Terms and conditions of use General conditions
17 min
Mobile, Web, Information, Application, Services
Published on 2022/01/23 09:26 PM

Preamble

The thoughts-box.com website, including all mobile applications connected to it and any services offered through it, are owned and operated by LOGIRAM PERSPECTIVES. These terms and conditions of use set forth the terms and conditions under which visitors, users or customers may visit and use the thoughts-box.com website and/or the services offered therein.

By accessing or using the services offered by the thoughts-box.com website, the user acknowledges having read these terms and conditions, agrees to them without reservation, and agrees to be bound by them. When registering or creating an account on the thoughts-box.com website, each user expressly accepts these terms and conditions by checking the box before the following text: "I acknowledge that I have read and unconditionally accept the terms and conditions". Any registration or use of the thoughts-box.com website implies that the user accepts these terms and conditions without any reservation or restriction. Any user who does not agree to these terms and conditions in their entirety may not access thoughts-box.com or use any of its services.

Users of thoughts-box.com and/or LOGIRAM PERSPECTIVES customers are advised to read these terms and conditions carefully before accessing or using the site or its services, or subscribing to any of the offers offered therein.

To use thoughts-box.com and/or its services, users of thoughts-box.com must be of legal age in their country and have the legal authority, right and power to sign these terms and conditions as a binding agreement. Users of the thoughts-box.com website are not permitted to use the website and/or its services in the event that it is prohibited in their country, or by any law or regulation applicable to them.

The thoughts-box.com services are provided for all uses, whether personal or commercial, and their use requires that, regardless of such uses, users of thoughts-box.com comply with these terms and conditions and all applicable laws.

Except as expressly permitted by these terms and conditions, users of thoughts-box.com shall not use its services in any illegal or fraudulent manner, including violating the rights of any third party, or for any such purpose, to collect personally identifiable information or to impersonate other users, modify or use any copyright, trademark or other proprietary notices of LOGIRAM PERSPECTIVES, or interfere with the security features of its services, or use them in any way to manipulate, distort, or impair the integrity and accuracy of any content, or take any action to interfere with, damage, or disrupt any part of these services, or use them to send, receive, upload/post any material that does not conform to the content standards imposed by LOGIRAM PERSPECTIVES, nor use its services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional materials, nor use its services to transmit data, or upload to its services data, that contain viruses, Trojan horses worms, time bombs, keyloggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, use any robot, spider, other automatic device or manual process to monitor or copy the thoughts-box.com, other web pages or the content of its services, or use network monitoring software to determine the architecture of its services or extract usage data, engage in any conduct that restricts or inhibits any other user from using or enjoying the services provided by thoughts-box.com. Any user of thoughts-box.com or customer of LOGIRAM PERSPECTIVES hereby agrees to cooperate fully with LOGIRAM PERSPECTIVES to investigate any suspected or actual activity that violates these terms and conditions.

LOGIRAM PERSPECTIVES authorizes its customers and users of the thoughts-box.com website to download and print these terms and conditions if they deem it necessary.

These terms and conditions are provided in the French language. In case of discrepancy between the French version of this document and any of its translations, the French version shall prevail.

ARTICLE I - Legal notice

The legal notices of the thoughts-box.com website are available by clicking on the link below. In accordance with article 6 of the French law n° 2004-575 of June 21, 2004 for confidence in the digital economy, the identity of the various parties involved in the creation and follow-up of the site is specified on this page.

Legal mentions of the thoughts-box.com website

ARTICLE II - Access to the website, navigation and registration

The thoughts-box.com website allows its users free access to a set of suggestion services classified in various categories corresponding to amenities or leisure activities. These suggestions include, but are not necessarily limited to, places, literary or audiovisual works, events of various kinds, everyday consumer goods or cooking recipes.

The thoughts-box.com website is accessible free of charge from any location to any user with internet access. All costs necessary for accessing the services, such as hardware, software and internet connection, are at the user's expense.

The thoughts-box.com website aims to provide its users with ideas of places of a practical or tourist nature as well as their location and the route to get there, depending on the type of service they are looking for, but also ideas of events to attend or products to buy. It is also intended to allow them to add private ratings or give a public score and post a review for a significant portion of the suggestions made, but also to view the scores and reviews posted by other users to supplement the information provided as part of our services and to assist in their decision making.

