DIGGERS FACTORY SAS is a simplified French corporation (société par actions simplifiée) with share capital of € 10.000, whose registered office is located at the 10 boulevard Arago, 75013 Paris, registered with the Paris Trade and Companies Registry under number 813 648714 00018, (hereinafter referred to as the “Company”). The name of the Company is also used as a trade name, as the name of the electronic Internet platform (hereinafter referred to as “DIGGERS FACTORY” or the “Site”) whose purpose is as follows:
DIGGERS FACTORY acts as an intermediary between web users who wish to participate in financing Projects (hereinafter referred to as the “DIGGERS”) and Members who are seeking a financial Contribution to fund the Project.
Through the use of the Site, the Members are encouraged to diffuse on the Site several contents and particularly videos, pictures, graphic works, music, texts, ideas and concepts, software, etc. including trades or patents and other elements of intellectual property. The Members are warned that the use of the Site doesn’t protect those contents and that is up to them to protect those contents against unauthorized use.
The Members can contribute financially through donations with counterparts only if they are at least 18 years of age on the date of their registration on the Site.
Article 1. Definitions and scope
The definitions below have the same meaning whether they are used in the singular or plural.
"Bank Card": a current debit or credit card valid in France.
"Collection period": the period for each Project during which new Members can make Contributions via the Site and thus enable a Project Creator to achieve the Financing Objective necessary to carry out the Project.
"Commission": payment due to the Company and deducted from the Contributions collected by the Project Creator in exchange for the intermediation service provided.
"Company": DIGGERS FACTORY SAS is a simplified French corporation (société par actions simplifiée) with share capital of € 10.000, whose registered office is located at the 10 boulevard Arago, 75013 Paris, registered with the Paris Trade and Companies Registry under number 813 648714 00018.
“Counterparty”: any counterpart or counterparties proposed by the Project Creator to the Contributors, in exchange for their Contribution to the Project through donations with counterparties. The Counterparties linked to a Project will be defined case-by-case on the Site within the limits of the Services offered by the Company.
"Contribution": any cash sum collected by the Project Creator via the Site in view of financing one or more Projects proposed on the Site.
“Contributor”: Member who brought at least a Contribution to a Project proposed on the Site.
"DIGGERS FACTORY" or the " Site": the community Site exclusively owned by the Company, accessible on the Internet at the address http://www.diggersfactory.com, whose purpose is to enable Project Creators to promote their Projects and Members to contribute financially to these Projects through Contributions via the Site.
"Financing Objective": the total amount of Contributions sought by a Project Creator to carry out a Project, which can be collected from Members via the Site. The Project Creator chooses to express this objective either as a number of Contributions.
"Intellectual Property Rights": all intellectual property rights as stipulated in the French Intellectual Property Code and national agreements, including copyright, similar rights of performing artists and phonographic and videographic producers, brand rights, patents, commercial names (including Internet domain names and email address names), copyrights, moral rights, rights for all models, database rights and expertise whether registered or not or which could be registered or not, in all parts of the world.
"Member": any individual or legal entity registered on the Site and disposing of a Personal Account. The Member can become Contributor or Project Creator.
“Partners”: partner companies selected by DIGGERS FACTORY.
"Personal Account": a User's personal space on the Site. This can only be accessed with the Identifiers, and enables access to the services provided by the Company. It also enables Users to view and modify their own personal details.
"Project": designate projects of production of vinyls and re-edition of vinyls.
"Project Creator": any individual or legal entity registered on the Site for the purpose of presenting and promoting one or more Projects to be achieved using the Contributions collected from Members via the Site.
"Service(s)": all the Services proposed on the Site, whether or not in exchange for money.
"User": all Members registered on the Site provided that they have agreed to the Term of Use.
"Visitor": any person who visits the Site to view the content and information published on the Site without being registered or prior to registering on the Site as a User.
