Terms of service blogspirit.com
1. Acceptance of Terms for blogspirit.com
The following blogSpirit's Terms of Service ("TOS") regulate the legal relationship between blogSpirit and all Members ("Members" and the term "a Member" or "the Member" shall be construed accordingly) of blogspirit.com's internet blogSpirit Service platform ("the Platform" or "the Service Platform") and supersedes all prior agreements between the parties regarding the subject matter contained herein.
Important - Please read carefully: by creating an account (as defined below) and / or clicking the "accept" button below, you become a Member (either on behalf of yourself as an individual or on behalf of an entity as its authorized representative) agree to all of the Terms of Service and become a blogspirit.com's Service Member.
Scope of the term "Content" = "digital Content" = data, text, software, music, sound, photographs, graphics, video, messages or other materials.
2. Modifications to Terms of Service
blogSpirit may amend the TOS from time to time in the future.
blogSpirit reserves the right to update and change the TOS without notice or acceptance by the Member.
You can monitor the most current version of the TOS at any time at: http://starter.blogspirit.com/en/tos.html
Related to major amendments in the TOS, blogSpirit will notify the Members by posting the amendments as a start-up screen prior to the following use of the Service.
If you do not click the "I accept" button, you may terminate your use of the Service at that time.
We suggest you regularly monitor the TOS.
3. Description of the Service ("Service")
blogSpirit is providing the Members an internet Service Platform on which they can create and manage a "Weblog" (web site with multimedia Content) with many publishing and community Services. Some of these Services will be free of charge, others may cost money or have other requirements depending on the level of Service the Member has chosen.
blogSpirit may put any type of advertisement on Members' Weblogs without reference to the Member.
The Service includes communications from blogSpirit such as administrative messages, service newsletter and the Member will not be able to opt out of receiving them.
Members may be informed of the opportunity to enter into agreements with third parties. blogSpirit is not liable in relation to, and takes no responsibility for, any contract entered into by Members with any third party.
4. Prerequisites of Use
There are some prerequisite to the use of the blogspirit.com internet Service Platform. blogspirit.comPlatform back office and Services may only be used by registered Members. You are a Member when you have clicked on the "do accept" button and so accepted the TOS, completed the registration form with complete and correct information and so created an account and been subsequently accepted by blogSpirit.
Members have to inform blogSpirit of any and all changes to the account information as soon as possible. If the information provided by a Member is suspected with reasonable ground by blogSpirit to be untrue, inaccurate, not current or incomplete, blogSpirit retains the right to close the Member's account and block any new use of the blogspirit.com Service by the Member.
The Member email account must be always contactable and be acceptable
blogSpirit will not answer any Member's instruction unless they are sent from the registered account email.
A Member must be 13 years old or over. For some specific Services, blogSpirit may set different age restrictions and will notify the Members by posting a start-up screen prior the use of such specific Services.
blogSpirit retains the right to refuse a registration without giving reason.
Members assert that they exit from their account at the end of each session.
Members have to provide all equipment necessary to establish a connection to the World Wide Web, including a computer and modem or other access device, for own access to the World Wide Web and may pay fees associated with such access.
Members agree not to access the blogspirit.com Service by any means other than through the Member's blogspirit.com Service interface.
5. Service Modifications
blogSpirit retains the right to modify or discontinue the blogspirit.com Service with or without notice to the Member.
Each Member is responsible for maintaining the confidentiality of the password and account it shall receive after completing the registration form, and is fully responsible for all activities that occur under its password or account. The Member may change its password at any time on the blogspirit.com Service Platform.
All information, text, images, graphics or multimedia files entered into blogspirit.comPlatform by the Member is private to the Member except to the extent that it opts to share that information with other Members, people and / or the public.
Members warrant to blogSpiritthat they have the rights to display the Content that is placed on Weblogs and / or the blogspirit.com Service Platform.
blogspirit.com's policy aims at respecting the Members privacy.
