Terms of Use
These general terms and conditions of use ("Terms") are intended to define the terms and conditions for making available the services offered by OpenStudio ("the Services").
OpenStudio offers a business/organization management service, and allows users to create and participate in such brands ("Brand(s)", "Organization account(s)").
These Terms are intended to apply to the person creating and administrating a brand ("Administrator(s)"), as well as to persons likely to participate in it ("Member(s)"), or to visit it ("Guest(s)"). All these individuals can be named "User(s)".
Legal Notice
OpenStudio.com is a service published by the company OpenStudio.
Datacenter : One.com - Company number 559205-2400 - Hyllie Stationstorg 2 - 215 32 Malmö - Sweden
Liabilities
Compagny liability
Information – The information on the Services provided by OpenStudio is for information purposes only and has no contractual value. The company does not guarantee the accuracy of this information, and may make changes or updates at any time without prior notice.
Service access – OpenStudio shall take the necessary measures to avoid any unexpected slowdown or interruption of services without however being able to guarantee the absence of interruption, or even the duration of such interruption. OpenStudio cannot be held liable for network or server problems, or for any failure or breakdown. No refund can be considered for a service interruption, damage, or loss of content.
Service security – OpenStudio shall take the necessary measures to ensure the security of the contents, in particular with regular backup of all the contents. These backups are accessible to the Organization account Administrator, who can restore his Organization account to the state in which it was at an earlier date, within the time limit of conservation of these backups. Apart from the provisions relating to data portability (see below), no backup or dump of a Organization account or of all or part of the data it contains may be provided, including for brands that have imported their database on the OpenStudio service.
Contents – OpenStudio does not perform any prior moderation or systematic verification of the contents published through its services, and is therefore not aware of their content. The Administrator shall ensure that they comply with these Terms and Applicable Laws. Consequently, OpenStudio cannot be held responsible for these contents.
User liability
Account security – When creating a Organization account or registering on a brand, the User has to choose a username and password. The User is solely responsible for the confidentiality of his credentials, and remains so if unauthorized actions are carried out by a third party with its account. It is advised to end the session (logout) after using the services. In case of fraudulent use of its credentials, the User has the obligation to inform OpenStudio without delay indicating the violations that may have been committed.
Use of services – The contents published through the services, in a public way or not, and whatever their nature (in particular, but not exclusively: information, code, data, text, software, music, sound, photography, image, graphic, video, chat, messages, files) engage the responsibility of the User who published them. The User declares that he holds all the rights and authorizations needed for the distribution of this content, and agrees not to publish any content that violates these Conditions. Under no circumstances shall OpenStudio be liable for the consequences of such publication, or for any loss or damage resulting therefrom.
All information, codes, data, texts, software, music, sounds, photographs, images, graphics, videos, chats, messages, files, or other content published through the services engage only the responsibility of the User who published them , regardless of whether the publication took place publicly or not. Under no circumstances shall OpenStudio be liable for any errors, inaccuracies or omissions in any published content, or for any loss or damage arising out of or in connection with such content.
Damage caused – The User is liable for damage of any kind, material or immaterial, direct or indirect, caused to any third party, as well as to OpenStudio as a result of the unlawful use or exploitation of the services, regardless of the cause and location of such damage and guarantees OpenStudio against the consequences of any claims or actions which may arise therefrom. The User further waives any recourse against OpenStudio in the event of lawsuits brought by a third party against him as a result of the unlawful use and/or exploitation of the services.
Obligations
Obligations of the Administrator
The Organization account Administrator agrees to use the services in accordance with the purpose for which they were designed, and in accordance with these Terms. This use implies that the Administrator ensures compliance with the laws and regulations in force, public order, morality, and the rights of third parties (particularly intellectual property).
The Administrator has the same obligation concerning the content published by the Users of his brand. Moderation is performed a posteriori by the Administrator (and any persons he designated to satisfy it) in order to ensure compliance with these Terms.
The Administrator must in all circumstances refrain from using the services for the purpose or effect of contravening these Terms, in particular with regard to content designated as illegal by these Terms (see below).
Obligations of the User
The User undertakes to make use of the services in accordance with the purpose for which they were designed, and in accordance with these Terms. It is reminded that, in accordance with the preceding provisions, the User is solely responsible for the content he publishes.
