TERMS AND CONDITIONS OF USE


Browsing on this Website (such as this term is defined below) is deemed to be an acceptation without any reserve of the following terms and conditions of use. The current online version of these terms of use, is the only one binding for the whole duration of the use of the Website and until a new version restates it.

1. Purpose

The purpose of these terms and conditions of use (the “ T&C ”) is to define the modalities of the website www.enlaps.io (the “ Website ”, such definition including also the .fr extensions), and the conditions of use of the Website by the user (the “ User ”).

2. Legal notice

1. Website Editor

This Website is edited by ENLAPS, a simplified joint stock company with a capital of 150,000 euros, having its registered offices located at 29 chemin du vieux Chêne – 38240 MEYLAN, France, registered within the Grenoble Trade and Companies Register under number 813 731 262 (the “ Editor ” or the “ Operator ”). The publication director is Mr. Antoine AUBERTON (the “ Publication Director ”).

Contact address: Le Tarmac, 29 chemin du vieux Chêne – 38240 MEYLAN, France
Contact email: contact@enlaps.fr
Phone number: 00.334.76.90.76.27

2. Website hosting provider

This Website is hosted by Amazon Web Services.

3. Value Added Tax

The Operator is subjected to the V.A.T. and bears the following identification number: FR36813731262.

3. Website access

Except otherwise specified by any specific terms and conditions that may apply to services to which the User may subscribe, the Website access and its use are reserved to a strictly personal use. Subject to the reserves aforementioned, the User undertakes not to use the Website and the information or data available on it, for commercial, political, advertising purposes or any other commercial solicitation, and especially the sending of unsolicited emails. However, it is specified that the User is free to use the videos created with the Website services for commercial, communication or advertising purposes.

4. Website content

Any trademarks, photographs, text, comments, illustrations, motion or non-motion images, video, sounds, as well as all computer applications which could be used to run the Website and more broadly any element reproduced or used on the Website are protected by applicable intellectual property laws.

They are fully owned by the Editor or its partners. Any reproduction, representation, use or adaptation, under any form whatsoever, of these elements in full or in part, including the computer applications, without the previous written consent of the Editor, is strictly forbidden. The fact that the Editor does not initiate proceedings as soon as he becomes aware of such non-authorized uses is not deemed to be an acceptance of said uses neither a waiver to later proceedings.

5. Website management

For the purpose of the good management of the Website, the Editor may at any time, (i) suspend, terminate, or restrict the access to whole or part of the Website, reserve the access to the Website or to some sections of the Website to a specific category of users; (ii) suppress any information that may affect the Website operation or be in breach with any national or international applicable laws or with the Netiquette rules; or (iii) suspend the operation of the Website in order to any maintenance tasks.

6. Liabilities

The Editor liability shall not be engaged in case of (i) failure, difficulty or interruption of the Website operation, or (ii) unavailability of the access to the Website or to one of its services.

The hardware use by the User for its connection to the Website is under his own full responsibility. The User must take all appropriate measures to protect his hardware and his own data, in particular against hacking. Furthermore, the User is the sole responsible for the websites and data that he consults.

The Editor shall not be deemed liable in case of legal proceedings against him, (i) for the use of the Website or any services accessible from the Internet or, (ii) for a failure to comply with the T&C hereby.

The Editor is not liable for any damaged caused to the User, to third parties and/or its hardware due to his connection to or his use of the Website. The User renounces to any relating legal proceedings against the Editor. If the Editor happens to be sued pursuant to amiable or judicial proceedings because of the use of the Website by the User, it will be entitled to claim back to the User any compensation for all damages, convictions and sums that may arise from such proceedings.

The Editor’s liability shall not be engaged in case of force majeure or for any actions independent of its willing.

7. Hyperlinks

The setup by the User of any hyperlink towards all or part of the Website is expressly authorized, except if otherwise specified. The Editor is free to forbid the use of hyperlinks towards all or part of the Website without having to justify its decision in any manner whatsoever. Any link shall be removed, as appropriate, on the simple request of the Editor.

Any information accessible through a link towards other websites is not under the control of the Editor, who has no responsibility regarding such content.

8. Personal data

1. Data collection

Personal data, such as name and surname, mail address, e-mail address, geolocation data, or IP address of the User, that may be collected on the Website (the “ Information ”) are mainly used by Editor for the management of the relationships with the User (newsletter, etc.), and, as appropriate, for the processing of his orders and the management and running of services he may have subscribed, and especially the web application dedicated to timelapse (the “ Web Application ”). They are collected (i) when User sends orders or other forms to the Website; (ii) when User uses the Web Application; (iii) when User sends data to Editor by e-mail; or (iv) when authorization is given by the User to the Editor to access to his account on other websites (such as social networks). The Information is saved in the customers file of the Editor. Such file is declared within the CNIL under number 1982507v0.

