Terms and Conditions
Maestro Corporation (hereinafter “Live Arena”), live-arena.be website publisher provides users with the opportunity to create, manage and participate in one or more weblogs or blogs, participate in online debates, comment on editorial articles, participate in chats, and develop collaborative content.
Live Arena also provides internet users with the opportunity to post, on a dedicated participatory platform, photographs and videos related to a news event that, after being validated by Live Arena, can be published by Live Arena on its website and mobile service.
These services which evolve over time are called “Interactive Services” by the present terms and conditions of use. The latter are all fully subject to these terms and conditions of use, to which will be added, if necessary, the special conditions applicable to one Interactive Service or the other. For the purposes of these terms and conditions of use, the Internet user who performs one of the acts detailed in the “Contents” section of this document is called “Subscriber” or “Registered User”.
- ACCEPTANCE OF THE TERMS AND CONDITIONS
The use of one or more Interactive Services made available on the site live-arena.be constitutes the acceptance of the present terms and conditions of use.
Each registered user is informed of the possibility for Live Arena to modify them in whole or in part at any time without prior notice and without prior or subsequent information and that the changes in question will come into force on their date of publication on the live-arena.be website to the conditions for publication of the amended terms and conditions of use.
Consequently, all the Interactive Services covered by the previous terms and conditions will be immediately submitted to the said modifications as of this date.
Changes to the terms and conditions shall be deemed to be accepted under the same conditions as the modified terms and conditions.
- ENTITLEMENTS AND OBLIGATIONS OF SUBSCRIBERS
3.1. Prerequisites for use
Subscribers must, upon initial use of the Interactive Services, while commenting on an article, subscribing to a blog, or prior to sending a video or photo related to a current event, submit on-line to Live Arena, at the location reserved for that purpose, the personal details requested and agree that they are accurate, correct and complete and also agree to submit any updates on these details to Live Arena.
If Live Arena believes that all or part of the information provided by a Subscriber is erroneous, inaccurate, indiscriminate or incomplete, Live Arena may, on its own initiative, without prior notice and without informing the relevant Subscriber, block access to all or part of his Content within the meaning of the present terms and conditions.
In no event, shall the Subscribed user be liable to Live Arena for any reason. Live Arena expressly reserves the use of the Interactive Services offered to Internet users aged thirteen and older and may further restrict access to some of the Interactive Services by stating that their use is reserved for Internet users of a higher age.
All Subscribers agree to keep all passwords and identifiers assigned to them by Live Arena in connection with the use of the Interactive Services strictly confidential.
In particular, he agrees not to transmit to any third party, including his family circle, any of his passwords and identifiers and accepts, in addition, to bear all the responsibility that would arise from the “Use of these passwords and identifiers under conditions identical to those that would prevail if he used these. The Subscribed user is furthermore informed that he has the possibility to modify his usernames and passwords at any time on the live-arena.be site.
Any information, text, image, animated or not, data, sound, multimedia file, page structure, code, function, navigation element, hyperlink, domain name or any other contribution such as an offer to sell or rent any object, good or service is called together or separately “Content” by these terms and conditions.
The Subscriber who submits, distributes, publishes, edits, makes available, shares or otherwise discloses any Content whatsoever and in any manner whatsoever, through the Interactive Services, guarantees that they have a right to do so and that the Content is not of such a nature as to violate the rights to the image or privacy of persons as referred to in Article 9 of the Civil Code, violate or disregard property rights Intellectual and/or industrial rights of any third party are not likely to constitute one of the offenses provided for and repressed by the law of July 29, 1881 on the freedom of the press, or are not likely to constitute an infringement on the presumption of innocence referred to in article 9-1 of the Civil Code.
The Subscriber also refrains from distributing, publishing, editing, making available, sharing or otherwise disclosing any Content that would constitute the offenses provided for and expressed in articles 225-4-1 et seq. of the Penal Code, notably with respect to the treatment of minors or adults, pimping and related offenses and the prostitution of minors. The Subscriber shall also refrain from creating, recording or submitting the pornographic image or the representation of a minor for the purpose of its distribution, or making it available and sharing it by any means whatsoever.
More broadly, the Subscriber refrains from all the above acts, still referred to as acts of use herein, relating to pornographic or indecent Content in all cases where minors are likely to have access.
In addition, the Subscriber shall refrain from all acts referred to above that relate to Content that may constitute direct or indirect advertising in favor of tobacco, alcohol or any substance of which the use of or marketing of which are either limited or prohibited in France.