1.2 Scope of application
Article 2. Access and subscription conditions on the DIGGERS FACTORY Site
2.1 Consent and capacity
Users subscribe by completing an online form. Once the form has been filled in and submitted, the Site sends out an email confirming the User's request. When registering, Users and Project Creators undertake to provide accurate information, and must fill in all mandatory fields in the registration form.
Users who are individuals must have the legal capacity to conclude a contract.
Representatives of Users that are legal entities certify that they hold all the necessary rights to conclude this agreement in the name of the legal entity they represent.
Users then submit their registration by clicking on the appropriate button
The Company must accept the User's registration. The Company reserves the right to refuse the registration of any User who does not fulfill the conditions of a good character, or does not comply with the ethical values the Company endeavors to uphold, although the latter is not obliged to give a reason for any refusal.
The Company is the sole decision-maker regarding the registrations it accepts: there can be no appeal or compensation of any kind.
Users agree not to create any other Accounts than the one initially created, whether in their own names or that of a third party. Any exception to this Rule must be explicitly requested by the User and expressly and specifically authorised by the Company. If Users create further accounts using their own identity or that of a third party without having requested and obtained authorisation from the Company, the Users' account and all the associated services may be immediately suspended.
Users guarantee that the information they communicate on the Site is accurate, honest and not misleading. They undertake to inform the Company promptly if any information communicated at the time of their registration changes and, if need be, to make these modifications in their Personal Account themselves.
2.2 User name and password
When they create an account, Users choose or are allocated a user name and password (hereinafter "Identifiers"). These identifiers are personal and confidential, and may only be changed at the Users' request or on the Company's initiative.
Users are entirely and solely responsible for the use of their Identifiers. They agree to make every effort to keep their Identifiers confidential and not to disclose them to any other party, in any form or for any reason.
Users are responsible for the use of their Identifiers by third parties and for actions or declarations made via their personal accounts, whether or not fraudulent, and shall hold the Company harmless against any action in this respect.
Furthermore, as the Company does not have the obligation or technical means to verify the identity of persons registering on the Site, it is not responsible if a User's identity is stolen. If Users suspect that a person is fraudulently using their identifiers or their accounts, they must promptly inform the Company.
If their Identifiers are lost or stolen, Users are responsible for any harmful consequence of this loss or theft, and must modify their Identifiers using the appropriate procedure as soon as possible.
If Users become aware that another person has access to their Personal Account, they must immediately inform the Site manager by emailing email@example.com, and confirm this information by registered letter to the following address: DIGGERS FACTORY SAS, 10 boulevard Arago, 75013 Paris.
Article 3. Conditions Applicable to Project Creators
3.1 Nature of the Services proposed to Project Creators
The Site enables Users who so wish to present their Project(s) in order to distribute, promote and finance a Project on the Site.
The conditions applicable to Members only concern Projects supervised by Project Creators who create and supervise a community of Users supporting their Project on the Site. The Company only takes action as a technical intermediary by providing Project Creators with an online platform enabling them to finance, distribute and promote a Project on one or more webpages dedicated to that Project.
3.2 Presentation of Projects
Project Creators wishing to promote their Projects and obtain financing submit to the Company, for publication on the Site, a detailed description of the nature, objectives, main characteristics and roll-out of the Projects they intend to develop with support from Members.
In order to be accepted by the Company for any promotion on the Site, Project Creators will supply in a clear and accurate manner for each Project proposed: a description of the Project, the minimum amount of Contributions required for the Project to be considered as financed, the Collection Period, the use of DIGGERS FACTORY Partners and the Counterparties he proposes.
The Project’s characteristics and parameters are submitted for prior approval by the Company, which has no obligation to give a reason for any refusal and provides Members no guarantee as to the success of the Project or the authenticity of the information presented by the Project Creator. The selection of contents is essentially designed to verify the consistency and quality of the Project and is not intended to verify the viability, feasibility or authenticity of the Project proposed.
For example, the Company will systematically refuse Projects that are fanciful, lack serious-mindedness, have no connection with any concrete reality or are doomed to failure.
