Terms of Use

Terms of Use

These Terms and Conditions of Use are entered into between the Company LT2,

Represented by its President, duly authorised for this purpose,

Hereinafter referred to as « CLT 2 »,

As party of the first part,

And the user, as identified in the process of opening the user account,

Hereinafter referred to as the « User”»,

As party of the second part,

CLT 2 and the User are referred to hereinafter collectively or individually as the “Party” or “Parties”.


0. PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use have several distinct purposes.

CLT 2 offers Users on its Internet site, accessible at www.collectio.org (hereinafter, the “Site”), several services (hereinafter, the “Services”). CLT 2 provides to Users:
the software Collectio (hereinafter, the “Software”) accessible at the secure address https://www.online.collectio.org; a private and secure storage disk space, not accessible to the public, accessible at the secure address https://www.online.collectio.org (hereinafter referred to b y the term “Private Space”). , for storing content and in particular reproductions of works of art (hereinafter, the "Content") and facilitating management of the Content by means of the Software;
a hosting service, if Users wish to make their content public or semi-public.

CLT 2 offers these Services as a subscription. When they subscribe, it offers Users an opportunity to choose from among several paid subscriptions.

The storage capacity, monthly bandwidth, quotas, rights and functions for the Software to which Users have access differ according to the subscription they have chosen.

Access to and use of all or part of the Services offered on the Site are conditional on the User’s registration and imply acceptance by the User of all of the present Terms and Conditions of Use.

Acceptance of the Terms and Conditions of Use excludes the application of any different or contrary provisions that may appear in commercial documents or the in Users’ terms and conditions.

The Parties agree that all conditions and documents other than those set for in the documents mentioned at article 1.4 herein are devoid of all contractual value.

The purpose of the Site is to present the Software, the subscriptions offered and the company, CLT 2, and to offer Services to Users.

CLT 2 reserves the right to change all or part of the present Terms and Conditions of Use. In all cases, the Terms and Conditions of Use shall be regularly adapted to meet legal and regulatory requirements. These new Terms and Conditions of Use will apply to the User only after they have been expressly accepted.



1. USER REGISTRATION FOR SERVICES

1.1. Opening a User account

Only those people who have duly opened a user account can receive the Services offered by the Site.

When registering, the User is asked to provide personal information that will later be used to identify him and facilitate secure access to and use of the Services.

When the User fills in the registration form, he undertakes to fill in the form correctly, and especially to provide only correct, up-to-date and complete information.

Registration carries with it the User’s express and unreserved acceptance of the present Terms and Conditions of Use, represented by the required checking of the Terms and Conditions of Use acceptance box at the bottom of the online registration form.

The User undertakes to update this information whenever his situation changes. If CLT 2 is aware or notes that all or part of the information provided when registering is incorrect, unclear, not up to date, unreliable or incomplete, CLT 2 reserves the right to suspend and/or to close the account and/or to block any new access to and/or use of the Services, without prejudice to any other remedy or action.

The User undertakes to provide his true identity, and where appropriate that of the corporate body he represents, without CLT 2 being obligated to make certain of his status and/or powers.

When registration is complete, CLT 2 will send an e-mail to the User, to activate the account and confirm registration, giving the temporary password for the account. The address for the registration-confirmation e-mail is the one indicated by the User when registering.

The User can enjoy the various Services offered by CLT 2 (to the extent of the type of subscription chosen) only after his account has been activated and his registration confirmed.

In accordance with current regulations, the data collected during registration are kept by CLT 2 as called for by the agreement, along with proof of communications and of the sending of any data. CLT 2 archives the data on a reliable and durable support medium so that it will correspond to a true and lasting copy, in accordance with the rules of the Civil Code and in particular article 1348. In the event of a dispute between the data kept by CLT 2 and any other document provided by the User, it is expressly agreed, as agreement of proof, that CLT 2's information and data shall prevail and shall alone be admitted as proof.

1.2. Access Codes: use and liability

When registering, the User will be asked to select a connection ID (also called user name, alias or login name) and a password, used to identify him and allow a faster connection when he uses the Services.

The User undertakes to select an available and legitimate personal ID. In particular, he is prohibited from choosing an ID that infringes on any intellectual property right, trade name or third-party right of publicity.

