Terms of service
Terms of service
1. FIELD OF APPLICATION
The Panodyssey platform is edited by the Panodyssey company, simplified joint-stock company registered in the Nanterre Trade and Companie Register under number 844 250 530, which headquarters are located on 10 rue Bapst, 92600 Asnières-sur-Seine. The Panodyssey platform is accessible through any web navogator at the adress www.panodyssey.com.
It allows its users to create, broadcast and consult editorial content available for free or on payment. The present general conditions (hereinafter the terms of service) regulate the contractual relationship between any user of Panodyssey and Panodyssey.
The Panodyssey platform is only for users above 15 years old. Publication of paid content as an author, monetized participation to contents as a contributor and subscription to paid content are reserved for users over 18 years old.
In the terms of service, words written with a capital letter, singular or plural, will have the signification given by its definition below.
- Account : the personal space any user can create on the Platformto manage their subscription and benefit from the available services, and which access is reserved to them.
- Author : a Platform user with an Account, willing to create and broadcast Content through a Creative Room towards Users, for free or in exchange for a paid subscription to the Creative Room. He or her can ask Contributors for help in the creation of Content. To publish paid content as an Author, you have to be 18 years old or above. An Author can also be a Contributor on other Authors' Content.
- Content : content created and broadcasted by an Author through their Creative Room towards the Users, for free or in exchange for a paid subscription to the Creative Room.
- Creative Room : personal space any Author can create on the Platform, to create and broadcast Content for the Users and ask Contributors to participate to the development of Contents. Access to Content broadcasted through a Creative Room can be, according to the Author's choice, reserved to Users who suscribed to the Creative Room on payment of the subscription fees or freely available for all Users. An Author can have as many Creative Rooms as they wishes for.
- Platform : computer platform edited by Panodyssey, accessible using an Internet browser to the adress www.panodyssey.com, which provides Users the services associated with their role of Author and/or Contributor.
- Reader : user of the platform who is here to consult Contents. Readers can have an Account that allows them to subscribe to the Creative Rooms they chose and to consult their Contents.
- User : any user of the Platform, whether they are an Author, a Contributor and/or a Reader.
3. FORMATION DU CONTRAT
Access to the Platform and utilisation of the service it provides implies full acceptance of the terms of service by the User.
Terms of service are consistently presented to any User and subject to his validation with a check box during the creation of their Account on the Platform.
Validation of terms of services with this device materialize full acceptance of the terms of service by the User and forms the contract between them and Panodyssey about the Platform's and its services' general conditions.
Panodyssey can change the terms of service anytime. Any new version of the terms of service is constantly submitted to every User and subject to his validation by said device when they first connect to their Account after implementation of the terms of service new version. Validation of the terms of service new version materialize full acceptance of the terms of service by the User.
In any case, any utilisation of the Platform and its services by a User without an account means full acceptance of the terms of service by that User.
4. ACCOUNT CREATION
Any new User can create an Account on the Platform, either by filling the mandatory information of the form, or using any other identification device (for instance, Google connect) proposed by the Platform, meaning they authorize Panodyssey to keep the needed information provided by said device.
Readers are invited to give their real first and last names. Authors and Contributor have to give their real first and last names and their real date of birth.
Users also have to communicate a valid email adress and chose a personal password. Users have to chose passwords solid enough to avoid any unauthrized access to their Account and is invited, for that aim, to consult ANSSI's recommandations available to the following adress : https://www.ssi.gouv.fr/guide/mot-de-passe.
Users then receive an email to the adress they gave to validate it and activate Account creation. That email also contains the terms of service the User accepted so they can register them and refer to it anytime. Current terms of service are also available anytime on the Platform.
Before publishing their first Content, Authors have to give Panodyssey a copy of an effective identity document (identity card or passport) to check their identities and age. Panodyssey can block the publication of any paid Content coming from a less than 18 years old Author.
In the same way, before their first participation to a Content, Contributors also have to give Panodyssey a copy of an effective identity document to check their identities and age. Panodyssey can block the monetization of any participation of a less than 18 years old Contributor to any Content.
Panodyssey can also occasionnally make identity or age checks to Authors and Contributors. In that case, the Author or the Contributor is committed to give Panodyssey a copy of an effective identity document.
5. PERSONAL DATA
Panodyssey collects User's personal data they give during their Account creation.