Registration on the thoughts-box.com website is free and open to all legal entities or individuals of legal age and enjoying their full personality and legal capacity. LOGIRAM PERSPECTIVES reserves the right to request proof of age by any means. By agreeing to register and create an account associated with the user, the user must complete all required fields and agrees to provide truthful and accurate information regarding his/her marital status or contact information, including, but not limited to, mailing address, email address, and telephone number. The user is then solely responsible for updating the information provided. It is specified to him that he can modify them at any time by connecting to his personal space. Each user, whether a legal entity or an individual, can only have one account on the thoughts-box.com website. In order to access the services through the graphical interface provided by the site, the user must identify himself with his username and password that he will have chosen when registering.

In the event of non-compliance with these terms and conditions of use, in particular the creation of several accounts for a single person or the provision of false information, LOGIRAM PERSPECTIVES reserves the right to suspend or even close the account(s) of an offending user within 48 hours after a formal notice sent by electronic means and remained without effect. Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the user concerned as well as the definitive loss of all benefits and services acquired by the latter on the thoughts-box.com website. In case of deletion of an account by LOGIRAM PERSPECTIVES for failure to comply with the duties and obligations stated in these terms and conditions of use, the offending user is strictly forbidden to re-register on thoughts-box.com directly, through another e-mail address or through an intermediary without the express authorization of LOGIRAM PERSPECTIVES.

ARTICLE III - Personal data and privacy policy

Data collected and processed and mode of collection of data

LOGIRAM PERSPECTIVES ensures an appropriate level of security proportionate to the risks incurred as well as to their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016, although these measures cannot, under any circumstances, constitute an absolute guarantee.

In accordance with the provisions set out in Article 5 of the European Regulation 2016/679, the collection and processing of thoughts-box.com users' data complies with the principles of lawfulness, fairness and transparency. Data is only collected and processed with the consent of the user who owns it. Whenever personal data is collected on the thoughts-box.com website, the user will be informed that his/her data is being collected and for what purpose. The principles of limited purposes, limited storage period, minimization of their collection and processing and integrity and confidentiality of the data collected and processed are an integral part of the process of collecting and processing personal data of users and customers. Thus, LOGIRAM PERSPECTIVES guarantees to the latter that the collection and processing of data is carried out to meet one or more objectives determined in the present general terms of use, that only the data necessary for the proper execution of the objectives pursued by the thoughts-box.com site are collected and that the latter are kept only for a limited period of time, of which the user is informed as soon as it is possible for LOGIRAM PERSPECTIVES to communicate this information. LOGIRAM PERSPECTIVES is also committed to guaranteeing the integrity and confidentiality of the data collected from its customers and users of the thoughts-box.com site.

In order to be lawful, and in accordance with the requirements of Article 6 of the European Regulation 2016/679, the collection and processing of personal data may only take place if the user has expressly consented to their processing, or if the processing is necessary for the proper performance of a contract, or if it meets a legal obligation, or if it is explained by a necessity linked to the safeguarding of the vital interests of the person concerned or of another natural person or to the execution of a mission of public interest or which comes under the exercise of public authority, or if it is necessary for the purposes of the legitimate and private interests pursued by the person in charge of the treatment or by a third party. LOGIRAM PERSPECTIVES guarantees to the users of thoughts-box.com and to its customers that at least one of the conditions listed above will be met for each feature or case provided by thoughts-box.com leading to the collection and processing of their personal data.

The personal data collected on the thoughts-box.com website are the title, first name, last name and e-mail address. The user or customer can also add a profile picture associated with his or her account if he or she wishes. This photo will be used, in association with the username that he or she will have entered in his or her personal space, when displaying the public content that he or she will have added, in particular comments, ratings and reviews.

All or part of this data is collected in particular when the user or customer uses our contact form to communicate a suggestion or make a request, when he registers and creates an account on the thoughts-box.com website, when he completes his personal information on his profile or updates his account.

