RIAsphere

GENERAL CONDITIONS OF USE FOR THE RIASPHERE WEBSITE

1.ACCEPTANCE OF GENERAL CONDITIONS OF USE (GCU)

RIAsphere A visit to the RIAsphere Website and use of the services, as specified in Article 2 hereinafter, supposes that the User undertakes to comply with these conditions of use. The Website is provided by the Company ILOG S.A. (legal specifications stipulated in Article 27).

Please read these General Conditions of Use carefully, then print and file a copy hereof.

2. WEBSITE DESCRIPTION

RIAsphere is an Internet Website enabling the User, in addition to consulting the proposed contents, and subject to prior registration, to put online, store, share and comment on personal and collective contents on visualisation subjects and the RIA (the "Website"). Each registered internaut has a personal space where all texts, images, photos, videos, slideshows, audio files, RIA applications, comments, etc. are displayed, (the "Contents", created by the User). The Website is not designed to backup Contents; you are responsible for implementing the measures required for such purpose. Lastly and in compliance with Internet practices, advertising may be inserted within the Website.

3. WEBSITE ACCESS Free Website

The Website RIAsphere, accessible and available at the address http://www.riasphere.org/, is free of charge. However, all Internet access and communication costs required to access and benefit from the Website are at the User's expense, including all costs related to Contents' finalisation. Subject to informing the User, RIAsphere reserves the possibility of proposing optional paying services.

Subscription conditions

Website registration is possible 24/24 hours, 7/7 days, except in the case of a force majeure event or any occurrence which is beyond RIAsphere's control and subject to possible crashes, or maintenance operations required for correct Website operating.
As we are committed de facto to a best-endeavours obligation, we shall not be held responsible for any damages, of any type whatsoever, resulting from Website unavailability. The implemented communication protocols are those normally used on the Internet on the acceptance date of the current and future General Conditions of Use by the User Registration and Website use requires a computer with Internet access and also software and plug-ins which are available on the Internet, in particular on the relevant publishers' websites. The User hereby declares being a capable individual who can contract these General Conditions of Use. The incapable under or of age individual User hereby declares having been duly authorised by his/her legal representatives (for the under age: parents and/or holders of parental authority). Said legal representatives have accepted to guarantee compliance with all provisions set forth in these General Conditions of Use and are invited to monitor incapable, under or of age individuals' access to the services.

To use the RIAsphere Website, the User must register with RIAsphere by filling in all compulsory boxes in the registration form (the "Form"). The User must specify a valid email address to be able to use the Website. Pursuant to validation of the Registration Form, the User receives an e-mail confirming the latter's Website registration in which it is specified that the User may, at any time, access and/or download these General Conditions of Use on the Website http://www.riasphere.org/. The User is requested to validate his/her identification data: the User may then, if he/she so wishes, modify the password and personal data specified on the Form during registration. The User alone is responsible for keeping his/her identification data confidential. He/she undertakes to implement all useful measures to ensure full confidentiality, in particular so that no third party may wrongfully assume the User's identity. Furthermore, as RIAsphere does not have the means to ensure the identity of individuals who register on the Website, it holds no liability if a member's identity is wrongfully assumed. If the User thinks that somebody is using the former's account or identity, he/she shall inform RIAsphere thereof immediately.

Access conditions

As of Form validation, the User is allocated with an account which summarises the latter's profile, contacts, preferences, Contents, communities and comments, including a storage space where the User can host his/her Contents on RIAsphere servers.

For maintenance reasons, RIAsphere reserves the right to temporarily suspend access to the Website or certain functions thereof without notice, without Website unavailability resulting in the payment of any compensation whatsoever. The User is informed that the storage space allocated thereto for his/her Contents' hosting is unlimited unless this is modified by subsequent evolutions. The maximum size of a filed Content is limited to 100 Mb. However, it is hereby specified that RIAsphere reserves the right to modify the storage space allocated to the User, for technical reasons, subject to informing the latter thereof by email. The Parties expressly agree that RIAsphere in no case ensures backup services for Users' Contents hosted on its servers and may never be held liable for the loss thereof. Contents are filed and accessible on the Website using tags or headings and per User; RIAsphere sets up a search system on which basis Contents are accessible. The User is hereby informed that the storage services involve a transformation of certain Contents' format (in particular slideshows, photos, and videos), and that these operations inextricably entail possible quality deteriorations, and that said Party accepts and assumes full responsibility thereof, in particular towards all third parties. The User is not allowed to make the latter's storage space available to a third party for the purpose of storing data or to use the storage space for any purpose other than hosting. Non-compliance with this rule may entail account cancellation pursuant to RIAsphere's decision.