In addition, the Subscriber shall refrain from any acts defined above that relate to a message that may be qualified as commercial advertising or the promotion of products or services, whether such advertising or promotion is for his benefit or for the benefit of any third party whatsoever.
It is emphasized that all the above limitations apply, regardless of the Interactive Service in question, and regardless of the recipients, voluntary or not, of this Content and regardless of their number and quality.
In addition, by using any of the Interactive Services subject to the terms and conditions of use, the Subscriber is presumed to have irrefragably have agreed that any Content he creates is reproduced by live-arena.be, any other Subscriber and the users accessing the site without limitation of the duration and solely for the purpose of creating, managing and administering the interactive services by Live Arena or by using one or more Interactive Services or simply consulting the Live Arena site.
Finally, by using the dedicated participative platform, the Subscriber grants to Live Arena, on a non-exclusive, free basis, for the whole world and for the website live-arena.be, and the Live Arena mobile service, a license to use the rights of representation, reproduction and adaptation that it holds in the photograph or on the videogram posted on the platform.
The license mentioned above will be concluded on the date of sending to the Registered by Live Arena of an e-mail informing the latter of the validation by Live Arena of the photograph or the videogram and its distribution on one or several of the platforms referred to above.
3.4. Properties of Live Arena
The live-arena.be website, the brand and the Live Arena logo, the graphic style of the live-arena.be site, the Interactive Services and the Interactive Services platform covered by these terms and conditions are the exclusive property of Live Arena, which holds all applicable intellectual and industrial property rights. All the technical processes and in particular the software implemented for the operation of the Interactive Services constitute the sole and exclusive property of Live Arena and the Subscriber agrees to fully respect the rights of the latter.
In this respect, he acknowledges that he is not a transferee of any right other than to use the technical means made available to him by Live Arena to use one of the Interactive Services. The Subscriber is aware that he is not authorized to reverse engineer all or part of the Interactive Services and in particular the implemented software, neither to compile or disassemble the software, nor to modify or supplement any or all of the proposed Interactive Services.
3.5. Other commitments
The Subscriber shall refrain from using any false, fanciful or third party identity when using the Interactive Services.
Each Subscriber agrees not to perform any act whatsoever with the use of the Interactive Services which may limit, prohibit or disturb in any way whatsoever, and even temporarily, the normal use of the Interactive Services by any other subscriber and the consultation of the live-arena.be site by the other Internet users. The above provisions include all viruses, worms or Trojan horses but also any act whatsoever that may partially or totally block all or part of the operation of the interactive services and the website or degrade the content of another Subscriber in any way.
Each Subscriber is also forbidden to send any “spam”, any electronic mail chain or “snowball” type.
It is also forbidden to manipulate identifiers and passwords in order to conceal the real origin of any Content.
Each Subscriber is also prohibited from collecting, exploiting or extracting any Content in order to constitute the same or similar database or service of the Interactive Services.
Each Subscriber is informed that the live-arena.be site and all of the Interactive Services as well as everything formed by the Interactive Services offered constitute a database within the meaning of Article L.112-3 of the Code of Intellectual Property protected as such in accordance with the provisions of said Code.
The Subscriber also refrains from accessing the content of another Subscriber in any way without authorization, from modifying it in any way or from commenting on it when the comment is not allowed by The Interactive Service in question.
Each Subscriber shall also be responsible for using the Interactive Services in such a way as never to undermine the image or reputation of Live Arena.
The Subscriber guarantees Live Arena against any and all claims, including any other subscriber, for any Content that may be attributable to it in accordance with these Terms and Conditions and, in particular, agrees to bear the cost of all convictions which would be imposed on Live Arena, as well as any costs incurred by the latter in making its defense.
If necessary, the Subscriber agrees to voluntarily intervene in the proceedings against Live Arena and provide his guarantee.
It is expressly mentioned that the Subscriber’s exclusive liability on the Content and the guarantee resulting therefrom in favor of Live Arena will be liable to be implemented even if the access to the Content in question has been limited or restricted by the Subscriber under the conditions he has determined himself.
In addition, this liability and this guarantee will also be due by the Subscriber in the event that the restricted Content in question has seen its access expanded outside the will of the Subscriber and subsequently an error attributable to Live Arena.
Each Subscriber user shall promptly inform Live Arena of any fact or conduct which appears to him to be likely to result in the suspension, disruption or interruption, in whole or in part, of the Interactive Services, or would be addressed by any third party contesting the conformity of a Content with all the applicable regulations and in particular the texts referred to in the article “Rights and obligations of the Subscriber” mentioned above.
