Terms and conditions for the website and application FACETTS

PREAMBULE

These general terms and conditions of use (T&Cs) are the contract between FACETTS and the users of services (« the User »).

FACETTS is a platform that allows groups and communities to communicate around shared interests.

Users (“Owners”) can setup a community and manage it. Owners can invite other users (“Members”) to join their community.

FACETTS is an application which permits the transit of messages via its servers, Messages are not kept on server after they are safely delivered.

The subscription to FACETTS is only authorized to naturals persons aged over 13 years old and to legal entities.

FACETTS does not collect or host any personal data without the knowledge of the User.

The User commits to have no illegal activity via FACETTS.

The User commits not to usurp the name of a third party or a company to subscribe to FACETTS.

Article 1 Definitions

« Content »: all the data disseminated on the Application, such as texts, pictures, photos, videos, sound;

« Application »: the mobile application named « FACETTS » managed and coordinated by the company FACETTS and freely available from platforms such as Apple Store and Google Play, and the websites www.facetts.com, www.facetts.me and silo.pm.

« Legal Notice »: the information on FACETTS, provider of the Application. « Subscription »: the action enabling the internet user to become a User and to be able to connect to the Application.

« Service »: bunch of services and functionalities made available by FACETTS as detailed in article 3.

Article 2 Object

The purpose of the T&Cs is to set the conditions and modalities of the access and use of the Services provided by the Application.

The T&Cs are subjected to be adjusted, modified or reviewed at any time. Only the version of the T&Cs in force at the date of use of the Application will be legally binding between the User and FACETTS. The User must regularly consult them.

These T&Cs are supplemented by the Legal Notice www.facetts.com/en/legal. If there is any inconsistency between these T&Cs and the Legal Notice, the T&Cs shall prevailed.

Article 3 Description of Services

    FACETTS provide Services accessible via the Application. The Services are:
  • A communication platform for communities based on shared interests. Communities are in silo in order to enable true privacy. Users can join several communities with different independent profiles.
  • The creation of a User account with several independents profiles called « Facetts ». A profile allow to expose only chosen part of its personality to other Users in a given community.
  • Knowing a Facett of a User cannot allow to know its others facetts, or even to know he has other Facetts. It is impossible for an User to know if two different Facetts belong to two different Users or a same User.
  • The possibility to cancel one of its Facetts at any time from the Application. All the data related to this Facett are not reachable anymore.
  • The creation of Community to privately exchange between users. Each community is managed by its Owner. By using the platform each Member acknowledges the Owner right, at his sole discretion, to accept/remove/kick any Member, close the community, moderate any content.
  • The provision of private common areas inside the community allowing to discuss, send photos, sounds, videos 
  • The possibly to issue invite code so other user can join this community

Article 4 Subscription and acceptance of the T&Cs

The internet user who install the Application can create one or several Facetts. When a Facett is created, a pseudonym is attributed by FACETTS at the internet user. The internet user become a User, and so he can keep its pseudonym and stay anonymous or he can replace it by a photo or an emoticon.

The User who wants can give complementary information: a name, a photo and a description.

The Subscription is allowed only to natural person aged over 13 years old and to legal entities. The Subscription of a legal entity can only be made by a natural person empowered to represent it.

By creating its account, the User recognize to have read, understood and accepted these T&Cs.

If there is a change of access policy, the introduction of a new Service or a progression in any other substantial modality stipulated herein, the T&Cs will be reviewed. The User shall consult those regularly to stay informed of the changes.

Article 5 Obligations of FACETTS

FACETTS make available to the Users the Services described here above on the Application.

Article 6 Obligations of the User

The User undertake to:

  • Read carefully the T&Cs;
  • Respect the obligations mentioned it theses T&Cs and especially:
    • The announcement of illegal content to FACETTS ;
    • The announcement of illegal content to Community owner ;
    • The respect of the intellectual property rights of FACETTS.

Article 7 - Free Services

Users can join communities as Members free of charge.
Users can create basic communities free of charge.
Optional advanced communities function will be introduced in future version of the application, those functions may bear cost to the User and additional terms of service will be provided to the User prior to use them.

The cost of internet access is charged to the User.

Article 8 - Intellectual Property Right

The term FACETTS is registered as a trademark as number 15 4 181 318 since the May 18th, 2015 at the “French intellectual property institute” and FACETTS has applied for a trademark in European Union and United States of America. The domain name www.facetts.com is protected.

The User acknowledges that these elements cannot be used without the express permission of the owner. The User acknowledge that it is the same for all the distinguishing feature which belong to FACETTS. FACETTS is also the owner of the intellectual property rights on the Application.

Reproduction of all or part of the Application for any purpose other than the consultation of the Application or the use of the Services is prohibited without FACETTS’ agreement.

FACETTS can terminate these T&Cs rightfully and start any action to punish any infringement of its intellectual property rights.

The User keep the full and entire ownership of the Content he publish on the Application. The User recognize and accept that the Content published on the Application is freely an accessible, usable, copyable and editable by a User or an internet user, without condition or compensation.