Once published on the Site, Projects can no longer be modified. However, corrections may be added solely to boost the achievement of the Project's objectives.
In addition, Project Creators are entirely responsible for the presentation of Projects published on the Site and must ensure that this presentation does not mislead Users.
Project Creators acknowledges that the provision of misleading, incomplete or erroneous information could engage their liability with regard to the Company and Users, and assumes entire responsibility for the consequences of any omission or negligence in this respect.
In the event of the death or incapacity of Project Creators or the occurrence of any accident or other event making them unable to carry out the Project, the Company is authorized to suspend any collection under way. More generally, the Company may at its discretion cancel any collection under way and remove a Project if the Project Creator is seen to be infringing these conditions. In this event, all the Contributions registered will be immediately cancelled, the Members concerned reimbursed, and the Project Creator in question may not claim the sums collected.
Members acknowledge that they are firmly committed to using every means to bring their Projects to fruition if they succeed in collecting the necessary Contributions.
They are asked to regularly update their Projects and to share information concerning the current progress and implementation of their Projects with the other Users.
They agree to inform Members of major advances in their Projects, even after the Collection Period has expired.
3.3 Legality of projects and online contents
It is the responsibility of Project Creators to ensure that they hold all the rights required for publishing the Project on the Site, and that they are in compliance with all the laws and regulations applicable to the design and production of the Project concerned.
3.4 Promotion on or outside the Site
Through this agreement, Project Creators accept that the content and information provided can be freely exploited by the Company for the purpose of promoting the Project.
Project Creators thus exclusively grant the Company the rights indicated below, at no cost, for the entire world and for the entire period of this agreement, to enable the Company to provide the Service in the form of dissemination on the Internet, on mobile telephone networks and/or any other current communication network open to the public.
Project Creators grant the Company the right to:
In addition, Project Creators expressly authorize the Company to carry out promotion and/or publicity for the Project, and to use the content to distribute advertising, commercial and/or promotional messages relating to the products or services of third parties.
Project Creators also expressly accept that the content and information supplied are used on the Site with the presence of brands or logos of the Company's Partners.
Project Creators commit themselves to not propose their Projects or related projects to any other platform during the duration of the Collecting Period.
3.6 Completion of Projects/Obligations of Project Creators
Project Creators agree to meet all their obligations to Contributors, particularly to accomplish the Project as initially defined and provide them with the Counterparties described in the Project, when applicable.
Project Creators are asked to ensure that they are capable of providing the Counterparties they have offered to Members at the end of the open collection for financing their Project, in particular through recourse to DIGGERS COMPAGNY Partners.
Should Project Creators be unable to provide Members with the promised Counterparties, they expressly undertake to reimburse them in full and accept that the Company will in no way assist them in this action.
Project Creators expressly acknowledge that they are solely responsible for accounting, fiscal and social procedures relating to the Project, including sums received via the Company.
The Company is not responsible for the actions of Project Creators, who remain solely responsible as regards the terms they agree with Contributors while collecting Contributions via the Site.
Members are solely responsible for collecting Contributions they organize via the Site and distributing any Counterparties they have offered in connection with Projects presented on the Site.
Consequently, any risk involved in the development and running of the Project, together with any postponements or cancellations, is entirely assumed by the Project Creators.
Project Creators may organize reimbursements at their sole discretion. The Company is not responsible for reimbursements of collected Contributions which have or have not taken place.
Project Creators agree not to propose Projects or related Projects on any other website or platform.
Article 4. Conditions applicable to Contribution collection and monitoring services
4.1 Collection of Contributions
Contributors are entirely free to choose the amount and allocation of their Contributions. If applicable, they can choose the level of Counterparties proposed by the Project Creator, however the amount of the Contribution paid must be equal to or higher than the value of the Counterparties chosen.
It is emphasized that the Company is only an intermediary between Project Creators, Members and Contributors as regards the promotion of a Project.
Consequently, Members may not seek the Company's liability if Project Creators fail to meet their obligations.