The User is fully informed of the fact that his/her Contents may be recovered by third parties, depending on the terms of use defined by the User, who is solely and entirely responsible for such terms, in particular if third parties use the latter's Contents in any manner whatsoever.

4. WEBSITE UTILISATION

Once registered, the User has access to the RIAsphere Website. In the framework of Website utilisation and the Contents thereof, the User undertakes in particular:

Not to create a false identity or wrongfully assume a third party identity
Not to transmit viruses, Trojan horses, logic bombs or any other harmful or destructive programmes
Not to disrupt the RIAsphere Website
Not to partially or totally recover the contents of pre-existing works without authorisation from the rights holders thereof
Not to breach third party distribution and retransmission rights to public and in particular, professional events
Not to reproduce and/or use the trademark, corporate name, logo or any other distinctive third party feature
Not to broadcast information or contents which contravene copyright or are slandering, insulting, obscene, offending, violent or which incite violence, are political, racial or xenophobic, and generally any contents which are contrary to RIAsphere's purpose, currently prevailing laws and regulations, and morality.
Not to infringe on private life and the image rights of persons who may be identified in the Contents
Generally, not to transmit elements which infringe intellectual property rights and third party rights, in particular trademark or personal rights, and copyright

The RIAsphere Website is a space dedicated to creation, exchanges and sharing. Users shall be polite and shall respect other persons opinions. Each User shall supply his/her contributions without prejudice or insults and shall use polite language. RIAsphere recommends that Users be cautious when they decide to specify their email address so as to avoid spamming, in particular by cyber merchants or dishonest internauts. RIAsphere may not be held responsible for a member's false representations. RIAsphere holds no responsibility during meetings between RIAsphere members, on RIAsphere, or during meetings between members and/or non members, pursuant to use of its Website.

5. MODERATION PRINCIPLES IN THE SCOPE OF WEBSITE UTILISATION

The entire Website is only accessible to Users who have provided identification on the Form. Once registered, each User is free to consult Contents and offer these for publication, and to comment on Contents available on the Website. The User's Contents are immediately visible online, but an interval for deposited Content files is required due to conversion requirements to the distribution format selected by RIAsphere. RIAsphere neither modifies nor arbitrarily selects Contents. If the subsequent moderation principle favours Users' freedom of expression, the User must become responsible and ensure compliance with currently prevailing legal and regulatory provisions and the lack of any infringement of third party rights, in particular those specified in Article 4 of these General Conditions of Use. RIAsphere shall not modify any Contents prior to these being put online. The User is hereby informed that each publication may be deleted if it does not comply with legal and regulatory provisions or with Website editorial policy. Website Users who are surprised or shocked by a third party comment or Content may address the moderator directly by using the link "Report abuse", beside each player.

6. CONSULTATION OF RESOURCES

To facilitate exchanges between RIAsphere members, the User who so wishes can identify who has consulted his/her resources. As counterpart thereto, when the User consults resources, and if this option has been activated on the Form, (a box similar to the text here under), the concerned resource author can also see this identification. At any time you can deactivate this option by returning to the Form and unticking the appropriate box "Yes, I want to know who consults my resources".

7. OBLIGATIONS INCUMBENT ON RIASPHERE

The User is hereby reminded that in its capacity as Contents' host and in compliance with the law on Confidence in the Digital Economy, RIAsphere is under obligation of:

Holding and filing data which enables the identification of any person who has contributed to Contents' creation via the intermediary of the Website; legal authorities may request communication of said information
Withdraw stored or filed information or render access thereto impossible, as soon as RIAsphere ascertains the illicit nature thereof.

The User is also informed that RIAsphere is not however subjected to any general obligation of monitoring the information stored by the latter, nor any general obligation to research facts or circumstances of illicit activities, whatever the moderation method, both previously and subsequently.

