1. Your relation with RAIDLIGHT
1.1 The use of the RAIDLIGHT website (the “website”) and all the products, the services and the software, including the video service by RAIDLIGHT which could be integrated (the “RAIDLIGHT player”) and the “RAIDLIGHT tool of Sending Contents” supplied by RAIDLIGHT through the website (indicated collectively, for the needs of the present, “the Services”) are subjected to the measures of a contract which binds you to RAIDLIGHT. “RAIDLIGHT” indicates a company, the head office is situated here: ZA des CHALAYES, 42660 SAINT GENEST MALIFAUX, FRANCE.
1.2 This contract having compulsory strength between you and RAIDLIGHT includes (A) the general conditions planned in the present, (B) the protection charter of the particulars of RAIDLIGHT and 5C) the Rules of the RAIDLIGHT Community (collectively indicated by the "Conditions").
1.3 The Conditions have a compulsory strength between you and RAIDLIGHT with regard to the use of the Services. It is important that you read them attentively.
1.4 The Conditions apply to all users in the website, including the users who supply video contents, news, equipement or services to RAIDLIGHT.
2. Acceptance of the Conditions
2.1 To use our Services, you must accept the Conditions. If you do not accept them, you cannot use the Services.
2.2 Your use of the Services will be worth acceptance of the present Conditions. You recognize and accept that RAIDLIGHT can consider your use of the Services as an acceptance of its Conditions, from their use.
2.3 You cannot use the Services or accept the Conditions if ( a ) you have not the required legal majority to conclude a contract with RAIDLIGHT, or ( b ) if the laws of your country of residence or the country you reach the Services or use them forbid you to receive or to use the Services or prohibit such a reception or an use.
2.4 We advise you to print or to register locally a copy of these Conditions for your archives.
3. Language of the Conditions
3.1 If RAIDLIGHT supplies you a translation of the English version of these Conditions, this one is only provided to you by convenience but your relation with RAIDLIGHT will be governed by the version in French language of these Conditions.
3.2 In case of difference between the English version and the translated text of the Conditions, the English version will prevail.
4. Modifications of the conditions
4.1 RAIDLIGHT reserves the right to modify periodically the Conditions. In case of modification, a new copy of the Conditions will be available.
4.2 If you use the Services after the last update of the Conditions, you recognize and accept that RAIDLIGHT considers your use as the acceptance of these modified Conditions.
4.3 We advise you to consult regularly these Conditions in order to be informed about the made modifications.
5. RAIDLIGHT accounts
5.1 You must have to create a RAIDLIGHT account if you want to reach the functions of the website or other services. When you create your account, you have to supply a complete and exact information. Protect the security and the confidentiality of your password.
5.2 You have to prevent RAIDLIGHT immediately of any obstacle in the security or any not authorized use of your RAIDLIGHT account.
5.3 You recognize that you are only responsible (to RAIDLIGHT and any third party) for any activity made from your RAIDLIGHT account.
6. General limitations of use
6.1 RAIDLIGHT authorizes you by the present to reach and to use the website and the Services, if you respect for the following conditions. You recognize that the disregard of one of them establishes, of your part, a neglect on the present Conditions:
A. You make a commitment not to distribute all or any of the website, including, in particular, the Contributions (such as defined below), on any support, without the written prior authorization of RAIDLIGHT;
B. You must not to modify nor to alter any part of the website or one of the Services (including, in particular, the RAIDLIGHT Player and the associated technologies);
C. You must not to reach the Contributions (such as defined below) or to other available contents on the website (including the RAIDLIGHT Contents, such as defined below) with a different means or a different technology than the pages of video playback of the website, the RAIDLIGHT Player or other means which RAIDLIGHT can indicate explicitly;
D. You make a commitment not to tempt of, not to by-pass, not to deactivate or not to perturb in other way any function in the website connected to the security or any function ( i ) preventing or restricting the use or the copy of the Contributions or the RAIDLIGHT Contents or imposing limitations on the use of the website or the accessible contents on the website;
E. You make a commitment not to use the website or one of the Services (including the RAIDLIGHT Player) in a commercial purpose, without the written prior authorization of RAIDLIGHT. The prohibited commercial uses include, in particular: i. resale of the access to the website or one of the Services (such as the RAIDLIGHT Player) in another website in the main purpose to generate money by means of the advertising or subscription; and ii. redistribution of the Services (including the accessible Contributions via these Services) in the main purpose to generate money by means of an activity substantially comparable or similar to RAIDLIGHT; but do not include the load of an original video on RAIDLIGHT, the preservation of an original channel on the website with the aim of promoting a commercial or artistic activity, nor any use.