4.2 Rules governing Contributions from Contributors
The Company does not receive commissions from Contributors on the Contributions collected, which are the responsibility of the Project Creators.
Contributions are made using one of the payment methods proposed for the Project concerned, for example a Bank Card and/or PayPal, and/or payment by cheque, and/or any other payment method already proposed on the Site or subsequently integrated into the service. In supporting a Project, the Members accept the general conditions of use of the company which issues the payment system.
The Site allows the payment of Contributions via Paypal. In supporting a Project via the PayPal payment system, Members accept PayPal’s general conditions of use.
Paypal deducts its own commission on the payments processed, which at the time this document was drafted depends on the buyer’s country. You can find here the different prices :
This commission is applied and directly received by PayPal.
In addition, the Company applies its own commission as payment for its intermediary service, as stipulated in article 4.3.
Contributions paid through PayPal will only be processed by DIGGERS FACTORY if the Financing Objective has been achieved, once the Collection Period has ended. The corresponding sums will then be paid to the Project Creator’s PayPal account. At this point, the Company can no longer cancel the corresponding Contributions or reimburse Members who have made them.
4.4 Commission as payment for the intermediation service and payment of sums collected
Access to the Site is free.
With Project Creators receiving Contributions, the fees for the services provided by the Company are calculated as a percentage of the amount of Contributions collected by the Site. The percentage applicable is fifteen percent (15%) excluding VAT, to which shall be added the transaction fees.
VAT is applicable at the current rate on the day when the collected funds are transferred, and depends on the location of the Project Creator. The services provided by DIGGERS FACTORY SAS are considered under Community legislation as electronic services, and the VAT rate applicable when the Project Creator is a private individual thus depends on the latter's location.
As from 1 January 2015, services delivered electronically are taxable in the place of consumption when these services are provided by parties liable for tax, whether they are established in European Union (EU) territory or not, to people who are not liable for tax ("consumers") having their domicile or usual residence in EU territory. Electronic service provisions are thus taxed at the current VAT rate in the member state where the consumer is domiciled (for example, 20% for a private individual Project Creator based in France, which entails a commission rate of 12% including VAT for funds lower than €100,000 collected by bank card).
If the Project Creator choose to use Paypal payment services, PayPal deducts its own commission on the payments processed, which at the time this document was drafted depends on the buyer’s country. You can find here the different prices :
This commission is applied and received directly by PayPal.
All the expenses of the Services are automatically deducted from the collected Contributions using the Site at the time of transfer to the Project Creator’s bank/Paypal account. The transfer is carried out within the following twelve (12) Working Days after the end of the Collection Pertiod and only if the Financing Objective has been reached. The corresponding invoice will be available to Project Creators in their Personal Accounts once the project has ended.
4.5 Taxes applicable to the funds collected and issuing of tax receipts
It is the responsibility of each User to pay any applicable tax or associated duties, whether on the Contributions collected via the Site as Project Creators, or on Contributions made by Members to support the Project.
The Company may under no circumstances replace them to this end, or even advise them on the nature and details of their obligations.
Members are responsible for drawing up and directly sending to Members any tax receipts attesting to a contribution to the Contributions via the Site.
It is the responsibility of all Members to check their eligibility to benefit from tax deductions on all or part of Contributions made via the Site, in accordance with current French laws.
Any dispute regarding the production of such tax receipts and the information they contain should be sent directly to the Project Creators by Members.
Article 5. Conditions applicable to the services for disseminating messages: Forum and comments spaces
5.1. Responsibility regarding messages and content put online by Users and Project Creators.
Users and Project Creators must not post any content that could mislead other Users of the Site, or which constitutes a false declaration. They assume sole responsibility as regards the other Users for any loss suffered by these Users due to the inaccurate or misleading nature of this content.
Users and Project Creators must ensure that they hold the rights required to publish the contents they disseminate, including intellectual property rights.
The Company declines all responsibility for any violation of the rights of third parties.
