DIFFERENCE.CLICK WEBSITE TERMS AND CONDITIONS OF USE

Updated on: 27/10/2020

ARTICLE 1 – PRESENTATION :

The Difference.click website is a generalist listings and rankings website.

ARTICLE 2 – SCOPE AND ACCEPTANCE:

The purpose of this document is to define the terms and conditions under which, on the one hand, Différence.click makes the site and the services available on the site available to its Users and, on the other hand, the manner in which the User accesses the site and uses its services.

These General Terms and Conditions of Use are accessible at any time on this website and shall prevail, if necessary, over any other version or any other contradictory document. The modifications of these General Conditions of Use are opposable to the Users of the site from the moment they are put on line and cannot apply to transactions and operations concluded previously. They may be modified at any time and without notice in order to comply with any changes in laws and jurisprudence. The general conditions applicable to the User are those in force on the day of his connection to the site.

For the User, the use of the Difference.click site implies acceptance of all the conditions described below. Any connection to the site is subject to compliance with these conditions. If a User does not wish to accept these Terms and Conditions, or if he or she does not agree with the ethics of Difference.click, he or she is urged to renounce the use of the site and all associated services.

In addition, Difference.click reserves the right to suspend access to the site and its services to any User who repeatedly fails to comply with the general terms of use and the general terms of sale and, more generally, who displays behavior or comments that are contrary to good morals, public order or intellectual property rights, without compensation or consideration. The user may only use the Difference.click site if he/she has the necessary legal capacity or, if he/she is a protected adult, if he/she has the authorization of his/her guardian or tutor, or if he/she is a minor, if he/she has the authorization of his/her legal representative. The Internet user recognizes the value of proof of the automatic recording systems of the editor of the present site and, except for him to bring proof to the contrary, he renounces to dispute them in case of litigation. All files, databases, connection logs may be used as evidence in case of dispute.

ARTICLE 3 – USE OF THE SITE :

1. Access to the site
   Difference.click strives to provide access to the site 24 hours a day, 7 days a week, except in the case of force majeure or an event beyond the control of Difference.click, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the site and services.

The site is accessible free of charge from any location to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at the User’s expense. Consequently, Différence.click cannot guarantee the availability of the site and/or services, the reliability of transmissions and performance in terms of response time or quality. Différence.click cannot be held responsible for the impossibility of accessing this site and/or using the services.

Moreover, Différence.click may interrupt the site or part of the services at any time without notice and without right to compensation. The User acknowledges and agrees that Difference.click is not responsible for such interruptions, and for the consequences that may result for the User or any third party.

The non-member User does not have access to the services reserved for members. To do so, he/she must log in using the User ID and password he/she provided at the time of registration.

2. Registration on the site
   In order to participate in the site, the User must have a personal account on Différence.click. To create an account and become a Member of the site, the User must complete a form on the registration page.

The User must provide a certain amount of information at the time of registration, including: choose a unique nickname provide a current, non-disposable personal e-mail address provide a date of birth create a personal and confidential password repeat the password once to avoid any errors declare his or her gender by checking the “Male” or “Female” box accept these Terms and Conditions of Use without reservation by checking a box.

The nickname chosen by the user must not be insulting or familiar. Otherwise, the nickname will be changed or the user account will be deleted or the user will be banned from the site.

Once the form is completed and validated, an email is automatically sent to the email address provided. The purpose of this email is to confirm that the User is the owner of the email address he/she provided. In order for the Member’s registration to be accepted, the User must click on the link provided in the email he/she received and see the following message displayed: “Your account has just been successfully confirmed! “. Once all the steps of the registration are completed, the Member must log in once to access his personal account.

Only persons of legal age, i.e. those over 18 years of age, may register on the site and create an account. Minors must have parental permission to register.

All information entered by Members on this site will not be transmitted or communicated to anyone and will be kept strictly confidential. Difference.click cannot be held responsible for any erroneous information provided by a Member and for any consequences that may result.

It is reminded that the password is personal and confidential. The User agrees not to disclose it and to keep it secret. It is the User’s responsibility to protect his or her password against any external attack and any malicious use of the User ID and password. Difference.click shall not be liable for any account “hacking” that results from User’s negligence in protecting his/her User ID and password. All Members are required to notify Difference.click of any fraudulent use of their account by a third party.