A password generated automatically for the User is indicated in the e-mail confirming registration. The connection ID and this initial password are kept by CLT 2.

The user is able to change his password at any time by accessing the “My Settings” section in his Private Space. This new password will be known only by the User; CLT 2 has no access to this information, nor to the customer’s Private Space.

The User undertakes to select a personal and confidential password and to assume sole responsibility for it. He undertakes not to disclose it to third parties and to take all necessary precautions to prevent third parties from gaining access to it.

The User acknowledges that he bears full responsibility for the confidential nature of his ID and password and for the use made of them.

The User is consequently solely liable for the use of his account. Any connection or data transmission made using his password shall be considered to have been made by him and under his exclusive responsibility.

In order to keep his access personal and confidential, it is recommended that the User log out of his account at the end of each session by clicking “Disconnection" or some similar words.

In the event of fraudulent use of his account and/or password, or in the event of loss or theft of his password, the User undertakes to inform CLT 2 of this immediately.

If he forgets his password, the User reports this on the page that opens the session in his Private Space by clocking on “Forgotten password.” In this case, the User must report his connection ID and will receive an e-mail, to the address indicated during registration, giving him a new password.

1.3. Processing of personal data

In accordance with Law 78-17 of 6 January 1978 amended, regarding information technology, files and freedoms, CLT 2 informs the User that it respects the confidentiality, integrity and security of the data he may communicate through the Site or the Services.

Any personal data that directly identifies the User, especially: surname, first name, postal address, e-mail address, telephone numbers, or indirectly, according to the applicable legislation, are considered confidential data and are treated as such.

Opening a user account is subject to the processing of personal data, for which CLT 2 is responsible, and the User accepts this.

This processing of the User’s personal data has been declared to the National Commission on Information Technology and Freedoms (CNIL) under the receipt number: XXX. CLT 2 updates the CNIL declaration as necessary.

The data collected come from the information provided by those persons wishing to access or utilise the Services and become a User.

The data may be utilised for managing the operations performed on the Site, and in particular access and use of the Services.

Subject to presentation of proof of his identity, the User has the right to access, change, correct and eliminate the data concerning him, either by accessing his account or by writing to CLT 2 at the following e-mail address: abonnement@collectio.org, or to the following postal address: Compagnie LT 2, Subscription Service, 12 rue Popincourt, 75011 Paris, FRANCE.

1.4. Scope of the contract entered into between the User and CLT 2

The contract formed between the Parties (hereinafter referred to as the “Contract”) consists of the following contractual documents, in their order of decreasing priority:

the Order
the Terms and Conditions of Use.

In the event of a contradiction between the contractual documents cited above, the higher-ranking document prevails.

The Services Order is submitted by the User to CLT 2 when he registers on the Site, or after registration when he chooses the subscription type. The Order confirmation, the User’s acceptance, and the formation of the contract take the form of the User’s required acceptance of the Terms and Conditions of Use, by the entering of a CAPTCHA code, and by the User’s electronic signature represented by the “confirmation click.” The User may also send a duly filled-in and signed subscription form by post.

The Order determines the type of subscription chosen upon registration, its price, and its term.

The User declares that he has become fully acquainted with the contractual documents cited above before ordering and accepts their terms under the conditions specified herein, without restriction or reservation.

1.5. Acceptance of the contract

The e-mail confirming the User’s registration and his first connection constitute acceptance of the present Contract, effective immediately.

The User must identify himself in his Private Space accessible at https://www.online.collectio.org by means of his ID and password in order to be able to use the Services, and especially for: (i) setting his preferences for the Software (ii) storing his Content, managing his account and Content using the Software made available (iii) updating his personal data.

The connection data recorded by CLT 2 when the User submits his Order constitute proof of the existence and acceptance of the present Contract by the User. These data are considered to be confidential and are treated as such.

1.6. Term

The Contract takes effect on the date of its acceptance by the Parties under the conditions defined above, for the term specified in the Order submitted by the User.

The Contract’s minimum term is one year.
At the end of this term, the Contract is tacitly renewed for the same term as initially subscribed by the User, except in the event of:
termination by one of the Parties by registered letter with confirmation of receipt presented to the other party no later than three (3) months prior to expiration of the term, with no need for grounds for termination being given either by the User or by CLT 2;
the conclusion of a new contract replacing the expiring contract.