F. If you use the RAIDLIGHT player on your website, you have to include a link of visible return towards the website on pages containing the RAIDLIGHT Player and you cannot modify the RAIDLIGHT Player in any way;
G. If you use the RAIDLIGHT tool of Sending Contents, you accept that it can regularly download and install updates since RAIDLIGHT. These updates are conceived to improve, enrich and develop the RAIDLIGHT tool of Sending Contents. It can include the deletion of bugs, the enrichment of new features, the installation of new modules or new versions. You accept that your use of RAIDLIGHT tool of Sending Contents implies the reception and the installation of these updates.
H. You make a commitment not to use, nor to launch an automated system (including, in particular, any robot, spider or outstanding player with an access to the website) sending more requests to the RAIDLIGHT servers during a given period of time than a human being during the same period cannot reasonably produce it by using a standard Internet browser (not modified) available on the public;
I. You undertake not to collect personal data about users on the website or any Service (you recognize it includes the name of the RAIDLIGHT accounts);
J. You make a commitment not to use the website and the Services (including comments and E-mail functions on the website) to seek a commercial activity or having a link with a commercial company;
K. You undertake not to seek the users of the website about their Contributions for commercial purposes; and
L. You undertake not to reach users’ videos (such as defined below) for any reason other than a not commercial personal use, such as foreseen and authorized by the normal features of the Services and only in purposes of Streaming. “Streaming” indicates the simultaneous digital transmission of the equipment by RAIDLIGHT via Internet, on a device endowed with an access to Internet and managed by the user, in a way that the data are intended to be real time shown and not to be downloaded (whether it is in a permanent or temporary way), copied, stored or redistributed by the user.
6.2 You make a commitment to respect, at any time during the use of the Services, all other measures of the Conditions and Rules of the RAIDLIGHT Community.
6.3 RAIDLIGHT grants to the administrators of public search engines the authorization to use spiders to copy materials from the website in the only purpose to create indexes for consultation materials by the public, but not masks or archives of these materials. RAIDLIGHT reserves the right to revoke these exceptions or in a general way or in specific cases.
6.4 RAIDLIGHT innovates constantly with the aim of offering the best experience as possible for its users. You recognize and accept that the shape and the nature of the Services proposed by RAIDLIGHT can be modified from time to time, without preliminary announcement.
6.5 Within a permanent innovation, you recognize and accept that RAIDLIGHT can stop (in a permanent or temporary way) offering you the Services (or any function being a part of Services) as well as to the users, in its discretion, without advance notice. You can stop using the Services at any time. You are not anxious to inform specifically RAIDLIGHT when you stop using the Services.
6.6 You recognize that you are only responsible (and RAIDLIGHT has no responsibility to you or any third party) of any neglect in your obligations by virtue of the Conditions and the consequences of this neglect (including the loss and the damages undergone by RAIDLIGHT).
7. Copyright
7.1 RAIDLIGHT implements a clear policy of protection of copyright for all the Contributions with which it would be adduced that they violate the copyright of a third party. For example concerning the photographs, you are responsible for the on-line publishing of your photos: respect for the copyright: the fraudulent use of a work photo without the agreement of the author is liable to prosecution. This law or these laws are applicable to all the creations even if, naturally, they do not concern specially photography.
7.2 Within the policy of protection of the Raidlight’s copyright, RAIDLIGHT will close the access of a user to the website if this user is a recidivist counterfeiter. A recidivist counterfeiter is a user who has been informed on more than two occasions of an activity of forgery.
8. Your contributions
8.1 As holder of a RAIDLIGHT account, you can subject some video contents (“users’ videos”) and written contents (“users’ comments”) (collectively indicated "Contributions"). You recognize that RAIDLIGHT does not guarantee the confidentiality of the Contributions, published or not published.
8.2 You preserve all your intellectual property rights on your Contributions, but you are anxious to grant rights limited to RAIDLIGHT and to the other users of the website. These rights are described in the article number 10 of these Conditions (entitled “The rights you grant”).
8.3 You recognize and accept that you are only responsible for your own Contributions and for consequences of their display or for their publication. RAIDLIGHT guarantees for no Contribution or for opinion, for recommendation or for opinion expressed in these conditions and RAIDLIGHT declines expressly any responsibility in consideration of these Contributions.
8.4 You declare and guarantee that you have (and will continue to have during the use of the Services) all the rights, the licenses, the assents and necessary authorizations to allow RAIDLIGHT to use your Contributions with the aim of offering its Services and more generally in the conditions envisaged on the website and on the present Conditions.