LOGIRAM PERSPECTIVES will keep in the computer systems dedicated to the hosting of the thoughts-box.com website or in its own computer systems, under reasonable security conditions, all the data collected from its users or customers for an indefinite period of time, unless the user or customer expressly requests their deletion. The collection and processing of this data is for the purpose of identifying customers and users, communicating offers, news from thoughts-box.com and updates to their accounts.

User's rights and procedures for exercising user's rights

In accordance with the regulations concerning the processing of personal data, the user has the rights listed below.

In accordance with the French Data Protection Act of January 6, 1978, the user of the thoughts-box.com website has the right to access, rectify, delete and object to his personal data. He can exercise this right by sending an e-mail to contact@thoughts-box.com, by post or by using the contact form on the thoughts-box.com website. If he/she has one, he/she is also granted the right to request the deletion of his/her personal space as well as the portability of his/her personal data, held by the thoughts-box.com website, to another website owned, managed and administered by LOGIRAM PERSPECTIVES, by any of the means listed above.

In order for LOGIRAM PERSPECTIVES to comply with the request, the user is required to provide his/her first and last name, e-mail address, and if relevant, account number or personal space number. In the case of such a request, LOGIRAM PERSPECTIVES will be obliged to reply to the user within 30 (thirty) days maximum.

LOGIRAM PERSPECTIVES may have recourse to third party companies to carry out certain operations or to deliver certain services offered by the thoughts-box.com website. By browsing thoughts-box.com, and by using its services, the customer accepts that third party companies may have access to his/her data to enable its proper functioning. These third-party companies will only have access to the data collected in order to carry out a specific operation or task. Whatever the use of services delivered by third parties, LOGIRAM PERSPECTIVES remains responsible for the processing of data belonging to its users or customers. Furthermore, the user may receive information or commercial offers from LOGIRAM PERSPECTIVES and its partners. However, the User may at any time object to receiving such commercial offers by sending a request to LOGIRAM PERSPECTIVES by any of the means indicated above.

The information of LOGIRAM PERSPECTIVES' clients may be transmitted to third parties without their prior express consent if this is necessary in order to respect the law, to protect any person against serious bodily harm or even death, to fight against fraud or attacks on LOGIRAM PERSPECTIVES or its users and to protect the property rights of LOGIRAM PERSPECTIVES.

LOGIRAM PERSPECTIVES commits to the users of thoughts-box.com as well as to its customers to respect the purposes previously listed for which their data was collected as well as to notify the user or the customer in case of rectification or deletion of the data, unless this would entail disproportionate formalities, costs and steps for him. In the event that the integrity, confidentiality or security of the personal data of its clients or users is compromised, LOGIRAM PERSPECTIVES undertakes to inform them by any means and as soon as possible.

ARTICLE IV - Intellectual property

The thoughts-box.com website, its services and associated content, as well as any derivative works or improvements thereof, including, but not limited to, the brand, logo, graphic design, texts, illustrations, files, software, computer applications, scripts, graphics, images, photographs, sounds, music, videos, information, content, services, URLs, technologies, documentation, and interactive features that make it up, as well as all related intellectual property rights, are the property of LOGIRAM PERSPECTIVES and are protected as such by the laws in force under intellectual property law.

Any representation, reproduction, adaptation or exploitation of the contents, trademarks and services offered by the thoughts-box.com website, in whole or in part, by any process whatsoever, without the prior, express and written authorization of LOGIRAM PERSPECTIVES or, where applicable, its partners, is strictly prohibited and may constitute an infringement within the meaning of articles L. 335-2 et seq. of the French Intellectual Property Code, with the exception of those elements expressly designated as being free of rights. It is reminded in accordance with article L122-5 of the Intellectual Property Code that the user who reproduces, copies or publishes protected content must cite the author and his source.

Access to the thoughts-box.com site does not in any way constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of LOGIRAM PERSPECTIVES.

The user is also prohibited from introducing data to the site that would modify or be likely to modify the content or appearance of the site.

More generally, all rights not expressly granted in these terms are expressly reserved.