Users and Project Creators are solely responsible for the content they put online on Forums and spaces for comments and must ensure that the information published does not infringe any current legal or regulatory provisions. In particular, Users and Project Creators must not host any content that is manifestly or potentially illegal, whatever the support (sounds, texts, images, videos, etc.).
The Company does not exercise any upstream moderation with messages and content put online by Users or Project Creators, or to which the Site may have a link. It acts as a host as defined by article 6I2° of the LCEN (French Law on confidence in the digital economy), and in this respect only exercises a storage activity.
5.2. Information provided to the Company by Users of the Site.
All Users must inform the Company of any illicit or manifestly illicit content by email to the following address: firstname.lastname@example.org
5.3. Right to remove content and/or the Personal Accounts of Users or Project Creators
The Company reserves the right, without any prior notification or indemnification, to immediately remove any illicit or manifestly illicit content of which it becomes aware, together with the Personal Accounts of any Users or Project Creators publishing illicit content.
In addition, in application of article 6I2° of the LCEN (French Law on confidence in the digital economy), the Company reserves the right to communicate to the legal authorities any information enabling the identification of any User having posted manifestly illicit content of which it becomes aware.
Article 6. Period of relations with the Company
These Terms of of Use apply throughout the period of use of the Site and until the closure of the Account for any reason.
Article 7. Data protection
7.1 Collection of information
Users are aware and acknowledge that they must provide information concerning themselves when they register on the Site and subscribe to the Services proposed by the Company.
Some information is even obligatory, particularly information enabling the identification of Users.
Personal information collected by the Company includes full name and email address and can also include, particularly for Project Creators, the postal address, nature of the person or entity registered (private individual, association or company), company identification number, landline and/or mobile telephone number, banking information, one or more photographs, one or more vocal announcements, videos, interests and use of the Site.
In addition, some non-personal information may be collected, such as the version of the User’s browser (Chrome, Firefox, Internet Explorer, etc.), the type of operating system used (Windows, Mac OS, etc.) and the IP address of the computer used.
When registering, or at any time subsequently, all Users can ask to receive offers by email concerning the services provided by the Company and its Partners.
Subsequently, all Users can ask, at no cost, to receive or not to receive the Company's newsletter and/or promotional offers sent to them via email by the Company and/or its partners, by managing the options in their Personal Accounts.
7.2 Declaration of automated processing of personal information with the CNIL
The Company, which processes personal information, has declared the Site to the CNIL (French data protection authority). The website is registered under no. 1812882 v 0.
7.3 Use of data
The purpose of the information on Users collected when they register and subscribe to the Services is to enable the identification of Users of the Site and their use of the various Services offered on the Site.
Every precaution has been taken with the databases to archive information about Users in a secure environment. Only certain employees of the Company or any other Company authorised by it or belonging to the same group have access to this information, and only if strictly necessary. The personal information provided by Users when they register does not constitute an announcement accessible to third parties, and is not transmitted, sold or exchanged except in the cases indicated below, provided that Users have first been informed and have given their consent, or in the absence of opposition on their part.
However, as an exception to the above, Users who make Contributions to financially support a Project accept that the Company will communicate the necessary personal data of such Users to the Project Creator, so that they can receive the Counterparties stipulated in the Project.
The Company may send Users promotional offers from the Company, provided that Users have given their free prior consent when they register, and have not subsequently opposed such promotional offers.
7.4 Right to correct and oppose information
In application of the French Data Protection Act of 6 January 1978, amended by Act 2004-801 of 6 August 2004, Users have the right to access, modify and delete data concerning them, which they can exercise by emailing: email@example.com
For the Company to be able to meet such requests, it is the Users' responsibility to send it the information necessary for their identification (title, full name, address, post code, town and country).
Users acknowledge and accept the possibility of cookies being installed on their computers in order to register any information relating to their computers' browsing of the Site.
Cookies are data that contain no personal information and which are sent via the server to the computer hard drive.