The User may terminate his subscription before its term directly online from his Private Space, in the “My Settings/Subscription” section.

The User who decides during the contract not to make use of the Services anymore nonetheless acknowledges that he must meet the obligations he stipulated towards CLT 2 and in particular must pay the agreed price.

1.7. Financial conditions

The applicable price conditions appear on the Site at the time of order. CLT 2 reserves the right to change its prices at any time without notice. The User will be informed by any means of these price changes. The new prices will take effect as soon as they are instituted for new Users, or for new registrations for existing Users. For the Users of a Service whose price has been changed, the new price will take effect only after the current subscription period.

The User will make payment online by credit card. As soon as the bank confirms the payment, the Services will be accessible.

If the User wishes to use some other means of payment (personal cheque, automatic debit or other), access to the Services will be immediate but will not be effective and final until after CLT 2 has actually received the amount corresponding to the Order within 7 days following the Order.

An invoice corresponding to the User’s payment will be sent by e-mail to the address indicated by the User when registering. If the User so requests in writing, CLT 2 will send the requested invoices by post.

If the storage capacity and/or monthly bandwidth as specified by the subscription to the site www.collectio.org is exceeded, CLT 2 will issue a monthly invoice corresponding to the User’s additional consumption.

All invoices issued by CLT 2 are payable at seven calendar days from receipt of the invoice.

If the User believes that his invoice is incorrect and/or wishes to make a complaint, he must contact CLT 2 in writing within seven days after the date of the invoice in question in order to receive a credit or an adjustment to the invoice.

In addition to the other rights CLT 2 has hereunder in the event the User breaches the Contract, invoices not paid when due are subject to 0.65% interest per month on the unpaid amount, or the maximum authorised by law, the lower of the two rates being the applicable rate, to which recovery costs will be added.

In the event of late payment of a single invoice to CLT 2, or in the event of an unpaid amount on any commercial bill, cheque or debit for any reason, CLT 2 reserves the right to interrupt access to its Services until all amounts owed by the User have been paid in full to CLT 2.

The User may in no case ask CLT 2 to pay any compensation for the interruption or suspension or limitation of the Services following a payment incident.



2. SERVICES OFFERED ON THE SITE

2.1. Software made available

CLT 2 offers the User the right to use its Software, which is a technical management tool for storing, organising and distributing the Content stored by the User. The storage capacity, monthly bandwidth, quotas, rights and functions for the Software to which Users have access depend upon the type of subscription the User has chosen.

The User undertakes to comply with the Software licensing terms as presented below.

The Software offered to the User is protected by intellectual property rights, and the User undertakes to respect these rights.

CLT 2 hereby grants the User, for his own personal or professional activity, a private and personal right to use the Software, solely for reproduction on the executable part on his computer, and for use solely for the purposes described herein and for the Services.

This license may in no case be assigned or transferred. This license takes effect as soon as the User decides to download or use this tool, and ends with the term of the Contract. When the present Contract expires, the User undertakes to destroy all data relating to the Software provided, and the Software itself.

In application of article L.122-6-1 of the Intellectual Property Code, the User is prohibited from conducting any intervention on this Software, or any adaptations, modifications or alterations, these being reserved expressly to CLT 2.

The User undertakes to respect the product notices accompanying the Software.

The User is also aware that this Software is provided to him as is, and CLT 2 has no obligation whatsoever to offer any guarantee that the Software corresponds to his needs or is compatible with his computer environment, and may not be held liable for any damages resulting from the use and/or reproduction of the Software.

The User also undertakes to respect all Special Conditions of Use that may be proposed to him as a complement to the present Terms and Conditions of Use when he uses the Software.

The Software may be modified according to improvements or updates made, without prior notice.

CLT 2 reserves the right to cease making one of the Software’s functions available to its Users. Users will then be notified by any means and will continue to have access to said function of the Software for the duration of the subscription they chose.

That fact that CLT 2 has stopped making available one of the Software’s functions may not give rise to payment of any compensation by CLT 2.