ARTICLE V - Limitation of liability

LOGIRAM PERSPECTIVES cannot be held responsible for delays in the delivery of its services, in case of force majeure as defined in article 1216 of the Civil Code as well as for reasons beyond its control, independent of its will, unforeseeable and irresistible or whose fault cannot be attributed to it.

LOGIRAM PERSPECTIVES cannot be held responsible in any way for the unavailability, whether temporary or permanent, of the thoughts-box.com site and although it uses all its means to ensure the service is always available, it may be interrupted at any time.  In addition, LOGIRAM PERSPECTIVES reserves the right to voluntarily make the thoughts-box.com site unavailable in order to carry out any updating, improvement or maintenance operation.

LOGIRAM PERSPECTIVES shall not be liable for any technical or computer problems or failures or for the compatibility of the site with any hardware or software, for any direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the thoughts-box.com or its services, the intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it, the contents or illicit activities using its site and this, without it having duly taken knowledge of it.

The information and/or documents available on the thoughts-box.com website may be modified at any time, may have been updated between the time of downloading and the time the user becomes aware of them, and their use, as well as their interpretation, are under the sole responsibility of the user, who assumes all consequences that may arise, without LOGIRAM PERSPECTIVES being able to be sued for this, and without any recourse against the latter being possible.

Generally, and to the fullest extent permitted by applicable law, LOGIRAM PERSPECTIVES disclaims any liability for any amount or type of loss or damage that may result to its clients or to any third party, including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with the thoughts-box.com and its contents, the use, inability to use, or the results of the use of this site, any web site linked to this site, or the materials on such linked web sites.

It is the responsibility of the client or registered user to ensure that their username and password are kept secret. Any disclosure of these credentials, in any form, is prohibited. The thoughts-box.com website declines all responsibility in the event that one of its users contravenes this rule and only the latter assumes the risks linked to the use of his username and password in a fraudulent manner or with the sole aim of taking advantage of the services included in his subscription in his place.

Thus, LOGIRAM PERSPECTIVES cannot be held responsible for the usurpation of a user's identity. If a person other than the user or the client accesses his personal space and/or any of his parameters, he will be able to carry out all the actions that are accessible to him, including making modifications to the personal space of the said client or user. All such activities shall be deemed to have taken place in his name and on his behalf, and he shall be solely responsible for all activities that take place on his account and personal space, whether or not he has specifically authorized them, and for all damages, expenses or losses that may result from such activities. He/she shall remain liable for activities conducted on his/her account in the manner described if he/she has negligently allowed the use of his/her account by not taking reasonable care to protect his/her login credentials.

If one of LOGIRAM PERSPECTIVES' customers or one of the users of the thoughts-box.com site suspects fraud at any time, they must contact LOGIRAM PERSPECTIVES as soon as possible, so that the latter can take the necessary measures in order to regularize the situation.

ARTICLE VI - Hypertext links and links to third party sites

The services offered by the thoughts-box.com website may include links that lead you to leave the site. Unless otherwise stated, the linked sites are not under the control of LOGIRAM PERSPECTIVES and LOGIRAM PERSPECTIVES cannot be held responsible for their content, the links they contain, their changes, their updates or the transmissions received from these linked sites. Links to third party sites that may appear on thoughts-box.com are, unless otherwise stated, provided for convenience only and their presence does not imply that LOGIRAM PERSPECTIVES endorses their owners or their content.

Hyperlinks to any page or document on the thoughts-box.com website, provided that such links are not set up for commercial or advertising purposes, require the prior agreement of LOGIRAM PERSPECTIVES. Websites containing information of an illicit, violent, controversial, pornographic or xenophobic nature or which may offend the sensibilities of a large number of people will not be granted such authorization.

Finally, LOGIRAM PERSPECTIVES reserves the right to remove at any time a hypertext link to its site if it deems it to be inconsistent with its policy, principles or values.

ARTICLE VII - Cookies

In order to allow its users to benefit from an optimal navigation on the thoughts-box.com website and a better functioning of the different interfaces and applications, LOGIRAM PERSPECTIVES may proceed to the automatic installation of cookies on their computer or their navigation software.