Panodyssey collects this personal data to manage contractual relationship with the User, in particular to :
- ensure execution of the contract concluded with the User
- manage their Account and activity on the Platform
- provide them services provided by the Platform
- communicate with them in the context of the provision of these services
- inform them about these services evolution and similar services Panodyssey could develop
- charge the paid services of the Platform and follow the payment of their bills
This treatment is based on the fact that Users' personal data is necessary to the execution of the contract concluded with them. Treatment of Users' email adresses is also based on Panodyssey's legitimate interest to send them prospecting messages about similar services.
Panodyssey collects as well a copy of an identity document concerning Author or Contributor to validate their identity and age, to manage the contractual relationship, in particular to ensure validity and good execution of the contract concluded with them.
User's personal data is only intended to corporate officers and Panodyssey's employees in charge of these tasks and can indirectly and punctually be accessible to Panodyssey's employees in charge of administration and maintenance of the Platform and its operating environment. They are transmitted on the servers of the Platform's hosting provider, the OVH company, and can be transmitted to other Panodyssey's co-contractors who would intervene as part of the tasks above.
They are stored on the servers of the Platform's hosting provider, the OVH company, which is located on Metropolitan France's territory.
Corporate officers and Panodyssey's employees who have access to the User's personal data are bound by a non-disclosure agreement by which they undertake to ensure data confidentiality. Furthermore, access to User's personal data is reserved for these corporate officers and employees who are the only ones to have credentials which permits them to access it.
Platform's data stream used the secured protocol https. Platform's database is moreover saved every two (2) hours.
Panodyssey keeps this personal data during three (3) years as from the end of the contract with the User. Panodyssey then keeps as semi-current archives, in anonymous form, personal data necessary to the exercise of a right and proof of this right, for the duration of relevant limitation periods, or under the legal obligations which it is subjected.
Panodyssey only keeps the identity document's copy for the duration necessary to identity check. It is then deleted when identity check is done.
In accordance with the law of january 6th 1978 relating to computering, files and freedoms as modified by the legal framework of april 27th 2016 relating to general data protection, every User can :
- get communication and, where appropriate, correction or deletion of their personal data ;
- get limitation of the treatment of their personal data ;
- oppose treatment of their personal data ;
- get copy of their personal data in a structured format to transmit it to another treatment manager ;
- give Panodyssey their separate directives as for what to do with their personal data in the event of death ; otherwise, their heirs can assert the rights they get from the applicable legislation.
Any User can exercise one of these rights by proving their identity and contacting Panodyssey to the following adress :Panodyssey User Service, 10, rue Bapst, 92600 Asnières-sur-Seine.
Fees relative to the exercising of these rights will be charged by Panodyssey in case of unjustified or excessive demand. In any case, costs related to extraction or copy of personal data will be charge by Panodyssey.
Any User can also have access and correct some pieces of personal data directly in their Account.
Furthermore, Panodyssey can suspend or close any Account or terminate the contract, without legal technicalities, in case it didn't have anymore personal data necessary to its execution after exercising one of the rights above.
Every User also have the right to lodge a complaint with the CNIL or any competent control authority in case of dispute about their personal data treatment.
Panodyssey makes available the services implemented by the Platform, which content changes depending on the role chosen by the User for particular Content.
Authors can create Contents thanks to the available tools, search for and ask for Contributor's help and broadcast these Contents through one or several Creative Rooms.
Contributors can make their skills available for the Authors, search for Authors who would be interested in their skills and contribuate to their Contents thanks to the available tools in the Author concerned's Creative Room.
Users can consult free Contents and, if they have an Account, Contents broadcasted through the Creative Rooms they suscribed to.
7. USER'S OBLIGATIONS AND RESPONSIBILITIES
Authors and Contributors undertake to use their real identities for Contents publications. Authors and Contributors guarantee that their identities and other data they provide conform to reality, are up-to-date and complete.
The User is the only person responsible of utilisation, preservation and confidentiality of their email adress and password, and loosen Panodyssey for any responsibility regarding this matter. Any access to the User's account thanks to their email adress and password and any activity on the Platform from this account is deemed made by the User. In case of unauthorized utilisation of their email adress or password, the User can contact Panodyssey at email@example.com tu allow the User to create a new password.
The User is the only person responsible of their actions on the Platform and particularly of their creations or broadcasts of Contents and loosen Panodyssey for any responsibility regarding this matter.
The User is well informed that is civil or criminal responsibility can be engaged by another User, Panodyssey or another person, because of their actions on the Platform, in particular because of their Contents.