In order to comply with the Loopsi2 law and recent jurisprudence, Différence.click reminds you that any usurpation of the identity of individuals or legal entities is punishable by one year in prison and a fine of €15,000. Difference.click therefore reserves the right to suspend and immediately delete any User account that impersonates a third party, notwithstanding any legal action that may be taken by the individuals or legal entities whose identity has been impersonated on the Difference.click site.

3. Unsubscribing from the site
   The User may, at any time, unsubscribe and/or request the removal of content that he or she has posted on the Difference.click Web site by sending a written request to the following e-mail address: .

The User can also delete the content that he has integrated more quickly, by using the “Delete” button provided for this purpose on his publications when the button is present.

ARTICLE 3 – DEFINITIONS :

The purpose of this clause is to define the various essential terms of the contract: User: this term refers to any person who uses the site or one of the services offered by the site.

Member: the User becomes a member when he is identified on the site.

User Content: Refers to the data transmitted by the User in the various sections of the Site.

Username and password: All the information necessary for the identification of a User on the site. The User ID and password allow the User to access services reserved for Members of the site.

ARTICLE 4 – INTELLECTUAL PROPERTY:

As provided for in Article L.122-5 of the Intellectual Property Code, no reproduction, even partial, may be made of this site, the logo, trademarks, signs, databases and any other content without the express permission of the website manager.

Any content put on line by the User is of its only responsibility. The User undertakes not to put online any content that could harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the User.

When posting User Content, the User must be the author of the content inserted or hold the rights of publication or reproduction according to the legal rules applicable in this matter. The content must be an original work and must not constitute a republication of content for which the rights have already been transferred to a third party. User must have obtained permission to publish or reproduce (where required) content from other sources or authors (if applicable), User waives all intellectual property rights in connection with the publication on the Difference.click Site, User Content and any links must not infringe any copyright or other intellectual property rights of any third party. If other persons claim rights to the User Content, the User shall indemnify the legal representative of the Difference.click entity and hold the Difference.click entity harmless from any claims for compensation and redress on any grounds whatsoever by the rights holder.

ARTICLE 5 – PERSONAL DATA :

The information requested when registering on the site is necessary and mandatory for the creation of the User’s account.

The site ensures the User a collection and processing of personal information in compliance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedom. The site is declared to the CNIL under the number ” 1985456 v 0 “.

Personal information may be communicated to the authorities in case of threat or violence towards the site, the Users, or third parties.

In accordance with articles 39 and 40 of the law dated January 6, 1978, the User has the right to access, rectify, delete and oppose his personal data. The User exercises this right via the following e-mail address: .

The User is responsible for keeping his password secret. Any disclosure of the password, whatever its form, is prohibited.

Multiple accounts are strictly prohibited on Difference.click. Creating multiple accounts on the site is considered serious fraud that may affect the quality of the data provided by Difference.click. The site has implemented several solutions to detect Users with multiple accounts. Upon discovery of multiple accounts, the site reserves the right to delete all associated accounts and related User Content immediately. The site reserves the right to ban the User and all of his devices (computers, tablets, smartphones or any other digital media) for life.

User’s content may be removed or modified by the site at any time and for any reason. User may not receive any justification and notification prior to the deletion or modification of User Content.

ARTICLE 6 – HYPERTEXT LINKS

Numerous outgoing hypertext links are present on the site, however the web pages where these links lead do not engage the responsibility of Difference.click which does not necessarily have control over these links.

The User therefore refrains from holding the site responsible for the content and resources related to these outgoing hypertext links.

It is possible to create a link to the Difference.click Web site without express authorization from the site. However, Difference.click reserves the right to request the removal of any link that it deems to be inconsistent with the purpose of the Difference.click site.

ARTICLE 7 – RESPONSIBILITY OF THE SITE :

The information and/or documents appearing on this site and/or accessible through this site come from sources considered by Différence.click to be reliable.

However, this information and/or documents may contain technical inaccuracies and typographical errors. The site reserves the right not to guarantee the reliability of the sources.

Difference.click cannot be held responsible for the misclassification of an article, or anything else classified on this site. Likewise, the site cannot be held responsible for the consequences of such misclassification.

We strive to provide you with the most up-to-date and accurate information possible. However, it is recommended to check the accuracy and relevance of the information and/or documents made available on this site. The information and/or documents available on this site may be modified at any time and may have been updated. In particular, they may have been updated between the time they are downloaded and the time the User becomes aware of them. The use of the information and/or documents available on this site is the sole responsibility of the User, who assumes all consequences that may arise, without Différence.click being able to be sued for this, and without recourse against the latter. Difference.click shall not be liable for any damages of any kind resulting from the interpretation or use of the information and/or documents available on this site.