Cookies are small files that are temporarily stored by the user's browser on the user's computer hard drive and are used to ensure the proper functioning of the thoughts-box.com website. These cookies do not contain any personal information and cannot be used to identify a user. A cookie contains a unique, randomly generated and therefore anonymous identifier. Some cookies may expire at the end of a user's session, while others may be valid for months or years.

The information stored in these cookies is related to the user's navigation and is only used to improve the thoughts-box.com website, in particular by allowing a service to recognize the user's device, in order to avoid the user having to provide the same information several times, for example when filling out a form, by remembering that the user has already provided his login and password, in order to avoid having to repeat the operation each time the page is loaded, by monitoring how users use the services offered by the thoughts-box.com services in order to improve their usability or to evaluate performance to ensure responsiveness, or by analyzing anonymous data to help understand how users interact with various aspects of the online services in order to improve them.

By browsing the site, the user expressly authorizes LOGIRAM PERSPECTIVES to deposit on the hard disk of his/her computer these files called cookies. However, the user has the possibility to block, modify the duration of conservation, or delete these cookies via the interface of his browser. In the absence of acceptance, the user is informed that certain functionalities or pages may not function or be displayed correctly, or even be refused.

If the user decides to systematically deactivate cookies on his browser, he will be able to continue browsing the thoughts-box.com website. However, any malfunction of the thoughts-box.com website caused by this manipulation will not be considered as being the fault of LOGIRAM PERSPECTIVES and will not constitute a damage for the user allowing him to claim any indemnity.

ARTICLE VIII - Applicable law and jurisdiction clause

The thoughts-box.com website and these terms and conditions are governed by French law, regardless of where you use the services offered by the thoughts-box.com website.

Any dispute that may arise between LOGIRAM PERSPECTIVES and one of its customers or users during the execution of the present terms and conditions will be subject to an attempt at amicable resolution. Failing this, and after the failure of any attempt to find such a solution, the disputes will be brought to the attention of the common law courts which will be the only ones competent to hear these disputes.

ARTICLE IX - Acceptance of the general conditions of use

The customer or user declares to accept expressly and without reserve the present general conditions of use. He declares to have knowledge of them and renounces to prevail himself of any other document. The use of the site and the access to its services can in no case withdraw from the acceptance and the respect of the present general conditions of use.

The consumer recognizes to have had knowledge of information and information envisaged with the articles L.111-1 with L.111-7 information relating to the legal and contractual guarantees and their implementation modalities, the possibility of resorting to conventional mediation in case of dispute and information relating to the right of withdrawal whether it is a question of the deadline or the modalities of exercise.

The present general conditions are valid for an indefinite period. The beginning of the use of the services of the site marks the application of the contract with regard to the customer or the user. The present general conditions also apply, as necessary, to any variation or extension of the site on social networks and / or community, they are existing or future.

ARTICLE X - Modification of the conditions or the services

LOGIRAM PERSPECTIVES reserves the right to modify the present conditions whenever necessary, at its sole discretion, to take into account changes in the law, the availability of new features, the deletion or modification of existing features as well as additional features that it may decide to introduce in its services, or in the framework of the development of its activities. Therefore, it is the responsibility of its users and customers to regularly review these terms and conditions, especially if they have a membership account with thoughts-box.com.

In the event of a change, the new terms will apply to any new use of the service by customers and users after their effective date. If the recurring services used by customers are affected by one or more changes to these terms, LOGIRAM PERSPECTIVES will reasonably take into account the legitimate interests of its customers when making such changes. If such changes were to occur, they would be notified in advance. The modifications will be considered accepted by the customers and users if they do not oppose them within a period of two months as from this notification. LOGIRAM PERSPECTIVES will draw the attention of its clients and users to this fact in the notification sent to them. If the client or user chooses to oppose all or part of these changes, LOGIRAM PERSPECTIVES reserves the right, without any liability to its client or user of the services offered on the thoughts-box.com website, to terminate the agreement concluded with the latter, with effect from the date of entry into force of these changes.

For any question relating to the application of these terms and conditions of use, the user may contact LOGIRAM PERSPECTIVES by means of the contact information specified in our legal notice, the link to which appears in ARTICLE I hereof.

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