The role of cookies is to identify Users more rapidly when they log on, and to facilitate their contribution to certain events, promotions, activities, etc. proposed on the Site.
Users are informed that they can block cookies by configuring their browser to do so. However, the use of the Site may then be disrupted.
Users acknowledge that in a general manner and given the state of current technology, every time they provide personal information online, this information can be collected and used by third parties.
Consequently, Users release the Company from all responsibility for the damaging consequences of the use by third parties of information exchanged via the communication tools proposed by the Site.
Article 8. Responsibilities
8.1 Operation of the network
In order to use the Services, Users must possess the equipment, software and settings required for the proper functioning of the Site. Users must possess the skills, hardware and software required for the use of the Internet. Users declare they are aware of the characteristics and constraints of the Internet.
Users acknowledge that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions while they are circulating on the Internet. Users thus communicate them at their own risk and peril.
The Company may not be held liable for incidents which may result from this transmission. In any event, Users expressly recognize and agree to use the Site at their own risk and under their sole responsibility.
Given the specific features of the Internet, the Company offers no guarantee of continuous service, and is only bound in this respect by a best endeavors obligation.
The Company's responsibility may not be incurred in the event of damages linked to the temporary impossibility of accessing any service proposed by the Site.
No delay, suspension or cancellation in the dissemination of the Project, including due to the technical failings inherent to the functioning of the Internet and external to the Company and independent of its wishes, can be a reason for refusing any kind of payment on the part of the User, nor give the right to any kind of indemnification in any form.
The Company may not be held responsible for any non-operation, inability to access or bad conditions regarding the use of the Site attributable to causes such as unsuitable equipment, an internal malfunction with the Users' Internet provider, Users' incorrect use of the Site or Services, or the congestion of the Internet.
The Company declines all liability for any damage or loss relating to the use of or impossibility of using the Site or its contents, apart from exceptions stipulated by law.
8.2 Modification of the Site
It is stipulated that the content of the Site is not permanent.
All information contained on the Site may thus be modified at any time, given the interactivity of the Site, without this incurring the Company's liability.
8.3 Availability of the Site
The Company has a best endeavors obligation as regards supplying the Services. It thus declines all responsibility for any unavailability, suspension or interruption of the Site or Services arising during maintenance operations, the upgrading of hardware or software, emergency repairs of the Site or following circumstances beyond its control (including but not limited to technical failures or a breakdown in telecommunication links and equipment).
The Company will endeavor to take suitable measures to limit these disturbances insofar as they are attributable to the Company.
Pursuant to article 1992 of the French Civil Code, the Company's responsibility may not be incurred in the event of fraud or errors committed in its management.
8.4 Use of the Site
The information provided by Users must be true, accurate and not misleading. The consequences of its disclosure on their lives and/or that of other Users are the sole responsibility of the Users concerned.
It is stipulated that Users make the decision to disclose and disseminate information, data, texts, content, photos and videos concerning them on the Site. Users shall thus assume entire responsibility in this respect and may not take any action against the Company, notably as regards the infringement of their image rights, or damage to their honor, reputation or right to privacy resulting from the dissemination or disclosure of information concerning them.
The Company does not guarantee that the information presented is detailed, complete, verified or accurate. Documents, information, descriptions and in general any content present on the Site are supplied "as is", without any express or tacit guarantee of any kind.
The Company may not be held responsible for the inaccuracy of information and content provided by other Users, visitors to the Site and/or Users themselves.
In addition, the Company may not be held responsible for any content disseminated by a User infringing the rights of any other Users or third parties.
8.5 Contact created between Members and Contributors
Because its role is limited to intermediation, Members and Contributors acknowledge and expressly accept that the Company may not under any circumstances or in any way be held liable for Projects , including their presentation, roll-out, delays, cancellations and the delivery or non-delivery of Counterparties.
The Company is not responsible for actions or omissions of Project Creators, who remain solely responsible for all the terms and conditions for executing the Project with regard to Contributors.