According with the provisions of Law n° 78-17 as of January 6, 1978 on computing, data files and freedoms, as modified by Law n° 2004-81 as of August 6, 2004, the User has the right:

This right of access, interrogation, modification and deletion of the Information regarding him, may be exercised at any time upon request to the Editor, by mail or e-mail sent to the contact details specified in Article 2.1.

For safety reasons and in order to avoid any fraudulent request, such request shall mention the name, surname and e-mail address and should be accompanied by a copy of the User’s ID. After processing the application, the ID justification will be destroyed.

The collected Personal Data may be transferred to third parties linked with the Editor by an agreement for the purpose of the performance of any subcontracted tasks necessary to the management of the User’s account and without the User has to give his specific consent. In case of a breach to any legal or regulatory provisions, such Information may be transmitted upon express and justified request of the judicial authorities.

When Information are mandatory to access to some specific services of the Website, the Editor will mention such mandatory Information when the User fills his application.

The User expressly recognizes that he is likely, when subscribing to one of the services of the Website, to receive commercial offers from the Editor, unless he expressed otherwise when subscribing. The User expressly recognizes that his Information may be used for canvassing purposes, unless he expressed otherwise when he subscribed. The User expressly recognizes the his Information may be transmitted, for free or against compensation, to third parties for commercial purposes, unless he expressed otherwise when he subscribed.

The Editor commits itself to respect the applicable laws when transferring personal data of the User outside of the European Union, by setting-up Model Contractual Clauses as adopted by the European Commission and ensuring the respect, by its eventual international partners, of the European Union’s protection standards.

If, when consulting the website, the User has access to personal data, he commits himself not to collect it, not to use it without authorization, and not to perform any act that may constitute an attempt to the private life or reputation of any person.

The Editor collects and processes the Information of the User with the strictest confidentiality, and according with provisions of law n°78-17 as of January 6, 1978, amended by law n°2004-81 as of August 6, 2004. The Editor commits itself to take any reasonable measures necessary to the security and protection of the Users’ Information on its Website and its Web Application, collected and processed by it.

2. Cookies

The Website may collect automatically the standard information in order to (i) recognize the new or existing Users; (ii) safeguard the password of the User if he registered on the Website; (iii) improve the Website; (iv) send to User ads based on the area of interests or targeted, to the extent permitted by law; (v) observe the navigation behavior and activities of the Users over time on multiple websites or platforms to the extent permitted by law; and (vi) better understand the interest of our Users.

9. Web Application – Content sharing

The subscription to the Web Application services will bring the User to publish on the Website some data under the form of texts, videos, sounds or pictures (the “ Content ”). The Content published by the User on the Website belongs to him. However, if the User decides to publish the Content on the Website with the “public mode”, such Content may be freely shared by other web users without any control of the User. The User recognizes that regarding the Content, the Website has solely a hosting activity and only exercises a moderating activity, according to applicable laws. Under no circumstances shall the Website intervene on the editorial policy of the Content. Consequently, the Operator shall bear no liability for the texts, pictures, videos, sounds or others constituting the Content, regarding both their substance and the respect of intellectual property rights by the User. In this regard, the User commits himself to publish on the Website, only content for which he owns the intellectual property rights or content free of any intellectual property rights. The User also commits himself to publish only Content for which he has ensure the respect of the rules relating to private life and of other applicable laws. The User engages his sole liability in case of non-respect of these provisions, excluding the Website’s and Operator’s liability.

Furthermore, regarding the Content protected by intellectual property rights, the User grants to the Operator a non-exclusive, assignable, sub-licensable, free and worldwide license for the use of the Content. Such intellectual property license shall terminate when the User deletes his Content or his account, except if such Content is shared with other persons who have not deleted it.

Finally, when the User deletes Content protected by intellectual property rights, he recognizes and agrees that this deleted Content may still exist on back-up copies for a certain period of time (without being available).

The Operator, for the purpose of its moderating activity, keeps the right to remove any Content that may violate any provision hereby or any applicable legal rule. It also keeps the right, in such a case, to suspend the User account and to initiate any appropriate legal proceedings.

10. Pictures and products’ representation

Photographs of products accompanying their description are not contractual and does not bind the Editor.

11. Applicable law

These T&C are governed by French law and submitted to the jurisdiction of courts within the jurisdiction of the Paris Commercial Court, unless specific competence provided by laws or regulations.

12. Contact

For any question or information on the products presented on the Website or regarding the Website itself, User may contact the Website or the Operator by using the contact details provided in Article 2.1 above.