It is expressly stated that CLT 2 provides a Software but may in no case stand in for any User function. Advice given by CLT 2 is given solely for use of the Software and in no case for the User’s internal organisation or management.

2.2. Affordance of a private storage space

CLT 2 makes available to the User a disk storage space, completely secure and private, not accessible to the public, so that he may store his Content there and facilitate management of the Content by the Software (hereinafter referred to as “Private Space”).

The User must comply with the instructions and technical constraints provided by CLT 2 for storing the Content in the Private Space. These technical instructions and constraints may evolve as the technology and/or the management requirements for the Services evolve.

In general, CLT 2 may at any time delete all or part of a User’s Private Space if the latter’s technical characteristics pose technical problems that risk interfering with the general operation of one or more of the Services offered.

Only the User has access to his Private Storage Space.

CLT 2 does not have access to Users’ Private Storage Space.

The User is solely responsible for the lawfulness of the Content stored in the User’s Private Space, and CLT 2 may in no case be held liable in the event that the Content stored on this Private Space by the User is unlawful. CLT 2 makes no commitment in this regard.

Nonetheless, in the event of a third-party complaint about the unlawfulness of Content stored by a User in his Private Space, CLT 2 has the right to suspend access to this Content or to the Private Space, without this suspension engaging the liability of CLT 2.

The User is informed that the storage service implies the automatic compression and encryption of certain of his Content (especially videos), that these operations will necessarily cause some deterioration in quality, and he accepts and assumes full and complete responsibility for this, in particular vis-à-vis third parties (especially if the User decides to make his Content accessible to the public).

The size of the Content stored or uploadable included in the basic package is explicitly defined in the descriptions and prices presented in the offers. When the storage capacity is exceeded, as reported by CLT 2, the User will be invoiced according to the rates in effect published on the Site.

CLT 2 holds no right of ownership over the Content stored by the User in his Private Space.

CLT2 is not obligated to keep and save the Content stored by the User. The User himself must therefore see that the Content he has stored is kept and saved, in particular by regularly making copies of his Content.

2.3. Hosting service

CLT 2 offers the User the opportunity to make the Content he has stored on his Private Space public or semi-public (by setting up an access code). The public or semi-public part of his Private Space is hereinafter referred to as “Public Space”. CLT 2 is then the hosting service provider and the User is responsible for said Content.

2.3.1. Rules of use and behaviour

The User is subject to all the rules of proper behaviour, and first and foremost compliance with laws, that Internet users are subject to.

The Internet is a space for social relations that assumes that each person has respect for others, and where all are required to respect the law.

The User therefore undertakes to demonstrate discernment in using the Services made available.

The User acknowledges that he is aware of the risks inherent in using communication services and must consequently use the Services knowledgeably and willingly, especially insofar as he addresses the public.

The User is in particular required not to use these Services for:

transmitting any content justifying certain crimes, in particular murder, rape, war crimes and crimes against humanity;
transmitting any paedophile content;
sending or transmitting any message whose content is illegal, harmful, threatening, abusive constituting harassment, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, anti-Semitic, xenophobic, revisionist or otherwise reprehensible;
endangering minors in any way;
transmitting any content contrary to public order and good morals;
transmitting any content which by its nature is likely to jeopardise respect for the human person and his dignity, equality between men and women, and the protection of children and adolescents;
transmitting any content that may constitute – without the following being limiting – incitement to crimes and offences, incitement to suicide, incitement to the use of drugs or prohibited substances, incitement to commit attacks, provocation of discrimination, hatred or violence because of race, ethnicity, religion or nation, false news, false rumours; attack on the authority of justice, procedures, the disclosure of information relating to an individual's fiscal status; dissemination beyond the authorised conditions of voting surveys and simulations relating to an election or referendum; slander and insults; infringement of privacy; or acts endangering minors in particular through the creation, conveyance and distribution of violent or pornographic messages or messages that may seriously endanger human dignity;
transmitting any content that mentions or incites cruelty towards animals;
counterfeiting headings, official or not, or manipulating the identifying element in any other way so as to hide the origin of the content transmitted via the Services;
collecting or storing data in order to create a database concerning the Services or the Users of the Services;
transmitting any message whose content the User is not authorised to distribute, in particular by a legislative measure or judicial act (in particular internal, privileged, confidential information learned or disclosed as part of an employment contract or confidentiality agreement, without this list being limiting);
transmitting any message whose content violates any patent, registered trademark, registered design or model, manufacturing secret, copyright, intellectual property right or any other ownership right belonging to others, or right of publicity;
accessing or attempting to access the account of another User of the Services;
transmitting any unsolicited or unauthorised promotional message;
transmitting any message containing computer viruses or any other code, file or programme designed to interrupt, destroy or limit the functionality of any software, computer, computer system or telecommunication tool, without this list being limiting;
transmitting messages inciting or making possible any act of computer hacking or avoidance of protective technical systems (cracking) or information/notices on intellectual property rights;
hindering or disturbing the Services, servers and networks connected to the CLT 2 site, or refusing to comply with the required conditions, procedures, general rules or regulatory provisions applicable to the networks connected to the CLT 2 site;
violating, either intentionally or unintentionally, any current local, national or international law or regulation as well as the limitations contained in the present Terms and Conditions of Use;
usurping an identity or passing oneself off as another person or entity, including as an official representative of CLT 2, a coordinator and/or administrator of the Services;
harassing in any way whatsoever another or several other users of the Services;
giving information referring to other sites (whether by the creation of hypertext links, or simply by providing information) whose content may violate any current law or regulation, and in particular likely to infringe upon the rights of persons and things, and/or intellectual property rights;
making statements that attack CLT 2, its executives and/or employees;
attacking in any way whatsoever the image and reputation of CLT 2, its executives and/or employees;
disseminating or spreading false rumours, especially the transmission of junk mail, chain mail, or other similar transmissions;
using one’s Public Space or any other Service for promotional purposes and generally featuring products and services for commercial purposes for content, products or services that are not one’s own personal Content;
collecting, storing and distributing personal data relating to other users or to any third party.

2.3.2. Rules of technical use – Tools made available

To permit the harmonious technical functioning of the Services, certain technical constraints must also be observed.

Consequently, the User must conform to the technical instructions provided by CLT 2, which may evolve as the technology and/or the imperatives of managing the Services evolve.

In general, CLT 2 may at any time delete all or part of a User’s Public Space if the latter’s technical characteristics pose technical problems that risk interfering with the general operation of one or more of the Services offered.

In all cases, the User is the sole publisher of and responsible for his Content, and his Public Space in general.

The User is fully informed of the fact that the Content he offers in his Public Space may be accessed by third parties according to the terms of use he determined, and he alone assumes full and complete responsibility for this, especially in the event that third parties utilise his Public Space and/or its Content in any way whatsoever.

The User is obligated to respect third-party rights, the rights and property of persons (in particular third-party intellectual property rights and right of publicity), in particular when he makes choices regarding the Content he stores in his Public Space, or uses the various technical options offered to him for access to his Content.

2.3.3. Alert and notification procedure for stored unlawful content

Taking into account the significant amount of information and Content of all sorts placed online via the Services, CLT 2 has no obligation to verify said information in any way before it is placed online.

In application of Law 2004-575 of 21 June 2004, CLT 2, as hosting service provider, is able and obligated to remove any information, or make access to it impossible, whenever it learns of the manifestly unlawful nature of the information that may appear in the User’s Public Space.
Any person wishing to make CLT 2 aware of the presence of unlawful content in the Public Space of a User may inform CLT 2 in accordance with the terms of article 6-I-5 of the aforementioned Law 21 June 2004 by notifying CLT 2, by registered letter with confirmation of receipt, with all of the following information:

date of notification;
identity of the notifier; if the notifier is a natural person: full name, profession, address, nationality, date and place of birth; if the notifier is a corporate body: its form, corporate name, registered office and the body that legally represents it;
addressee’s name and address, or, in the case of a corporate body, its corporate name and registered office;
a description of the contentious facts and their precise location;
the reasons that the content should be removed, including citation of the legal provisions and documentary evidence of facts;
a copy of the correspondence addressed to the author or publisher of the contentious information or activities demanding their interruption, removal or change, or documentary evidence that the author or publisher could not be contacted.
Furthermore, considering article 6-I-7 of the aforementioned Law 21 June 2004, CLT 2 has put in place an accessible and visible system allowing anyone to report any information concerning any activity or information in the Public Spaces that it hosts whenever this information concerns:
justification of wilful attacks on life, wilful attacks on the integrity of the person and sexual aggression, war crimes, crimes against humanity or crimes and offenses of collaborating with the enemy (paragraph 5 of article 24 of Law 29 July 1881 on freedom of the press];
provocation and incitement to discrimination and hatred or racial violence against a person or group of persons because of their origin or their belonging or not belonging to a certain ethnicity, nation, race or religion (paragraph 8 of article 24 of Law 21 July 1881 on freedom of the press);
incitement to violence, in particular violence against women, as well as attacks on human dignity;
pornography involving minors (article 227–23 of the Penal Code);
illegal gambling activities.
CLT 2 promptly informs the competent public authorities of all unlawful activities mentioned in the preceding paragraph that are reported to it.
In reporting these unlawful activities, the notifier is not required to follow the forms of notification provided for by article 6-I-5 of Law 21 June 2004.
CLT 2 makes public the resources it devotes to combating these unlawful activities.
CLT 2 notes that article 6-I-4 of the aforementioned Law 21 June 2004 provides that “the act by any person of presenting to the persons mentioned at 2 [i.e., to the hosting service provider– in this case CLT 2], content or activity as unlawful in order to obtain its removal or cause its distribution to be halted when the person knows that this information is inaccurate is punishable by one year of imprisonment and a fine of 15,000 Euros.”
CLT 2 informs Users of the risks they incur through pranks that violate the law.
The personal data collected as part of this notification of unlawful; content are considered confidential data and are treated as such. This treatment has been declared to the National Commission on Information Technology and Freedoms under receipt number: XXX.
In any case, by virtue of the present Terms and Conditions of Use, CLT 2 informs the User that when CLT 2 receives a complaint alleging the unlawfulness of a User’s Content, CLT 2 reserves the right to suspend access to this User’s Public Space, without incurring its liability, and without CLT 2 having to declare its opinion regarding whether the complaint is well founded, and without its liability being invoked by the User.

2.3.4. Identification of content publishers

Article 6-III-2 of Law 21 June 2004 provides for the possibility of a person who does not publish a communication service online for professional purposes to remain anonymous by indicating only the hosting service provider’s name (in this case CLT 2) in its Public Space.
However, this possibility is not available if this person has provided all of the following identifying elements:
natural person: full name, address and telephone number;
corporate entity (association): corporate name, registered office, telephone number;
the name of the director or co-director of publication, and that of the editorial manager, pursuant to Law 29 July 1881. In the absence of an indication to the contrary brought to the attention of CLT 2, the User is presumed to be the director of publication and the editorial manager of his Public Space.

CLT 2 provides technical means enabling Users to meet the identifying conditions cited above in the registration form and/or by sending a message to the following address: support@collectio.org.

If the Users publish Content for professional purposes, they are obligated to indicate on the page all of the notices called for at articles 6-III-1 b), c) and d) of Law 21 June 2004.

If Users do not provide all of the necessary identifying elements or the required notices, CLTY 2 will not be held liable.



3. INTELLECTUAL PROPERTY

The software made available on the Site is the exclusive property of CLT 2. The User undertakes to respect its rights.

The names, images, logos or other distinguishing marks present on the Site identifying CLT 2, its partners or third parties or their products and services, in particular the trademark “Collectio” n. 3707315 and the other logos and trademarks of CLT 2 are content protected by trademark law and/or copyright in France and abroad. Any unauthorised reproduction constitutes a civil and criminal offense of infringement.
The general structure, editorial content, images, sounds, videos, multimedia, texts, photographs, icons, software, databases used and any other elements present on the Site are protected by copyright, related rights and/or the sui generis right of the database producer, and by the applicable international conventions.

CLT 2, its partners or third parties are the sole holders of the aforementioned intellectual property rights over all elements present on the Site and provided by CLT 2.