Each Member can access to all of its personal information and can modify them.
blogSpirit will not disclose to any third party Member's name or contact information without informing the Member. blogSpirit and its partners firms observe the data protection regulations.
7. Copyright and Intellectual property
The blogspirit.comService Platform is based on and powered by a software that contains proprietary and confidential information that is protected by applicable intellectual property.
The Member acknowledges that no title to the intellectual property in the software is transferred to the Member itself.
Title, ownership, rights and intellectual property rights in and to the software shall remain in blogSpirit's software.
The software is protected by copyright and patent laws of France and international treaties.
The Member commits himself not to:
- reverse engineer, decompile, or disassemble the software and / or the blogspirit.com Service based on the software;
- modify, or create derivative works based upon the software in whole or in part;
- distribute copies of the software and / or the blogspirit.com Service;
- remove any proprietary notices or labels on the Service and / or the blogspirit.com Service;
- resell, lease, rent, transfer, sublicense, or otherwise transfer rights to software and / or the blogspirit.com Service.
The Member acknowledges that the Weblogs and the blogspirit.com Service contain advertisements or information which may also be protected by copyright, trade mark registrations, patents or other proprietary rights and laws.
The Member acknowledges that its publications of other digital Content such as layouts, design templates, scripts, code and functions, navigation elements in a publicly accessible area of the blogspirit.com Service Platform, gives other Members the free, unlimited, perpetual and non-exclusive right to use these Contents / elements wholly or partially in all manners within the blogspirit.com Service Platform.
8. Content Responsibility and Use of Weblogs and the blogspirit.com Service
The Member acknowledges and agrees that:
blogSpirit neither endorses the Contents of any Member communications (published texts, images, files, data, hyperlinks, software or other Content) nor assumes responsibility for any threatening, anticonstitutional, libellous, obscene, harassing, pornographic, racist, hatred-inciting, vulgar, defamatory, or offensive or damaging material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.
The Member acknowledges and agrees that Content published publicly will be accessible by the public without Member's knowledge and that digital Content published privately may also be read publicly if the Member makes an operating error, if third parties enter the blogspirit.com System illegally or if there are errors in the computer software. erreur dans le logiciel.
Moreover, the Member will not:
- harm minors in any way;
- simpersonate any person or entity, including, but not limited to, a blogSpiritofficial, forum leader, guide or host, or falsely state or otherwise misrepresent its own affiliation with a person or entity;
- behave in any way which might restrict or inhibit the use and enjoyment of Weblogs and the blogspirit.com Service by any person;
- upload, post, email or otherwise transmit any Content that the Member does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, competitions, "junk mail", "spam", "mass e-mailing" with or without a fake return address, "chain letters", "pyramid schemes", "snowball-systems" or any other form of solicitation or commercial exploitation. The Member's conduct is subject to Internet regulations, policies an procedures;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any data Content transmitted through the blogspirit.com Service;
- interfere with or disrupt the blogspirit.com Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law;
- otherwise harass another;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
- collect, store or create a database about the blogspirit.com Service, its Members Weblogs or the software used by the blogspirit.com Service;
- offer for sale or sell any item, good or service that violates laws or that the Member does not have full power and authority under all relevant laws and regulations to offer and sell or that blogSpiritmay determine inappropriate for sale through the blogspirit.com Service;
- pretend to be a representative of blogSpirit or the blogspirit.com Service or any partner;
- access an other Member account that the Member does not have a right to use and / or change any Content / comment or the other Members information;
- behave in any way that might bring blogSpirit into disrepute.
blogSpirit does not and will not verify or pre-screen each Content entered by Members on the blogspirit.com System Platform and does not accept responsibility or liability for such Members Content. So the Member may find and be exposed to objectionable Content.
The Member acknowledges and agrees that Content whether publicly or privately transmitted is its sole responsibility This means that the Member, and not blogSpirit, is entirely responsible for each and all Content that the Member uploads, posts, emails or otherwise transmits via the blogspirit.com Service.
blogSpirit may decide, in its sole discretion, to delete or block any or all of a Weblog Content.