Consequently, Contributors should only address their questions or claims to Project Creators.
Project Creators hold the Company harmless and undertake to indemnify it as regards any damage suffered by the latter, and to protect it against any liability action instigated against it by any Users and more generally any third parties, concerning the infringement of any rights resulting from the publication and realization of the Project on the Site.
Likewise, the Company is bound by no obligation to provide advice in respect of this. The Company may thus under no circumstances be held responsible for the consequences of Contributors' Contributions. Notably, the Company only intervenes in a limited manner with Project Creators in order to assist them in the presentation and promotion of their Projects.
8.6 Disputes between web users
The Company declines all responsibility if a dispute arises between Users and/or Visitors and/or Members who have entered into contact on the Site.
8.7 Hypertext links
The Site contains links to third party websites.
The linked sites are not under the Company's control and it is not responsible for the content of these linked sites. The Company provides these links for convenience and a link does not imply that the Company sponsors or recommends the Site in question or that the Company is affiliated to it.
Linked sites are owned and operated by independent retailers or service providers and as such, the Company cannot guarantee that Users will be satisfied with their products, services or commercial practices.
It is Users' responsibility to carry out all the checks they consider necessary or timely before undertaking transactions with any of these third parties.
Article 9. Intellectual property
9.1 Contents disseminated by the Company
9.1.1 Ownership of the Site and its content
The brands and derived logos are the intellectual property of the Company.
More generally, all patrimonial and moral intellectual property rights relating to the content and information of the Site belong by rights to the Company, subject to any patrimonial rights belonging to a third party and for which the Company has obtained the necessary transfer of rights or authorizations.
The rights granted to Users for using the Site and Services provided by the Company imply no transfer or authorization to exploit or use any of the elements of the Site.
All elements of intellectual property, including brands, drawings, texts, hyperlinks, logos, images, videos, sound elements, software, page layout, databases, codes, etc. contained on the Site and on associated sites are protected by national and international intellectual property laws.
They remain the exclusive property of the Company and/or its partners.
Consequently, without the prior written authorization of the Company and/or its partners, Users may not in any way reproduce, represent, republish, redistribute, adapt, translate and/or transform any element composing the Site, whether partially or wholly, or transfer it to another site.
Users are authorized to reproduce the DIGGERS FACTORY logo on third party websites, but only to promote the Project and/or the Site.
Users acknowledge and take note that breaching this prohibition constitutes a reprehensible infringement in both civil and criminal terms.
9.1.2 Rights of the database producer
The Company is the producer of the database constituted by the Site within the meaning of articles L .341-1 and thereafter of the French Intellectual Property Code. Any extraction or use of the content of the database that is not expressly authorised may incur the civil and/or criminal liability of the party concerned.
The Company reserves the right to take any legal proceedings against persons who do not respect this prohibition.
9.2 Content disseminated by Users
Users grant the Company a licence to use the intellectual property rights attached to the content provided by that User for distribution on the Site.
This licence notably includes the right for the Company to reproduce, represent, adapt, translate, digitise, use and sublicense content concerning the User (information, images, videos, descriptions, search criteria, etc.) on all electronic communication supports to provide its Services.
Users expressly authorise the Company to modify said content in order to respect the graphic guidelines of the Site or other communication supports as indicated above and/or make them compatible with its technical performances or the formats of the support concerned.
These rights are granted for the entire world and for the entire period of execution of these General Conditions between Users and the Company.
Users shall also refrain from copying, reproducing or in any other way using content relating to other Users other than for the strict requirements of using the Services for personal and private purposes.
Article 10. Suspension and interruption of the Services
Without this creating an obligation on its part to verify the content, accuracy and consistency of content, the Company has the right to refuse the insertion of a Project, in accordance with press and publication sector practices.
The Company is free to remove or modify, prior to or after its dissemination, any content on the Site that has no connection with the normally expected content or the Site's editorial line or which does not respect current laws and regulations.