8. PROOF, PRESERVATION AND FILING

The User is hereby informed that his/her personal data is required to use this Website. With said Party's consent, by ticking the box provided for this purpose ("Yes, I am willing to receive information from RIAsphere and partners"), this information may be used for marketing purposes by RIAsphere or its commercial partners. Some of such commercial partners may be located beyond the European Union in countries which do not have an adequate protection level; these partners contractually undertake to comply with European protection principles relating to personal data. In compliance with the Data Protection Act n� 78-17 dated January 6, 1978, the User is entitled to access said personal data and have this corrected or deleted, and if applicable, object to the communication thereof to third parties by contacting the webmaster via the Contact Form, subject matter "Webmaster" or at the postal address specified in Article 27

The information which constitutes your profile is accessible on RIAsphere. Accordingly, you hereby expressly authorise RIAsphere to reproduce and distribute information concerning you on all or part of RIAsphere or by email. If you no longer wish that RIAsphere reproduces or distributes information concerning you, you can terminate your RIAsphere account in compliance with the provisions set forth in the Article "Termination of relationships" here under. You can also delete such information directly on the Website. The computerised registers, filed in the RIAsphere data-processing system under reasonable security conditions, are considered as evidence of the communication and dispatch of Forms, Contents and comments, and also evidence the various transmissions of information between the User and RIAsphere, enabling the latter to ensure the processing desired by the User. Form filing is undertaken on reliable and long-lasting mediums so as to correspond to a reliable and long-lasting copy, in compliance with Article 1348 of the French Civil Code. In the event of any conflict between computerised RIAsphere registers and any document on the User's written medium or electronic file, it is expressly agreed between the Parties that computerised RIAsphere registers shall take precedence over the User's documents and shall alone be admitted as evidence.

9. WEBSITE MODIFICATIONS AND APPLICABLE GENERAL CONDITIONS OF USE

The Website will progress and RIAsphere may modify these General Conditions of Use as necessary. Said modifications shall be implemented without prior notice. Website Users should refer to the latest version of the General Conditions of Use before opening a session; these are permanently available at the following address: http://www.riasphere.org/terms.php.

Furthermore, RIAsphere reserves the right to definitively and immediately close the Website offered to Users; no compensation whatsoever would be owed pursuant to such closure.

10. WEBSITE SUSPENSION

In the event of the User's non-compliance with the obligations specified in these General Conditions of Use, RIAsphere reserves the right ipso jure and without notice, to suspend access to the Website or to certain functions thereof and in particular, to disconnect from the Internet network the space dedicated to the User which, in particular, hosts the Contents.

In the same way, in the event of internauts' notification that the User uses the Website in such a manner as to prejudice third parties, or which is contrary to morality, public order or the legal and regulatory provisions specified herein, RIAsphere reserves the right to suspend access to the Website or to the illicit Contents in question at any time. Said suspension shall not result in any compensation.

11. CONTENTS' GUARANTEES

The User alone is responsible for said Party's Contents. Accordingly, the User hereby guarantees RIAsphere against any legal proceedings which may be initiated against said Company, in particular on the grounds of Contents and presentation of the User's contributions. The User hereby undertakes to personally take charge of any claims and/or procedures, of whatever form or nature, initiated against RIAsphere, and which may directly or indirectly relate to the hosted Contents. For this purpose the User in particular undertakes to directly settle the claim instigator for any amounts demanded by such party from RIAsphere, and to be voluntarily joined in all proceedings undertaken against RIAsphere, and also to hold the latter harmless of any convictions which may be pronounced against RIAsphere as a result thereof.

12. CONTENTS' OWNERSHIP

The User alone is owner of the latter's Contents, data, information and files communicated to RIAsphere for Website access and utilisation requirements. The User acknowledges that the latter holds all rights, in particular related to Contents' scenarios, musical compositions, texts and finalisation. No right of ownership is transferred to RIAsphere with respect to User's Contents. Insofar as a User makes his/her Contents accessible to other Users (individually or as a group), said Party declares that the latter disposes, free of charge and for exclusively personal purposes, of the right to visualise and share said Contents on the Website or from the Website, on other electronic communication mediums, throughout the hosting term of said Contents on the Website. If a User wishes to use another User's Contents in a different manner, in particular commercial, the former shall previously obtain the required authorisations from such other User. Furthermore, throughout the Contents' hosting term and within the strict framework of functions enabling Website access via the Internet or other electronic communication mediums, the User hereby authorises RIAsphere to reproduce/represent his/her Contents and, if necessary, to adapt the format for such purpose. The User is also informed that, in view of the intrinsic characteristics of the Internet, transmitted data, in particular his/her Contents, are not protected against misappropriation and/or hacking risks, for which RIAsphere may not be held responsible. As necessary, the User is responsible for implementing all appropriate measures for his/her data protection.