Article 9 - Announcement

The User who believes that some information available on the Application are incorrect, illegal or have an offence, discriminatory or defamatory nature, is invited to submit a notification.

According to the article 6. I. 7 of the French law for "confidence in electronic commerce” dated June 21st 2004 (2004-575), the User shall bring to the attention of FACETTS any message advocating terrorism, crimes against humanity, inciting racial hatred, relating to child pornography, inciting violence and violating human dignity.

An announcement is an email sent to abuse@facetts.com or directly in the Application via the support service. The User describe the litigious facts (description of the facts and their precise localisation in the Application, Explanation about the reasons why the content must be withdrawn).

The attention of the User is drawn on the fact that an incorrect denunciation can expose him to criminal sanctions and he accepts to indemnify FACETTS about the eventual consequences of improper notification.

FACETTS undertake to react promptly to any notification of a User made in the right forms and prima facie justified. FACETTS can in its sole discretion, remove or modify the Content being notified.

Article 10 - Liability

For all its obligations, FACETTS only have an obligations of means.

Access and functioning of the Application

FACETTS agrees to implement all means necessary to ensure continued access to the Application. However, to ensure the technical maintenance of the Application, access may be interrupted occasionally. Wherever possible, FACETTS will endeavour to notify the User.

FACETTS disclaims any liability for any damage that may result from the unavailability of the Application or a problem connecting to the Application.

A FACETTS account is related to a mobile device. This account is only accessible through this mobile device. If the Application is deleted from this mobile device, the associated account is no more accessible.

The User is advised to generate and store a recovery code, using the application. This code will allow him to transfer its account to another mobile device as well as recover a lost account.

The User is advised that if he replace or lose his phone, or fail to generate recovery code, then he can lose the access to his account and his data. The User cannot invoke FACETTS's liability on this ground.

Information and Content published on the Application

FACETTS responsibility is the host system regime. The procedures for notification of inaccurate statements or illicit or having an abusive, discriminatory or defamatory are provided for in Article 9 of the T&Cs.

The information and Content published by the User on the Application are their exclusive responsibility.

The responsibility of FACETTS can be held only if it is proven that the damage results form its own action. FACETTS cannot be held responsible for the violation of the hereunder T&Cs by a User.

Loss or improper use of the user name

FACETTS cannot be responsible for the loss or damage due to the loss of the improper use of the user name of the User.

Article 11 - Duration and Termination

The T&Cs are valid for an indeterminate period and can be modified at any time by FACETTS. The User is advised of the modification at the next use of the Application.

If the User disagrees with the modifications, he can choose to uninstall the Application.

FACETTS may temporarily or permanently deactivate the subscription of a User, cease to provide its services in the following cases:

  • A violation of the T&Cs;
  • If the doings of the User can engage the responsibility of FACETTS or another User;
  • An account inactivity for a period of six (6) months.
A User can delete his account at any time and stop the use of the Services directly via the Application. FACETTS will inactivate the related Facetts and delete the account of the User who asking for it.

Article 12 - Personal Data

FACETTS is declared to the French National Data Protection Authority (CNIL) under the number: 1930334.

The personal data cannot be collected without the knowledge of the User by FACETTS. According to the provision of the French Law on “Data protection and privacy” No.78-17 of January 6, 1978, the User is informed that the personal data spread on the Application are required and are exclusively dedicated to FACETTS.

Personal data related to the User are collected directly on the Application. The User has a right of access, modification, deletion of his or her personal data, with the exception of IP addresses, according to the rules of data protection and privacy. To exercise his or her right, the User only have to notify FACETTS by email at the address support@facetts.com.

By subscribing the Services, the User gives its permission for any transfer / exchange of its data to other partners / French authority or located in another member state of the European Union or in any state recognized as leading a personal data treatment policy by a Data Protection Authority in line with the European standards.

The Application keep the data such as:

  • Information given at the subscription for the opening of a User account;
  • According to the relevant legislation, the time, the duration and the IP address of the connexion of each visit on the Application.

Article 13 Cookies Information

A cookie is an information place on the User computer hard drive by the Application or by the browser. A cookie allow to memorize the choices made by the User and to easily recognize him through a unique user name.

For the Content of its Application, FACETTS places cookies on the User's device. The cookies used are intended to:

  • Memorise the user name ;
  • Authenticate the User.
According to Article 32-II of the French Law on “Data protection and privacy” No.78-17 of January 6, 1978, FACETTS informs the User by a band that the continuation of its navigation means its agreement for the cookies.

Cookies placed by FACETTS are necessary for the provision of a service explicitly requested by the User (cookies user name, user authentication...). They will not be submitted to a previous consent.

The User may refuse the use of cookies placed by FACETTS on his phone by selecting the appropriate setting in his browser.

Cookies are kept by FACETTS during 13 months. At the end of this period, FACETTS has to collect again, when necessary, the User's consent.

Article 14 - Law – Jurisdiction

These T&Cs and any document or Content published on the Application are governed by French Law.

French version of these T&Cs shall prevail.

In the event of litigation arising from the validity, the execution or the inexecution of the T&Cs between FACETTS and the User, the competent jurisdiction in Rennes (France) shall have jurisdiction.