To this end, the Company has the right to carry out electronic surveillance to identify contentious content and take action against the author, including exclusion.
Thus, without prejudice to the provisions of article 12, "Termination", if Users fail to honor any of their obligations, the Company reserves the right to block any Project or content of the Users concerned, to delete contentious messages or contents whatever their nature, to prevent the publication of all or part of the Project, and/or to block their access to all or part of the Services, whether temporarily or permanently, without any compensation or reimbursement and without prejudice to any legal action that may be taken against the Users.
In the event of suspension for any reason, the Company reserves the right, as a penalty clause, not to reimburse all or part of the amounts credited, which it considers necessary to remedy any damages of any kind it has suffered.
Article 11. Force majeure
The Company's liability may not be incurred if the execution of any of its obligations is prevented or delayed due to a case of force majeure as defined by the case law of the French courts, including but not limited to natural disasters, fires, the blocking of means of transport for any reason, total or partial strikes within or outside the Company, lockout, the interruption of telecommunication or computer networks for any reason (power cuts, computer viruses, etc.) and governmental or legal restrictions.
Article 12. Termination
Users or Project Creators may at any time request the termination of their account by email to firstname.lastname@example.org or by post to DIGGERS FACTORY SAS, 10 boulevard Arago 75013 Paris.
Furthermore, in the event of Users' non-execution or non-respect of any of the obligations and stipulations contained in these Conditions, the Company may modify, suspend, limit or stop access to the Site ten (10) days after notification addressed to a User has remained without response, without the latter being able to claim any indemnification, and without prejudice to the damages that the Company may claim to remedy the prejudice suffered.
In the event of a serious infringement of any of the provisions of the General Conditions of Use, the Company is within its rights to cancel a User's account without notice or notification, without any indemnification and without prejudice to any damages the Company may claim to remedy the prejudice suffered.
In the event of termination, Projects at the Collection Period stage can then be stopped and the relevant Contributions reimbursed to the contributors concerned.
Article 13. Final provisions
13.1 Correspondence – Proof
Correspondence exchanged between the Company and Users is mainly carried out by email. In application of articles 1316 and thereafter of the French Civil Code, Users acknowledge and accept that information delivered by the Company by email and on the Site constitutes proof between the parties and has the same probative validity as a written document.
Unless expressly stipulated to the contrary, notifications between the Parties to these Conditions are made by email.
Notifications are deemed to have arrived twenty-four (24) hours after the dispatch of the email, unless the sender is notified that the email address is invalid.
13.3 Applicable law
By express agreement between the parties, these General Conditions of Use and the transactions arising from them are governed by French law.
They are drafted in French. If they are translated into one or more languages, only the French text will be considered authentic in the event of a dispute.
Failing an amicable solution, the most diligent party should submit the case to the competent courts.
It is stipulated that any dispute with a user acting as a retailer arising from the interpretation, execution or breach of these general conditions falls within the jurisdiction of the Paris commercial court.
The stipulations declared null and void shall, in accordance with the spirit and purpose of these Conditions, be replaced by other valid stipulations which shall be similar in scope to the stipulations declared null and void, as far as the law permits.
The Company reserves the right to transfer to any third party of its choice all or part of its rights and obligations under these General Conditions, or to substitute any third party for the execution of same, which Users unreservedly accept.
14. Legal notices
14.1 Identification of the publisher
Users are informed that the Site is published by DIGGERS FACTORY SAS.
We can be reached during office hours on 0632388724.
14.2 Director of Publication
The Site's Director of Publication is Alexis Castiel: Alexis.email@example.com
14.3 Site host
The Site is hosted by OVH, whose company details are as follows:
OVH, a simplified joint stock Company with a capital of €10,000,000, Roubaix-Tourcoing trade and companies register number 424 761 419, having its head office at 2 Rue Kellermann, 59100 Roubaix.
14.4 Contact for all claims concerning the Site and/or its content
The contact email address for all claims concerning the Site and/or its Content is firstname.lastname@example.org