PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE EOLEMENTHE© PORTAL. BY USING THIS PORTAL, YOU AGREE TO BE BOUND BY THE STIPULATIONS OF THESE TERMS OF USE. IF YOU DISAGREE WITH THESE TERMS, DO NOT USE THIS PORTAL, AND WHEN YOU ARE OFFERED THE OPTIONS “ACCEPT” OR “DO NOT ACCEPT”, CLICK ON “DO NOT ACCEPT”.
IMPORTANT NOTE: As this portal can be used to download data, right of access is granted to you solely for the download of data that is not copyright, for which you hold the copyright or for which you have the legal authority required to copy it. If you are uncertain about your right to reproduce the data, it is recommended that you seek advice from a competent source.

ARTICLE 1: VIDEOMENTHE’S RESPONSIBILITY AND LIMITS OF ITS LIABILITY
ARTICLE 1-1:   RESPONSIBILITY
Within the context of use of the Service, access to the Eolementhe© portal and to the processing blocks and management of content storage are the responsibility of VIDEOMENTHE, which will comply with the specifications agreed with and approved by the User.
Compensation to be paid by VIDEOMENTHE in the event of a failure of the Service as a result of a fault on its part shall be limited to definite, direct, personal loss arising from the failure in question, to the specific exclusion of any indirect loss, including but not limited to loss of business, loss of orders, damage to brand image, disruption of business of any kind, loss of profits or of Users (for example, inappropriate disclosure of confidential information concerning them as a result of system malfunction or hacking, action by a third party against the User, etc.). 
Article 1-2: LIMITS OF LIABILITY
VIDEOMENTHE shall not be liable for any improper or fraudulent use of passwords generated by the User. The submission of passwords is considered to be confidential. Any suspected instance of the disclosure of passwords, whether intentional or otherwise, is the responsibility of the User alone.
VIDEOMENTHE does not accept any liability in the event that use of the Service by the User results in billing by a third-party provider falling outside the framework of these terms of use.
It is not VIDEOMENTHE’s task to be acquainted with the nature of the data stored by the User. To this effect, VIDEOMENTHE accepts no responsibility with regard to the data that may be stored, transferred or exchanged through the use of its Service.
Under no circumstances can VIDEOMENTHE be held responsible for the loss or deterioration of the data of a User accessing its storage space. Nor does VIDEOMENTHE accept any liability for the dissemination of data stored by the User.
VIDEOMENTHE shall not be liable:
- If the implementation of the contract or any obligation incumbent upon VIDEOMENTHE under the aforementioned terms and conditions is hindered, restricted or disrupted as a result of force majeure (notably fire, explosion, failure of the communications networks, breakdown of equipment, epidemic, earthquake, flood, power outage, war, embargo, law, injunction, any government order or requirement, strike, boycott, withdrawal of the telecom provider’s permit or other circumstances beyond the reasonable control of VIDEOMENTHE). In this event, VIDEOMENTHE shall be released from the requirement to fulfil its obligations within the context of this hindrance, restriction or disruption, subject to prompt notification of the User. Users shall likewise be released from the requirement to fulfil their obligations in so far as this party’s obligations apply to the implementation thus hindered, restricted or disrupted, subject to the affected party doing its utmost to avoid or alleviate the causes of such a breach and the two parties moving forward promptly once such causes have ceased or been eliminated. The party affected by the case of force majeure must keep the other party regularly updated by email of the prospects for ending or for recovery from the situation of force majeure.
- Whether due to the User or a Third Party, notably in the following cases:
• Deterioration of the software, misuse of the Service by the User or by the Users given access to its storage space, fault, negligence, omission or failing on its part, failure to follow advice given,
• Improper disclosure or use of the IDs and passwords created by the User,
• Fault, negligence or omission by a third party over which VIDEOMENTHE has no control or the authority to monitor,
• Any order for the temporary or permanent discontinuation of the Service issued by an appropriate administrative or judicial authority, or notification by a third-party copyright owner 
• Partial or complete destruction of information transferred or stored, after errors directly or indirectly attributable to the User
• Complete or partial breach of an obligation and/or failure on the part of operators of networks providing Internet access and in particular the User’s Internet provider or providers.
 • The improper disclosure or use of content uploaded onto the software

ARTICLE 2: THE USER’S OBLIGATIONS
• The User gives assurances of having the power, the authority and the capacity required to enter into and fulfil the obligations stipulated herein.
• Users undertake to inform VIDEOMENTHE within 48 hours of any change in their situation, and within 24 hours of any possible loss of passwords.
• When contacting VIDEOMENTHE, Users undertake to state their requirements clearly, in accordance with the rules of use. 
• Users undertake to comply with all of the current legal and regulatory requirements, particularly those pertaining to electronic data storage and protection, civil liberties, and intellectual property, as well as the rights of third parties (the right to control one’s own image, the right to personal privacy, etc.), and to this end undertake to ensure that the data stored by them or by authorized Users complies with these provisions.