The Member acknowledges and agrees to immediately inform blogSpirit of:
- any unauthorized or abnormal use of its account or / and blogspirit.com Service;
- any other breach of security known to the Member.
blogSpirit retains the right to limit the number of accounts and Weblogs per Member at its sole discretion to prevent abusive use of the blogspirit.com Service.
9. Limited Warranty
blogSpirit does not warrant that the functions contained in the blogspirit.com Service Platform will meet the Member's requirements or that the operation of the Platform will be uninterrupted, timely, secure, fully compatible with the Member's hardware and software furnishing, error-free or free from malicious code or transmission of such malicious code.
For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system or computer network, including viruses, trojan horses, droppers, worms, logic bombs, and the like.
blogSpirit does not make any warranty as to the accuracy or reliability of any information obtained through the blogspirit.com Service or that defects in the Platform software will be corrected.
Except as stated above in these TOS, the blogspirit.com Service is provided "as-is" without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, and fitness for a particular purpose and the Member expressly agrees that the use of the Service is at the Member's sole risk.
Further, blogSpirit shall not be liable for the accuracy of any information oral or written provided by blogSpirit or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by the Member as a result of such technical support.
The Member assumes full responsibility for the selection of the blogspirit.com Service to achieve its intended results and for the use and results obtained from use of the Service. The Member also assumes the entire risk as it applies to the quality and performance of the blogspirit.com Service.
Should the Service prove defective, the Member (and not blogSpirit or its distributors or dealers) assumes the entire cost of all necessary servicing, repair or correction of its own hard and software materials.
blogSpirit makes no warranty regarding any goods or Services purchased or obtained through the blogspirit.com Service or any messages received or any transactions entered into through the Service or alteration of the Member's transmissions or data, including but not limited to, damages for loss of profit, use, data or other intangible, even if has been advised of the possibility of such damages.
blogSpirit is not responsible for the Content of advertising banners and other external Contents provided directly or not from other websites.
- Limited warranty. blogSpirit warrants that: when used with a recommended access to the World Wide web, the blogspirit.com Service will perform in substantial conformance with the documentation supplied online at: http://starter.blogspirit.com/en/kb/.
- Time-restricted warranty. blogspirit.com Service is a commercial Service and blogSpirit will NEVER claim to charge nothing for blogspirit.com Service forever.
- No other warranty. Except as set forth in the forgoing limited warranty, blogSpirit and its suppliers disclaim all other warranties, either express or implied, or otherwise including the warranties of merchantability and fitness for a particular purpose. Also, there is no warranty of noninfringement, title or quiet enjoyment. No oral or written information or advice given by blogSpirit, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
Some jurisdictions do not allow the exclusions of certain warranties, so some of the above exclusions may not apply to a Member.
10. Limitation of liability
- Neither blogSpirit nor its suppliers shall be liable to the Member or any third party for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, business, interruption or the like), arising out of the use or inability to use the blogspirit.com Service or these TOS based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), Service liability or otherwise, even if blogSpirit or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
- Limitation of usage time. blogspirit.com Service is a commercial service. And blogSpirit will never claim to charge nothing for its Service, forever.
The Member acknowledges and agrees to indemnify and hold blogSpirit and its subsidiaries, affiliates, officers, agents and partners harmless from any claim or demand, including legal fees, made by any third party due to or arising out of the Member's use of and / or connection to the blogspirit.com Service Platform, the Member's violation of the TOS or the Member's violation of any rights of another.
12. Basis of the agreement
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between blogSpirit and the Member. blogSpirit would not be able to provide the blogSpirit Service on an economic basis without such limitations.
13. Conditions of payment
blogSpirit proposes to its Members paying services which can be subscribed within blogspirit.com website.