- RIGHTS AND OBLIGATIONS OF LIVE ARENA
Live Arena agrees to comply with all the applicable provisions applicable arising from the law of 6 January 1978, known as Data Protection, as amended by the law of 6 August 2004. Each Subscriber and every internet user is informed of his rights as such by special notes appearing on the page or pages of the live-arena.be website which he views or uses the Interactive Services covered by these Terms and Conditions.
In addition, each Subscriber is informed that article 6 of the law of June 21, 2004 may compel Live Arena to submit all information in its possession concerning the identity of any Subscriber.
Live Arena is entitled to, and shall not be liable for, any modification or discontinuance of any or all of the Interactive Services, or any combination of them, limiting the ability of any of the Subscribers to create or participate in one or more Interactive Services in such a way as to avoid any misuse of said services, to eliminate all or part of any Content as a result of a request based on Article 6 of the Law of 21 June 2004, or to make access to this Content impossible, whatever the merits of the request and even in case of dispute by the subscriber – and even if this suppression or this impossibility of access also prevents the Subscriber access to his own Content, either temporarily or permanently.
Live Arena is also entitled, if it so wishes, to spontaneously and without prior request of a third party, remove or render access to all or part of a Content impossible without prior notice or prior information provided to the Subscriber before or after one of the acts referred to in the paragraph “Content”. This intervention by Live Arena may intervene before the Subscriber uses one of the Interactive Services for the first time and may intervene afterwards if not.
The Subscriber then refrains from turning against Live Arena regardless of the consequences and from presenting any claim whatsoever. The Subscriber is informed that the 20 Minute claims of the services provided hereunder consist solely of providing the possibility for any Internet user to participate in or create one or more Interactive Services but without ever being responsible for all or part of the Content nor susceptible to see their liability incurred in this respect, with respect to any third party, Internet user or any Subscriber.
Live Arena shall not be held liable and shall not suffer any consequence as a result of the publication, distribution, disclosure or any other event enlarging the circle of the recipients or the audience of Content that the Subscriber wanted to limit, even if such extension or disclosure arises from error or misconduct on its part.
Live Arena is not liable for any consequences arising from the possible degraded or defective operation of the Interactive Services or the technical means used, the total or partial unavailability, whatever its duration, of all or part of the Interactive Services or access to the live-arena.be website in the event of any modification, degradation, alteration or loss of any or all the Content.
The Subscriber acknowledges and agrees that 20 Minutes does not assume and bears no responsibility for the Content and agrees to ensure Live Arena under the conditions set forth in the article “Rights and obligations of the Subscriber” of the present terms and conditions.
Interactive Services are provided by Live Arena without any guarantee of duration and Live Arena expressly reserves the right to no longer offer one or more of the Interactive Services, without prior notice and without cause. Furthermore, Live Arena provides no guarantee to Subscribers and Internet users regarding the accuracy or reliability of the Content and makes no commitment to provide interactive services in an uninterrupted, fast, secure or fully compatible manner with the hardware and software of the Subscriber’s Content.
Live Arena does not provide Subscribers or Internet users any technical service, advice or support in the use of any of the Interactive Services that are provided “as is” and without any other commitment by Live Arena other than those expressly provided by present terms.
In addition, registered Internet users are informed and accept that Live Arena has the option to set up wherever and whenever it wishes any kind of commercial advertising in accordance with the applicable regulations on one or several of the Interactive Services without such implementation being able to cause any complaint whatsoever by the Subscriber.
4.1. Data collected by Facebook
The Data collected by Live Arena include those that Internet users registered on Facebook voluntarily agree to submit when using the Live Arena Facebook page and the events created by Live Arena. The data collected and later processed by Live Arena include the username, first name, last name, and e-mail address.
- GOVERNING LAW
These Terms and Conditions govern the relationship between Live Arena and Subscribers on the day of their posting and are subject in all their provisions to the French law.
- CHANGE TO THE TERMS AND CONDITIONS
Live Arena reserves the right to modify these Terms and Conditions at any time. Live Arena reserves the right to modify and / or stop offering all or part of the Services at any time at its discretion.
Any Internet user using the Services after the entry into force of the amended Terms and Conditions shall be deemed to have accepted these modifications which shall be fully applicable to him.
- EFFECTIVE DATE
These Terms and Conditions came into force on Monday, June 27, 2016