ARTICLE 3: RESPONSIBILITY OF THE USER
Users are completely and solely responsible for the passwords required to use their Service.
Users remain the sole owner of the data and files they transfer and/or store using the Service.
Users take full responsibility for the sharing of files stored using their Service.
The Users alone shall be liable for the consequences of any failure of the service following any use by themselves, their associates or any person to whom they have given their password or passwords, whether intentionally or otherwise.
Any User making use of, storing and/or sharing content likely to pose a threat to public order or morals, that incites racial hatred, is negationist, revisionist, violent, obscene, defamatory, contains bestiality, child pornography, pornography, etc., bears the full liability for it, whatever that may be. VIDEOMENTHE cannot be held responsible for the dissemination of such content by whatever method that may be used. 
Users guarantee compliance with the commitments given herein by parties to whom they give access to their storage space. They therefore accept full civil and criminal liability for the content, comment and other information featured in the content, claims by third parties and actions to which they give rise, particularly but not exclusively in the spheres of intellectual property, personal rights and the protection of minors.
Failure by the User to comply with the points noted above and in particular any activity likely to involve civil and/or criminal liability will give VIDEOMENTHE the right to disconnect and/or suspend the User’s services immediately, and without prior warning, without prejudice to the right to any damages which VIDEOMENTHE might seek.
The User undertakes to settle directly with the claimant any amount that party might demand from VIDEOMENTHE. The User furthermore pledges to intervene when so requested by VIDEOMENTHE in any claim made against the Company and to safeguard VIDEOMENTHE against any rulings made against it in such cases. The User consequently undertakes to assume personal responsibility for any claim and/or proceedings of whatever type, kind or nature that might be brought against VIDEOMENTHE and which fall under the obligations incumbent upon the User under these general terms of use.    

ARTICLE 4: PUBLICATION OF CONTENT
In order to make use of the feature enabling content to be published, the Eolementhe© account must be activated in accordance with the provisions of Article 2, above. The User, having read and accepted Eolementhe’s general terms of use, will then be invited to use the Eolementhe portal. 
Following validation of this step, Users may send content of their choice to their partners.
VIDEOMENTHE reserves the right to suspend without prior notice any publication of content that is subject to an administrative, regulatory or legal order or notification. This is also applicable in the event that the files supplied pose a security risk (malware etc.). 
Indexing of content published by third parties is strictly prohibited; VIDEOMENTHE reserves the right to take any technical or legal measure required to put a stop to such actions.

ARTICLE 5: PERSONAL DATA
Electronic data provided by the User and all documents of any kind generated as a result of processing them via the EOLEMENTHE platform remain the property of the User.
The data held on these data storage devices and contained in the documents is strictly covered by professional secrecy provisions (Article 226- 13 of the Penal Code). In accordance with Articles 34 and 35 of the law of 6 January 1978, amended in relation to electronic data storage and protection and civil liberties, VIDEOMENTHE undertakes to take all appropriate precautions to safeguard the security of the data and in particular to prevent it from being manipulated, damaged or disclosed to unauthorized persons.
VIDEOMENTHE reminds the User that within the framework of the Service, VIDEOMENTHE will be required to retain a body of personal data in order to comply with its regulatory and legal obligations. To this end, information such as surname, first name, email address and IP connection addresses will be kept by VIDEOMENTHE for the duration of the contractual relationship and for up to 12 months following the expiry of the Service.
The data provided by the User is retained for the statutory period applicable to the requirement to produce evidence. VIDEOMENTHE shall refrain from any disclosure or sale of personal data pertaining to the User, except where otherwise indicated under the conditions specified. Only subsidiaries of VIDEOMENTHE will have access to it.
Users have the right to access and rectify information pertaining to them in accordance with the “electronic data protection and civil liberties” law of 6 January 1978. They may exercise this right and obtain access to information pertaining to them by writing to the following email address: contact@videomenthe.fr or by post to: VIDEOMENTHE SAS, 650 rue Louis Lépine, 34000 MONTPELLIER.
Users are furthermore completely and solely responsible for compliance with all of the regulations arising from the electronic data protection and civil liberties law. To this end, in their capacity as the party responsible for dealing with any personal data that they may be required to handle within the context of use of the Service, Users undertake to make any appropriate applications to the CNIL (National Commission for Data Protection and Civil Liberties) to guarantee the data security of the persons concerned.