The subscription to these services requires the payment by the Member of the chosen Services for a Period (indicated hereafter as "Period") of 3 months, 6 months or 1 year. The subscription to one of those services for a chosen period is indicated herafter "Subscription".
All the prices and rates within the site are indicated in euro (€) and are all inclusive.
The payment of the Services is accomplished by Credit card on secure web pages. blogSpirit will not save on its infrastructures the banking datas of its Members.
Each subscribed Period is entirely due. No refunding will be carried out by blogSpirit if the Member decides to cancel his subscription during the Period. The rates of the Services are charged every Period first day
14. Terms of subscription's modification
The Member has the possibility to modify and/or to renew his subscription at any time during the Period.
Any modification of the subscription's terms will take effect immediately, under the conditions defined below.
When a Member decides to renew his subscription, he engages himself to pay the corresponding fees. The new subscription Period will be added to the remaining subscription Period, without any change in the service level.
When a Member decides to switch from a less expensive service to a more expensive one, the Member engages to pay the new subscription fees LESS the number of monthly fees of the older subscription corresponding to all the remaining full months.
When a member decides to switch from a more expensive service to a less expensive one - if this is technically possible - the member engages to pay the corresponding fees. No reimbursement will be paid to the Member for the remainign months of the more expensive subscription. For this reason, we strongly recommend our members willing to switch to a less expensive subscription to wait the end of their present subscription, before doing so.
The Member is informed that any modification from a more expensive service to a less expensive one might involve a loss of datas and / or of functionalities from his blog. If this is the case, blogSpirit will not be considered responsible for any of those data or functionalities loss.
15. Terms of cancellation
15.1 - On the Member 's initiative
The Member can cancel his subscription without justification simply by informing blogSpirit via the "Delete your account" form (in the account heading).
The cancellation will be effective in a 7 days delay. In case of cancellation on the Member's initiative, the Contents could be restored under a digital format subjected to a standard administrative price if the Member requests it while he cancels his subscription.
. Otherwise, it belongs to the Member to save its Contents under his exclusive responsibility and on a support of his choice, before carrying out his cancellation request.
15.2 - On blogSpirit's initiative
blogSpirit reserves its rights to suspend or remove the Services, without allowing the Member any compensation or refunding:
- in case of the Member's violation of any General Conditions of Use clause in particular in case of non respect of his engagements as accepted in article 8, in case of an Internet use likely to carry damage to thirds rights or to be contrary to accepted standards of behaviour or law and orders;
- in case of non payment of the subscription whatever the cause is.
The herafter contract between blogSpirit and the Member will automatically and immediately take an end, without formality of any kind if the Member's case is one of the above.
Thus, the Member will not be able to reach his account any more and all his personal information and Contents could either be removed by blogSpirit or have its access prohibited to any Third.
blogSpirit does not endorse any responsibility towards the Members or third for information and Contents which would be thus erased.
15.3 - Absence of refunding
In all the cases of cancellation, no refunding could be carried out by blogSpirit to the Member's profit. Possible Services the Member subscribed during a Period will be due to blogSpirit and debited from the Member's means of payment.
blogSpirit, Blogspirit, blogspirit.com, the blogSpirit logo, the Blogspirit logo and other version of blogSpirit graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of blogSpirit or its subsidiaries. blogSpirit's trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not blogSpirit's, in any manner without blogSpirit's permission.
Any use made of these marks may be infringement of rights.
If any of the TOS should be determined to be illegal, invalid or otherwise unenforceable, the term or terms in question shall be severed and deleted from the TOS and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These TOS will be governed by the laws of France. Any disputes arising relating to the blogspirit.com Service will be exclusively subject to the jurisdiction of the court of Versailles.
17. Legal terms
Capital: 16 000 Euros
Main office address:
72 rue du Faubourg Saint-Honoré
75008 Paris - FRANCE
ID number: 479 109 332 R.C.S VERSAILLES
TVA ID: FR50479109332
Managing director: Philippe PINAULT