As such, and under penalty of criminal prosecution, subject to CLT 2’s express consent, the User undertakes not to:
reproduce, represent, modify, publish, adapt in any medium whatsoever, by any means whatsoever, any of the elements present on the Site;
make any attack against the computer systems used to provide the Services, including any intrusion or attempt at intrusion;
conduct any reverse-engineering operation on all or part of the Services;
compile, decompile or disassemble all or part of the Services;
modify or create programmes developed on all or part of the Services, including to correct any errors;
distribute and/or disseminate copies of all or part of the Services;
remove or delete any notices and/or any proprietary information present on all or part of the Services;
resell, lease, sublease or transfer the Services in any way whatsoever to a third party.

Subject only to the restrictive application of legal exceptions, any utilisation, reproduction or representation, complete or partial, of the distinguishing marks or elements present on the Site without the prior written authorisation of CLT 2, its partners or third parties, is prohibited and constitutes a civil and criminal offense of infringement.

CLT 2 holds no right of ownership over the Content stored by the User in his Private Space and Public Space.



4. OBLIGATIONS and RESPONSIBILITIES

4.1. CLT2's obligations

As part of a best-efforts obligation, CLT 2 undertakes to make its best efforts to ensure proper functioning of the Site, the Services, the correctness of the information appearing there, subject to the User’s full compliance with its contractual obligations.

To the extent possible, CLT 2 strives to keep the Content accessible, but has no obligation to achieve this. CLT 2 may therefore interrupt all or part of the access to the Services, in particular for purposes of maintenance, correction or upgrade. Access may also be interrupted for any other reasons, in particular technical or legal ones.

CLT 2 does not guarantee non-intrusion into User Content.

4.2. User’s obligations

As part of an obligation to achieve a result, the User undertakes to respect the terms herein.

The User undertakes to comply with all applicable laws and regulations in his Use of the Services, including those concerning personal data protection and those involving intellectual property.

The user is solely responsible – to the exclusion of CLT 2 – for the correctness, quality, integrity, lawfulness, reliability, appropriate character and the intellectual property rights or rights to use all Content which the User makes accessible in his Public Space.
The User also guarantees that he is the holder of or that he has all authorisations required for the intellectual property rights (such as, in particular, similar rights, trademark rights) and generally all rights (such as for example the right of publicity for third parties) relating to his Public Space and its Content, allowing all operations on all electronic communication networks pursuant to the Electronic Mail and Communication Code, especially for worldwide Internet, noting that data on the Internet are likely to be disseminated, reproduced and represented by Internet users.

The User is also responsible for any links, hypertext or other, created from his Public Space. CLT 2 is simply a supplier of technical systems and equipment that allows exploitation of the Content under his sole responsibility, and in no case may these systems and equipment be used to offer files that do not respect intellectual property rights.

In the event that these authorisations and rights carry with them restrictions on exploitation, the User undertakes to respect them.

The User is solely responsible – to the exclusion of CLT 2 – for all activities occurring through his personal account and in his Public Space.

The User undertakes not to use information deriving from the Services for purposes other than personal or professional purposes intended for his professional prospects, to the exclusion of any use for purposes of communication to the public or for advertising purposes, without the specific and prior consent of CLT 2.

The User undertakes to guarantee and compensate CLT 2, its representatives, employees, partners and/or all third parties against any damage, complaint or demand from third parties in the wake of utilisation of the Services, and in particular relating to the sending, distribution or transmission of Content by the User on the Services. This guarantee covers any compensation that may be owed as well as attorneys’ fees and court costs, within a reasonable limit.

4.3. Limitation of liability

CLT 2 is not liable for breakdowns in performing the Services and for changes to the Services that may occur, in particular considering the quality of the Internet and/or technical configurations.

To the full extent allowed by current regulations, CLT 2 and its partners are not liable for the quality and compatibility of the Services with the specific uses that Users make of them.

CLT 2 may in no case be held liable for interruptions in access to all or part of the Services and/or the Site during operations to correct, update or maintain the Site and the Services or for any damage that may result for the User, in particular loss of Content.

In the event that CLT 2’s liability should be incurred, compensation will apply only to direct, personal, certain and foreseeable damages, to the exclusion – without this list being limiting – of any indirect and/or intangible damages and/or prejudices, such as financial or commercial damages, losses of exploitation and revenues, loss of data. The User acknowledges that he must be his own insurer for these damages, or that he has contracted the appropriate insurance. Any lawsuit directed against the User by a third party constitutes an indirect damage and consequently does not entitle the User to any compensation. The Use therefore accepts without reservations the aforementioned provisions and their consequences.