The User undertakes not to participate in any action which has the purpose or effect of attempting to ensure the proper operation of the Services, in particular but not exclusively by (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into OpenStudio's systems, (iii) any misuse of the site's system resources, (iv) any actions likely to impose a disproportionate load on the site's infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to affect the financial, commercial or moral rights and interests of OpenStudio or its users.
By using the services offered by OpenStudio, the User accepts that the Organization account Administrator is solely in charge of its management, and admits in particular that he moderates the posted content, and manages the Members.
The User undertakes to respect the intellectual property rights of third parties and OpenStudio. All the elements visible on the site are protected by copyright legislation. The User may not under any circumstances use, distribute, copy, reproduce, modify, distort or transmit all or part of the site or its elements, such as texts, images, videos, without the prior written authorization of the company. The brands and logos appearing on the site, are the property of the company or are used with the authorization of the owner. No right or license may be granted on any of these elements without the written authorization of the company or third party, holder of the rights on the trademark or logo appearing on the site. The company reserves the right to prosecute any act of infringement of its intellectual property rights, including in the context of criminal proceedings.
Prohibited content and behaviour
By using the services offered by OpenStudio, the User agrees to use them in accordance with the purpose for which they were designed, and not to use the products and services to – in particular – encourage, promote or present in a favorable light:
- Hacking, spamming, and attacks against networks and/or servers, phishing, malware, intrusion into the network of OpenStudio and third parties,
- Content of a sexual, obscene, pornographic nature,
- Violent, defamatory, discriminatory content, incitement to racial hatred, crimes against humanity,
- The sharing, hosting, distribution or piracy of works and content protected by copyright and intellectual property, or any infringing practice,
- The sale, exchange or donation of products subject to special legislation, medicinal products subject to medical prescription or not, narcotic drugs and other illicit substances,
- Credit card fraud, or deceptive practices,
- Violations of the rights and interests of minors,
- Any behaviour contrary to the laws in force, affecting the rights of third parties, or prejudicial to them
OpenStudio is a free service that does everything possible to offer a quality service at the cutting edge of technology. Except as permitted by the credits management, it is strictly prohibited to remove, hide, or make unreadable by any means whatsoever the mandatory notices and copyrights appearing on the brands (including in the toolbar and footer of the brands), as well as sponsored content or advertisements. These items can only be removed through credits management.
OpenStudio reserves the right to delete Organization accounts, messages or users that make use of the services that are manifestly illegal or contrary to these Terms, without prior notice. As such, Organization accounts containing text, links, images, animations, videos, classified ads or content of any other nature considered contrary to these Terms may be deleted without prior notice.
Activities contrary to the laws and regulations in force may be reported to the competent authorities and may give rise to legal action.
Personal data and cookies
Use of personal data
The processing of the User personal data is based on his consent, except when the data are necessary for the performance of a contract, or to comply with a legal obligation. In cases where such processing is based on his consent, he may withdraw his consent at any time in order to stop it, in accordance with our Privacy policy. Withdrawal of consent shall not affect the lawfulness of the processing operation based on the consent given prior to such withdrawal.
All the information the services collect is useful to the operation of the service, including improving the User experience, improving page display and operation, and, where appropriate, providing customized advertising results. Some of this data may be used if the User has expressly consented, in particular for receiving newsletters from the brands on which he has registered.
The User has the right to access, modify, rectify and delete his personal data collected, as well as the right to lodge a complaint with a supervisory authority. The modalities of the exercise of these rights are detailed in our Privacy policy.
The use of the services offered by OpenStudio is subordinated to the reading and acceptance by the User of the Privacy policy .
Use of Cookies
A cookie is a text file containing a limited amount of information, which is downloaded to the user's device when he visits a website. It allows the brands to recognize the user during his next visits to offer him an optimal navigation experience.
OpenStudio's services may involve the use of cookies, for technical, advertising, audience measurement, or social network modules purposes.
The User may at any time refuse and/or delete cookies stored by the services on his browser as explained in our Privacy policy. The User is informed of the possible impact that this choice may have on the proper functioning of the services.
Agreement and modification
By using OpenStudio's services, the User acknowledges without reservation, limitation or qualification that he has read and agrees to these Terms, and he agrees to comply with them, without prejudice to the possible application of other conditions or rules to certain specific services.
These Terms may be amended or modified at any time, at OpenStudio's discretion. These changes are effective immediately for new Users. All pre-existing Users must comply with the changes made within 30 days of being notified by any means.