 ARTICLE 6: SECURITY AND CONFIDENTIALITY
VIDEOMENTHE undertakes to implement all of the measures required to guarantee the security of the User’s data.
VIDEOMENTHE expresses its commitment to comply in full with the following obligations and to ensure that its staff comply with them, notably:
- Not to make any copies of the documents or information provided via other formats or media, with the exception of those required for the purpose of providing its service, to which this current contract applies;
- Not to use the documents or information processed for any purposes other than those specified in this current contract;
- Not to disclose these documents or data to other parties, whether they be private or public, natural or legal entities; 
- To take whatever measures are required to prevent any improper or fraudulent use of the electronic data during the process of implementing the contract;
- To take whatever measures are required, notably physical security measures, to guarantee the safekeeping of the documents and data processed for the duration of this current contract, and to delete all data provided by the User on termination of the contract.
VIDEOMENTHE undertakes to adopt all of the technical measures required to safeguard the confidentiality of the User’s data. The data stored using the Service shall be strictly partitioned in such a way that it can only be accessed by the User and his/her/its partners, and under no circumstances by another User of Eolementhe’s services. Each User account must also be strictly partitioned and must under no circumstances be accessible to another User of Eolementhe’s service.
VIDEOMENTHE undertakes not to process the User’s data beyond the facility to copy storage space content within the Eolementhe© infrastructure, for the sole purpose of guaranteeing back-up and redundancy of the Service in the event of possible failure.

ARTICLE 7: TECHNICAL SUPPORT
VIDEOMENTHE provides a technical support service for the User, accessible by email: support@videomenthe.fr or by phone: +33 (0)4 67 17 41 56, Monday to Friday, from 1000 to 1800. The User may also refer to the Documentation pertaining to the Service. 

ARTICLE 8: TERMINATION, RESTRICTION AND SUSPENSION OF SERVICE
VIDEOMENTHE reserves the right to suspend the service to the User if this service constitutes a risk in terms of maintaining the security or stability of VIDEOMENTHE’s hosting platform. As far as possible, VIDEOMENTHE will give the User advance notice of this.
 VIDEOMENTHE is, furthermore, fully within its rights to restrict, limit or suspend the service to the User after providing advance warning by email:
- If the User appears to be making use of the services provided for the purpose of any activity of any kind that is not in accordance with the general terms of use;
- If the contact information provided for the User Account appears to be false, inaccurate or out of date.
In the event that VIDEOMENTHE is notified that it should do so by a relevant administrative, arbitration or judicial authority, in accordance with relevant applicable legislation, or by a third party, when the nature of the use reported appears to be improper or might constitute grounds for liability on the part of VIDEOMENTHE, in which case VIDEOMENTHE will be within its full rights to restrict, limit or suspend the service to the User, without advance notice.  
VIDEOMENTHE reserves the right to suspend the service in order to carry out technical work, should it be required, for the purpose of improving its efficiency or for any kind of maintenance work.

ARTICLE 9: OPERATING CONDITIONS
The User acknowledges herein that fluctuations in the bandwidth and problems experienced by the Internet provider or providers are factors that may result in disruption of the service provided by the VIDEOMENTHE company and are beyond its technical control. 

ARTICLE 10: USER INFORMATION AND SUITABILITY OF SERVICE PROVIDED
Users acknowledge that they have verified that the Service meets their needs and that they have received all of the information and advice they need from VIDEOMENTHE to be able to enter into this agreement with full knowledge of the facts.
Users acknowledge that they have been informed of the fact that VIDEOMENTHE may carry out monitoring to check that the use made of the Service by the User is appropriate and in this context to check the nature of the data transferred, stored or exchanged by the User. 
In this instance, if inappropriate content is identified by VIDEOMENTHE, the User’s Service will be discontinued immediately and terminated automatically, without any possibility of compensation of any kind. 
While VIDEOMENTHE will take every possible measure of protection required in managing its infrastructure within the framework of the Service, it is the Users’ responsibility to take every measure necessary to safeguard their data and that of the Users authorized to access their storage space. VIDEOMENTHE reserves the right to monitor compliance with the terms of use of the service in the event of any loss, damage or deterioration of data entrusted to it, whatever the cause, including any not expressly mentioned herein.  

I have read and accept the stipulations of Eolementhe’s© general terms and conditions of use
I do not accept the stipulations of Eolementhe’s© general terms and conditions of use

Copyright Videomenthe - 2016