13. INTELLECTUAL PROPERTY

The RIAsphere Website is protected by currently prevailing legislation on intellectual property rights and by applicable international agreements. The Company Ilog forbids the extraction of contributions to its database. RIAsphere is a registered trademark. Any total or partial reproduction of this Website without the operator's express authorisation, in compliance with Article L. 713-2 of the French Intellectual Property Code, constitutes an infringement punished by Articles L. 335-2 and subsequent of the French Intellectual Property Code.

Accordingly, the User undertakes not to distort and reproduce, under any form whatsoever, either directly or indirectly, the elements which constitute the database (in particular the contents and structure thereof), any information, know-how, specification documents and generally, all Website design elements and components thereof, whether graphical or technical, trademarks, patents, names, acronyms, logos, colours, graphics charters or other features which may be used, undertaken or implemented by RIAsphere in the scope of the Website, and generally not to use or exploit said elements other than in the scope of performance hereof. The User undertakes not to file any patents on his/her behalf or on behalf of any third party, created and/or finalised in the framework hereof, and in particular which include one or several elements of the RIAsphere Website.

14. LIABILITY

It is expressly agreed that RIAsphere is only submitted to a best-endeavours obligation for the performance of these General Conditions of Use. The User is responsible and acknowledges that he/she uses the Website at his/her own risk and shall undertake any verifications, in particular previously to putting Contents online, under said Party's exclusive responsibility. RIAsphere may not be held responsible for any Contents put online by Users, or the tags selected by the latter. RIAsphere shall not be declared responsible for any distribution difficulty whatsoever of the Contents or, generally, any disruptions of the Internet network which may affect Website utilisation, and in particular Contents' viewing and downloading. The User expressly acknowledges that RIAsphere, pursuant to the information provided to the User in the scope of these General Conditions of Use and the Website, fully meets all its obligations of advice and information relating to Website characteristics and available functions. In no case shall RIAsphere be held liable for consequential losses and shall not be obliged to remedy any consequential losses such as financial or commercial prejudice, loss of clientele or market share, any commercial disruption whatsoever, any increase in costs and other overheads, loss of profits, loss of brand image, loss of Contents or data and in particular any files whatsoever, which may result from difficulties related to the transmission, reception and distribution of Users' Contents. All proceedings undertaken against the User by a third party are considered as consequential losses, and accordingly do not entail any right to remedy. The User provides personal information enabling Website access and use under said Party's sole responsibility.

15. TRANSFER

These General Conditions of Use may not be totally or partially transferred by the User, whether with or without consideration. RIAsphere is entitled to transfer all or part of the rights and obligations specified in these General Conditions of Use to any legal entity of its choice, insofar as RIAsphere informs the User thereof.

16. FORCE MAJEURE EVENT

As a preliminary, force majeure events will suspend agreement performance. If such force majeure event lasts more than three months, this Agreement shall be automatically terminated, unless the Parties agree otherwise. It is expressly understood that force majeure events or fortuitous occurrences are events and/or occurrences which are considered as such by French case law and courts.

17. TERMINATION OF RELATIONSHIPS

At any time RIAsphere is entitled to withdraw the User's access to the Website, in compliance with the conditions specified herein. Subject to previously informing RIAsphere by e-mail, the User is also entitled to withdraw from the Website and request the deletion of said Party's personal space dedicated to his/her Contents' storage. RIAsphere reserves the possibility of deleting any User account which is inactive for more than 3 months.

18. CONSEQUENCES OF RELATIONSHIPS' TERMINATION

If contractual relationships are terminated for any reason whatsoever, including in the event of the User's waiver of Website benefits, Articles 8, 11, 13 and 14 shall continue to be applicable and produce all effects thereof.