In all cases in which CLT 2’s liability is incurred by virtue of execution of the Contract, whatever its nature, grounds and/or conditions, the Parties agree that CLT 2’s liability is limited to the amount of the price paid by the User to CLT 2 for the various Orders submitted under the present Agreement, excluding costs, even if the damages are higher.

In any event, CLT 2 may not be held liable in the case of fault or deed entirely attributable to the User, to a third party, or in the event of a case of force majeure.

In all those cases in which CLT 2’s liability may be incurred, no suit or complaint whatsoever may be brought against CLT 2 more than one (1) year after the day of the breach committed by CLT 2.



5. Sanction FOR NON-COMPLIANCE WITH TERMS AND CONDITIONS OF USE

In the event that the User fails to meet any one of its contractual obligations, CLT 2 may suspend access to all or part of the Services until the User meets all of his obligations; furthermore, CLT 2 is entitled to terminate the Agreement after sending the User a notice to perform by registered letter with confirmation of receipt having gone without effect within eight days of being sent, without prejudice to any damages or interest that may be sought.

As a consequence of this termination by right, access to all or part of the Services and Content and the Content itself will be deleted, the User’s account will be closed, and any new request for registration may be blocked.

This termination occurs without prejudice to any criminal or civil action against the User on the part of the public authorities, third parties or CLT 2.



6. RIGHT OF WITHDRAWAL

CLT 2 informs the non-professional User that article L. 121-20 of the Consumer Code provides a period of withdrawal of seven days in the event of a distance-services agreement is entered into.

However, CLT 2 informs the User that the right of withdrawal is not applicable to the present Services inasmuch as the Services are immediately made available after confirmation of registration.

The User expressly consents to immediate affordance of the Services and, thereby, to non-application of the right of withdrawal.



7. CONTRACT AMENDMENT

During execution of the Contract, the User may ask CLT 2 to modify the subscription he initially signed up for under the conditions defined below, by sending a letter to the following address: Compagnie LT2, Service Abonnement, 12 rue Popincourt, 75011 Paris, FRANCE; or by e-mail to the following address: abonnement@collectio.org. He may also modify his subscription directly from his Private Space under the “My Settings/Subscription” section.

- If a subscription is changed to one with a higher price than the previous one, a new contract takes effect on the date of modification for the new term of the selected contract.

- If a subscription is changed to one with a lower price than the previous one, the contract runs through its term and the new subscription takes effect only at d+1 of the initial term.



8. INFORMATION

Each of the Parties undertakes to inform the other Party in writing of any substantial change concerning his situation (in particular address, bank coordinates, transfers, etc.).

The User undertakes to make these changes on the Site directly through his personal account.



9. GENERAL PROVISIONS

9.1.

The hosting service provider’s Software, or that of any other company which CLT 2 may assign to produce the Software, also reserves the right to suspend access to the Site or the Services in order to undertake, without advance notice, any corrective, upkeep or maintenance operation on the Software.

9.2.

If one or more provisions of the Terms and Conditions of Use are considered invalid or declared as such in application of a law, regulation, or in the wake of a final judgement by a competent jurisdiction, the other stipulations of the contract shall retain their full force and scope.

The Parties then agree to replace the clause declared null and void by a clause whose content and balance will be as close as possible to the initially written clause.

9.3.

The User may not assign all or part of its rights and obligations to a third party. The User is prohibited from subletting and/or making available to a third party, in any way whatsoever, all or part of the Services. The contract binding Users to CLT 2 is personal, non-assignable and non-transferrable.



10. APPLICABLE LAW AND ATTRIBUTION OF JURIDICTION

The Terms and Conditions of Use are subject to French law.

Any disagreement or dispute not settled amicably falls within the exclusive jurisdiction of the Courts of Paris, which alone are competent to hear any dispute relating ion particular to the validity, interpretation, execution and/or termination and consequences of the present Contract, notwithstanding multiple respondents, introduction of third parties, emergency proceedings, proceedings by interim injunction or by motion.