Therefore, the User undertakes to make their actions and Contents respectful of the relevant laws and regulations, of other persons' or Panodyssey's rights and not to cause harm to other persons or Panodyssey. Particularly, the User undertakes to make their Contents respectful of intellectual property rights, private life, attributes of personality, honor or other persons' consideration. The User also undertakes not to make their Content pornographic or contrary to public policy and morality.
Panodussey doesn't operate any control on Users' actions or Contents on the Platform and is therefore only responsible for the Platform's self-edited elements.
Panodyssey reserves the right to suspend or delete, without any justification and without informing the User concerned, any Content someone reported or that came to its knowledge and which would be manifestly illicit, prejudicial to another person's rights or prejudicial to another person. Any User can report such Content to Panodyssey, at firstname.lastname@example.org.
8. INTELLECTUAL PROPERTY
Panodyssey owns any intellectual property rights of the Platform and the elements composing it, except for the Contents.
The User doesn't get any right on the Platform and its constitutive elements. The User is only authorized to use the Platform and its services for the duration of the Contract.
Any other action on the Platform and its constitutive elements is forbidden. In particular, any reproduction, representation, broadcast, utilisation, reverse engeneering or attempt of reverse engeneering of the Platform or its constitutive elements is also forbidden. The same goes for the modification or attempt of modification of the Platform or its constitutive elements, including for correcting its bugs, as soon as Panodyssey reserves the faculty of doing so.
Any Author owns the copyrights of the Contents they create. Any Author grants the right to total or partial reproduction and broadcast of their Contents, for free or against payment, on the Platform, on social media Panodyssey uses (Instagram, Twitter, LinkedIn, Facebook, etc.) and in Panodyssey's newsletters, for dissemination of the Contents themselves and for communication on the Platform and Panodyssey, for the duration of the contract and for the entire world.
Any Contributor admits that their contributions to an Author's Contents aren't in principle protected by copyright. Otherwise, any Contributor gives the Author, for free or in exchange for a percentage agreed with the Author on the created Contents' operating revenue, the integrality of their eventual copyrights on their contributions to this Author's Contents, in particular the rights of reproduction, representation and exploitation rights, on any support, by any media and any digital communication network known or unknown to this day, for the duration of protection given by copyright and for the entire world.
9. USER'S GUARANTEES
The User guarantees Panodyssey that they are the owner of the copyrights necessary to the granting of the rights mentioned above and to aforementioned broadcasting of Contents, that this granting and broadcasting don't contravene any engagement taken by the User and that Contents don't contain any element likely to impair another person's intellectual property rights and in general to another person's rights.
The User will compensate Panodyssey for any damages, non-recoverable costs and expense it could be condemned to by an enforceable court judgement or which would be put to its charge in accordance of a transaction, that result from a request or an action from another person driven by the fact that all or part of a Content would harm their rights and/or would cause them prejudice. The User will also compensate Panodyssey of any costs or expenses incurred by Panodyssey on the occasion of such a request or action.
The contract between the User holding an Account and Panodyssey comes into force to the date of Account creation for the duration of its existence.
The User can close his Account anytime, which leads to termination of the contract with Panodyssey, ipso jure and without judicial formalities. In case of inactivity of a User's Account for more than five (5) years, Panodyssey will close it, which will also lead to termination of the contract withe the User, ipso jure and without judicial formalities
In case of breach of one of the User's obligations as laid down in articles 7 and 8, Panodyssey can suspend their Account, and so their utilisation of the services, waiting for a regularization of the situation bu the User.
In case of breach as mentioned above that would last over thirty (30) days following formal notice to solve it aimed at the present cancellation clause, for a breach susceptible of regulation, Panodyssey can close the User's Account end terminate the contract ipso jure and without judicial formalities, with a letter adressed to the User. When the breach isn't suseptible of regulation, Panodyssey can close the User's Account and terminate the contract ipso jure and without judicial formalities, with a ltter adressed to the User and giving fifteen (15) days notice.
12. CONVENTION OF PROOF
Any data and computer or digital files registered in the Platform and its operating environment on the occasion of the execution of the contract to be evidence between the User and Panodyssey for proving the facts they are referring to.
13. GENERAL RULES
Any tolerance or renonciation of a party in the application of some or all of the contract's dispositions, whatever the frequency and duration, can't imply any changes of the contract, nor be susceptible to create any right and can't be construed as a waiver of its right to take advantage later of provisions concerned.
In the event that a disposition of the constract would be considered null, invalid or unenforceable, by a law, a regulation or a court decision which have become final, it will be deemed unwritten and other dispositions of the contract will keep their strength and scope.
The contract is subjected to the French law.
Thanks to Annie Spratt for the cover picture.