9. Content of your contributions
9.1 You must respect your behavior on the website (and the contents of all your Contributions), respect the Rules of the RAIDLIGHT Community, such as regularly updated as well as any applicable international and local, national legislations and regulations. You commit to the fact that your behavior on the website (and the contents of all your Contributions) respect the Rules of the RAIDLIGHT Community.
9.2 You must not to load and not to post Contributions with a contents you are not legally authorized to possess in your country of residence or which RAIDLIGHT could not legally use or possess for its service.
9.3 You must not to load and to post Contributions on which third parties hold property rights (including the right of the respect for the private life and the right for the image), except when you obtained from the justifiable owner the authorization or the formal permission to post the equipment in cause and to grant to RAIDLIGHT the specified rights for the article 10.1 below.
9.4 RAIDLIGHT reserves the right (but has no obligation) to decide if the Contributions respect the relative requirements to the specified contents in the present Conditions and to delete any Contribution which would violate these Conditions and\or to end the access of a user for the needs of load of such a Contribution, at any time, without advance notice and in its entire discretion.
9.5 You also recognize that, by the simple fact of using the website and the Services, you can be exposed to inaccurate, shocking, indecent or reprehensible Contributions of quite other way. You are agree to give up and, by the present, you give up expressly all the rights and resort you hold or can hold, by virtue of law or equity, against RAIDLIGHT in consideration of the Contributions.
10. The rights you grant
10.1 When you load or post a Contribution on RAIDLIGHT, you grant:
A.to RAIDLIGHT, the not exclusive, transferable right (including the right to sub-dismiss), without financial counterpart and for the whole world to use, to reproduce, to distribute, to represent and to execute the Contributions with the service or in connection with the provision of the website and the activity of RAIDLIGHT and to create it derived works, including, without limitation, for the promotion and the redistribution of all or any of the website (and derived works which result from it), in any size and on any support;
B.to every user in the website the not exclusive, transferable right, without financial counterpart and for the whole world to reach your Contributions via the website and to use, to reproduce, to distribute, to represent, to execute the Contributions or to create it works diverted in the measure authorized by the features of the Web site and by the present Conditions.
10.2 The rights you grant above on users’ Videos stop when you remove or delete your users’ Videos of the website. The rights on users’ Comments granted above are perpetual and irrevocable, but without prejudice property rights which you keep according to provisions of the article 8.2 above.
11. RAIDLIGHT content on the website
11.1 Excepted the Contributions, other contents available on the website including, in particular, texts, softwares, scripts, graphics, photos, sounds, musics, videos and interactive functions on the website (“RAIDLIGHT Contents”) constitute Raidlight’s property or is granted to RAIDLIGHT under license; it is protected by the copyright, the brands’ right and all other intellectual property rights detained by RAIDLIGHT or its licensers. All the present brands of third party in the RAIDLIGHT Contents constitute brands detained by their respective owners.
11.2 The RAIDLIGHT Contents cannot be downloaded, copied, reproduced, distributed, passed on, diffused, posted, sold, granted under license or exploited by quite other way, without the preliminary agreement written by RAIDLIGHT or by its licensers. RAIDLIGHT reserves the right not expressly granted on the RAIDLIGHT Contents.
12. Links since RAIDLIGHT
12.1 The Services can contain hyperlinks pointing towards other websites which do not belong to RAIDLIGHT or are not checked by RAIDLIGHT. RAIDLIGHT exercises no control over the contents, the charters of protection of the particulars or the practices of the third sites and declines any responsibility in this respect.
12.2 You recognize and accept that RAIDLIGHT is not responsible for the availability of these sites and external resources and does not guarantee either for the advertising, for products or for the other materials appearing on these websites or external resources, or accessible since these websites.
12.3 You recognize and accept that RAIDLIGHT cannot be considered as responsible for any loss or damage you could undergo because of the provision of these sites or external resources or because of the confidence you grant as for the exhaustiveness, the exactness or the existence of any advertising, any product or the other material on these websites or resources, or accessible since these websites.
12.4 RAIDLIGHT encourages you to be watchful when you leave the website and to read the general conditions and the principles of particulars’ protection in the other websites you can visit.
13. Cessation of your relation with RAIDLIGHT
13.1 The present Conditions will continue to apply until their termination by you or by RAIDLIGHT in the conditions explained below.
13.2 If you wish to cancel your contract having compulsory strength with RAIDLIGHT, you can make it either ( a ) by announcement to RAIDLIGHT at any time, or ( b ) by closing your RAIDLIGHT account. Your announcement must be written and sent to the RAIDLIGHT address indicated at the head of these Conditions.