19. CONFIDENTIALITY

Each Party hereby undertakes not to disclose to third parties any information which the other Party has disclosed thereto, including information which is available pursuant to performance of these General Conditions of Use.

20. GENERAL PROVISIONS

Neither Party is entitled to undertake any commitment in the name and/or on behalf of the other Party.

Furthermore, each Party shall be solely responsible for the latter's actions, allegations, undertakings, services and personnel. In the event of any interpretation difficulties between any one of the titles of the Articles specified herein and any one of said Articles, such titles shall be deemed as inexistent. If one or several stipulations specified herein were deemed as null and void, or declared as such in application of a law, a regulation or pursuant to a final legal decision from a competent court, the effects and scope of the other stipulations would continue. This Agreement is governed by French law.

21. AUTHORISATION PRINCIPLES

Contents supplied by the User must be originals and not be the subject matter of any exclusive transfer agreement which would prevent the User from issuing these authorisations. The aforementioned authorisations enable Contents' use either totally or partially. Furthermore, in view of the interactive nature of the Internet, the User is hereby informed that Contents may be presented in various contexts, associated with other works, be the subject matter of hypertext links, or partial exploitation; the User hereby declares that he/she accepts this. The User is hereby informed that exploitation may be the subject matter of partnerships and/or constitute an advertising medium for advertisers; the User hereby declares that he/she accepts this.

22. USER WARRANTIES

23. AUTHORISATION REFUSAL OR TERMINATION

If the User is unable to produce the aforementioned authorisations, the latter shall be responsible for not authorising RIAsphere to edit the Contents. In such case, the User shall write to RIAsphere via the Contact Form or at the postal address specified in Article 27 of these General Conditions of Use, specifying why he/she refuses such authorisation.

If the User wishes to terminate the authorisation, the latter shall write to RIAsphere via the Contact Form or at the postal address specified in Article 27 of these General Conditions of Use, specifying why he/she refuses such authorisation. As of RIAsphere's reception of such notification, the latter undertakes to cease all exploitation within five business days. The User is hereby informed that pursuant to termination, the Contents may continue to be exploited on other websites, in particular with the specification RIAsphere. RIAsphere may never be held responsible for these exploitations. The User, in his/her capacity as holding responsibility for the Contents, shall undertake the necessary measures. Termination of the editing service does not entail termination of Website hosting.

24. PUBLICITY

RIAsphere alone reserves the right to insert or authorise any third parties to insert in any Website page and/or Contents, advertising, promotional and/or sponsorship messages. The User is hereby informed that RIAsphere is free to decide whether to superimpose its name and/or RIAsphere logo on the User's Contents.

25. INSTALLATION OF PAYING ACCESS TO CONTENTS

RIAsphere reserves possibility of offering a service whereby the User can implement paying access to the latter's Contents. Access price and conditions are defined unilaterally by the User, as RIAsphere is also charged with the collection of income thereby generated. RIAsphere undertakes to reserve a percentage or commission on such income for the User, net of all taxes, costs and other commissions paid by RIAsphere (in particular, such as any commissions paid for search engine referencing). Only RIAsphere is entitled to decide which Contents may be concerned by this service according to its editorial policy. RIAsphere reserves the possibility of retroceding amounts thereby collected in accordance with the terms and in the currency of its choice, and as necessary, by fixing a bottom level under which amounts owed to the User shall aggregate; however it being specified that RIAsphere undertakes to pay the minimum amounts owing once a calendar year, whatever the bottom reimbursement level which may have been defined.

26. LEGAL INFORMATION

ILOG S.A. Corporate and Trade Register of Créteil number B 340 852 458 Address: 9, rue de Verdun - 94253 Gentilly, France

The Site has been registered formally with the CNIL (the French Data Protection Authority) under registration number 1326496.
The information provided by the User on the Site is intended to enable the User's order to be processed and completed.
In accordance with Article 32 of France's Loi Informatique et Libertés of 6 January 1978 as amended by the Law 2004-801 dated 6 August 2004, all information which is crucial for the processing and completion of the order is indicated using an asterisk on the pages on the Site.
All other information requested from the User is optional and pertains to the User's interest in offers which may be sent to them. This information is intended purely to improve RIAsphere's understanding of the User and improve the range of Services it offers.