not require registration by the visitor.
6.2 - Information and images can, at the request of the subscribers, have restricted access to visitors. The subscriber may decide to restrict access to their e-portrait or any part of it by choosing who has access : family, friends or favorites. Subscribers on a Premium account may also restrict access to their e-portrait, or any part of it, with a password.
6.3 - BIOBBLE Inc. Ltd contracts to preserve on computers or electronically, or on all suitable media, the information and images, or other data, submitted by the subscribers.
6.4 - In the event of temporary or definitive interruption of the services provided by BIOBBLE, due to any unforeseeable cause or action, but for the provision of Section 8 hereunder, the subscribers will preserve a right of entry upon request via e-mail or postal mail, to the information they supplied and which is being preserved by BIOBBLE. To this end, the subscribers must keep their registration number indicated on their BIOBBLE Perpetual Membership Card, the new user ID they have chosen, and their secondary password if necessary.
7. SERVICE FEES
7.1 – The writing and publishing of information is free.
7.2 - The conservation offered in the ‘Infinite Option’, the access to the ‘Biobble VIP Services’ and the ‘Premium Account’ are all fee-paying, with each price being indicated on the summary of the subscription.
7.3 – The formulae proposed by BIOBBLE SARL allows the subscriber to change to a different account with a simple request.
7.4 - Consulting the BIOBBLE website is free.
8. RIGHT OF RETRACTION IN THE EVENT OF SUBSCRIPTION BY MAIL OR SOLICITATION
8.1 It is reminded that as implemented under Section L 121-20 of the Consumption Code, subscribers have a seven clear day limit from the time of delivery of their order, to return the items to BIOBBLE for exchange or refund, without penalty, less return expenses.
8.2 This retraction time limit applies only to orders placed by mail or through solicitation.
8.3 The seven clear day limit starts upon the effective date of reception of your BIOBBLE Perpetual Membership Card.
8.4 When the allotted seven clear day limit falls on a Saturday, a Sunday, or on a holiday, the deadline is extended to the next working day.
9. TERM AND TERMINATION OF CONTRACT
9.1 - The contract agreement is concluded for an unspecified length of time, and can be terminated by either party, without prior notice or compensation, via regular mail.
9.2 - The contract can also be terminated by BIOBBLE at any time, with no compensation and no prejudice for the indemnities which BIOBBLE Inc. Ltd. would have to claim, in the event of a violation by the subscriber of any bond defined in the herein Terms and Conditions.
9.3 - The information and images and documents distributed on the BIOBBLE website, and through all media offered by BIOBBLE, will consequently be removed within a 3 month limit, and BIOBBLE Inc. Ltd will proceed to their destruction.
9.4 - The contract would also be terminated by right and with no compensation from BIOBBLE Inc. Ltd, if, as a result of technical or other difficulties, BIOBBLE was not able to continue the publication of the information and images submitted for publication. Should this happen, BIOBBLE Inc. Ltd contracts to preserve, on behalf of the Subscribers, the information, images, and other data received.
9.5 - Under no circumstance will there be any reimbursement in the event of contract termination.
10. TERMS OF PROVISION
10.1 - The present contract is governed by French laws. Should any dispute arise from the implementation of its interpretation, or from consequences of termination of contract, the litigation will be submitted to the competent French jurisdictions.
10.2 - Should any clause of the herein Terms and Conditions be cancelled (or changed : see 10.6 hereunder,) this would not lead to cancellation of the entire contract.
10.3 - All mail must be addressed to: BIOBBLE SARL, 59 rue Vaucouleurs, 33800 Bordeaux, France.
10.4 - Unless otherwise stated, all listed prices are in Euros, all tax included.
10.5 - The publications on any of the media will be available in French. Other versions in other languages will later be available, and the information submitted by the Subscribers will automatically be translated. Your acceptance of the herein Terms and Conditions implies your anticipated and irrevocable acceptance for BIOBBLE Inc. Ltd to translate and distribute the information given by the subscribers in another language than French, under the same conditions as those herein stated.
10.6 - The herein Terms and Conditions might be subject to modifications, should it prove necessary, by BIOBBLE Inc. Ltd, without previous warning or notification. Such modifications would not imply a termination by right of the present contract ; they would only substitute the previous provisions regarding relations between the parties.
10.7 - Your acceptance of the herein above Terms and Conditions is required in order to access the services offered by BIOBBLE.