13.3 RAIDLIGHT can cancel at any time your contract if: A.you do not respect one of the measures of these Conditions (if you do not intend or whether you are in the incapacity to respect the measures of these Conditions); or B.RAIDLIGHT is forced to it by virtue of the law (for example, if the fact of supplying you the Services is or becomes illegal); or C.RAIDLIGHT gets ready to stop supplying the Services to the users in your country of residence or in the country you use the Services; or D.The provision of the RAIDLIGHT’s Services is not commercially viable any more from the RAIDLIGHT point of view.
13.4 From the termination of the Conditions, all the rights, the obligations and the responsibilities for you and RAIDLIGHT benefited or you and RAIDLIGHT are subjected (or accumulated in the time during all the duration of application of the Conditions) or who are foreseen to last infinitely, will not be affected by the aforementioned termination and provisions of the article 16.6 will continue to apply infinitely to these rights, obligations and responsibilities.
14. Exclusion from guarantees
14.1 No disposal of the present Conditions will affect the rights to which you can claim as consumer neither your right to refuse to modify them by contract nor your right to refuse to give up it contractually.
14.2 The Services are supplied and RAIDLIGHT makes no declaration, or grants no guarantee in this respect.
14.3 In particular RAIDLIGHT does not declare nor guarantee that: A.use of the Services will answer your needs, B.use of the Services will be continuous, convenient, secure or exempts from error, C.information you will have obtained by using the Services will be exact or reliable, and D.defects in the functioning or the features of any software, which will have been supplied to you within the Services, will be corrected.
14.4 Subject to guarantees expressly foreseen on the present Conditions, no condition, guaranteed or the other arrangement (including any implicit guarantee of satisfactory quality, suitability for a particular usage or correspondence to the description) applies to the Services.
15. Limitation of responsibility
15.1 No arrangement of the present Conditions can limit or exclude the responsibility of RAIDLIGHT in case of losses which cannot be excluded or limited by virtue of the applicable law.
15.2 Subject to the general arrangement of the article 15.1 above, RAIDLIGHT will not be responsible of: A.Any indirect or consecutive damage which could be caused to you, including any loss of profit (provoked directly or indirectly), any loss of clientele or commercial fame or any loss of data which you could undergo; B.Any loss or any damage which you could undergo because of: i.confidence granted to the exhaustiveness, the exactness or the existence of any advertising or resulting from any relation or transaction between you and the one some of the announcers or sponsors whose advertising appears in the Services; ii.Any change that RAIDLIGHT could bring to the Services or any temporary or definitive deletion in the service (or the functions proposed with the Services); iii.The deletion, the corruption or the defect of storage of Contributions and the other data of communication preserved or passed on through the use of the Services; iv.the defect of communication by you to RAIDLIGHT about the precise information concerning your account; v.your incapacity to preserve safely and confidentiality your password or the information of your RAIDLIGHT account.
15.3 The limitations of responsibility of RAIDLIGHT appearing in the article 15.2 will apply, even RAIDLIGHT was warned either or not of the eventuality of the emergence of losses he would know or not.
16. General arrangements
16.1 The present Conditions constitute the completeness of the agreement between you and RAIDLIGHT as for your use of the Services and replace in their entirety any previous agreements intervened between you and RAIDLIGHT in consideration of the Services.
16.2 You accept that RAIDLIGHT sends you announcements, including those modifying the present Conditions, by e-mail, by mail or by posting on the website.
16.3 You recognize that if RAIDLIGHT does not practice or does not exploit straight ahead or foreseen appeal to the present Conditions (or from which RAIDLIGHT can benefit by virtue of any applicable law), it does not constitute a formal renunciation of RAIDLIGHT of its rights, and these rights and appeals will remain valid and applicable for RAIDLIGHT.
16.4 If one of the measures of these Conditions is judged null by any decision of a competent court, this one will be deleted without affecting the other measures of the Conditions. The remaining measures will remain valid and applicable.
16.5 You recognize and accept that every member of the group of companies to which belongs RAIDLIGHT is considered as a third beneficiary of the Conditions and that these other companies are authorized to exploit directly and to base themselves on the measures of these Conditions from which they benefit. With the exception of what is clarified here, no other person or company will be considered as a third beneficiary of the present Conditions.
16.6 The present Conditions and your relation with RAIDLIGHT by virtue of these Conditions are governed by the French law. You accept with RAIDLIGHT to submit yourselves to the exclusive competence of the English courts in case of dispute resulting from these Conditions. In spite of what precedes, you recognize that RAIDLIGHT can seek conservation measures (either any emergency measure or order amounts) with the jurisdictions of any country.