Difference.click undertakes to correct any anomaly or false information on the site, as soon as such errors are brought to its attention.

The User assumes all risks related to the use of his/her User ID and password. The site declines all responsibility.

Any use of the service by the User resulting directly or indirectly in damage shall be subject to compensation to the site.

An optimal guarantee of the security and confidentiality of the transmitted data is not guaranteed by the site. However, the site undertakes to implement all necessary means to best ensure the security and confidentiality of data.

The site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.

In no event shall Difference.click be liable for any damages whatsoever, including but not limited to, business interruption, loss of data or other financial loss (even if access and/or services are suspended) resulting from the use of or inability to use the services.

The services provided through the Difference.click Web site comply with the regulations in force in France. Différence.click cannot be held responsible for non-compliance with the legislation of the country in which the services are provided, which is the sole responsibility of the user.

ARTICLE 8 – USER PUBLICATIONS:

The site allows Members to publish rankings, lists, articles, topics, comments, in the form of texts, videos, images, sounds, and others.

In his publications, the Member agrees to respect the rules of Netiquette and the rules of law in force. The site moderates the publications after the fact and reserves the right to refuse to put them online, without having to justify this to the Member.

As stated in article 4, when User Content is put online, the User must be the author of the content inserted or hold the publication or reproduction rights in accordance with the legal rules applicable in this matter. The content must be an original work and must not constitute a republication of content for which the rights have already been transferred to a third party. The user is forbidden to publish content inciting hatred, racism, terrorism, xenophobia, homophobia, pedophilia, defamation, insult or violence, threatening, of a pornographic nature, containing nudity or gratuitous violence.

By publishing User Content on the site, the user waives any claim for financial compensation relating to the distribution, reproduction and/or publication of this content. User agrees and authorizes that the content he or she has posted on the site may appear in various rankings, lists, articles, and the like, of any kind, on the Difference.click site.

The user agrees and authorizes that his/her name may be linked in an inalienable way to the content he/she has inserted, and that, as such, whenever this content appears, his/her name may be mentioned either next to this content, or in a linked page or by any other means that allows it to be linked to his/her name when possible.

The user is fully aware that, given the characteristics of the Internet, there is a free capture of the information disseminated and a difficulty, or even an impossibility, of controlling the use that could be made of it by third parties. By posting content on the site, Users agree and authorize that their content may be ranked, listed, or otherwise featured among other Contributions, that Users of the Difference.click site may vote on that content in any number of ways, based on the criteria and features offered by the Site, that Users of the Difference. click Users may express opinions, views, criticisms, and other reactions to this content, that this content may be referenced and, if applicable, that it may be found through Internet searches, that this content may be published or reproduced on other Internet spaces where the Difference.click entity is identifiable (Website, Facebook, Twitter, YouTube, etc.).

The Member retains full ownership of its intellectual property rights. However, by publishing a publication on the site, he or she grants Différence.click the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his or her publication, directly or through an authorized third party, throughout the world, on any medium (digital or physical), for the duration of the intellectual property. In particular, the Member grants the right to use his or her publication on the Internet, on social networks and on cell phone networks.

ARTICLE 9 – MODIFICATION OF THE TERMS OF USE :

Difference.click reserves the right to modify, at any time and without prior notice, the present terms of use in order to adapt them to the evolution of the site and/or its operation.

ARTICLE 10 – RULES OF INTERNET USE :

The User declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that :

Difference.click assumes no responsibility for the services accessible via the Internet and has no control whatsoever over the nature and characteristics of the data that may transit through its server center.

The User acknowledges that the data circulating on the Internet is not protected, in particular against possible misappropriation. The communication of any information deemed by the User to be of a sensitive or confidential nature is done at his/her own risk.

The User acknowledges that the data circulating on the Internet may be regulated in terms of use or be protected by property rights.

The User is solely responsible for the use of the data he or she consults, queries and transfers on the Internet.

The User acknowledges that Difference.click has no control over the content of the services accessible on the Internet.

ARTICLE 11 – APPLICABLE LAW:

The User is informed that he/she may in any case, before any legal action, resort to Mediation or any other alternative dispute resolution method in case of dispute/litigation. Both this site and the terms and conditions of its use are governed by French law, regardless of the place of use. In the event of a dispute, and after all attempts to find an amicable solution have failed, the French courts will have sole jurisdiction to hear the dispute.

For any question relating to the present conditions of use of the site, you can write to us at the following address

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