Legal Notice and Terms of Use

The "B-Harmonistwebsite is published by FinanceHarmonist ("the COMPANY").

 

SARL with a capital of 47,000 euros

RCS Nanterre 482 025 129

SIRET NUMBER: 482 025 129 00024

Intracommunity VAT number: FR78482025129

Head office of FinanceHarmonis :

76 Boulevard Exelmans,

75016 Paris – FRANCE

 

Director of the publication: Patrick Vignaud

E-mail: patrick@b-harmonist.com

Telephone: +33 (0)6 15 91 32 90

 

The "B-Harmonistwebsite is hosted and secured by the company OVH:

SAS with a capital of 10 069 020 €.

RCS Lille Metropole 424 761 419 00045

Code APE 2620Z

VAT NUMBER: FR 22 424 761 419

Head office: 2 rue Kellermann - 59100 Roubaix - France

 

Digital Strategy: Isabelle Delseny-Ernest

Web development: Arnaud Bernard-Brunel

 

Terms and conditions of use

1- Preamble

 

The COMPANY, publisher of the "B-Harmonist" website, accessible https://b-harmonist.com/,

provides to users with the possibility, on the Website, of commenting online the articles of the editorial staff.

The aforementioned services, which are bound to evolve over time, are called "Services" by the present General Terms of Use. These services are all fully subject to these General Terms of Use, to which may be added, if necessary, the special conditions applicable to one or other of the Services.

Each of the expressions mentioned below shall have the following meaning in these General Conditions of Use:

"User" means the natural person who has subscribed to and/or used the Service, and thus accepts these Terms of Use.

"Site" means B-Harmonist's web-based Internet site, accessible primarily at https://b-harmonist.com/.

"Contribution(s)" means all the elements (images, sounds, texts, graphics, videos, etc.) provided by the User for publication on the Site, for example in a "Profile" page or in a blog.

Any information, text, image, animated or not, data, sound, multimedia file, page structure, code, function, navigation element, hyperlink, domain name or any other element such as, in particular, the offer to sell or rent any object, good or service, is referred to, together or separately, as "Content" by these General Terms of Use. A Content can thus be produced by the Site and its editorial staff, as well as by the Users.

"Comment(s)" means a comment posted on the Site by a User in reaction to a Content (notably an article, a contribution, a blog post, or during a chat).

 

2- Acceptance of the general conditions of use

The purpose of these General Terms of Use is to define the conditions under which the User may benefit from the Services and use the Site. Any subscription to the Services, as well as the use of the Services, are subject to compliance with these General Terms of Use. By subscribing to and/or using the Services, the User acknowledges that he/she has read these General Terms of Use and accepts them in their entirety, without restriction or reservation.

Each User is informed that the COMPANY may modify them in whole or in part at any time without prior or subsequent notice and that the modifications in question will come into effect on the date of their publication on the website https://b-harmonist.com/

under the conditions of publication of the modified general conditions of use.

As a result, all Services covered by the previous General Terms of Use will be immediately subject to these modifications from this date.

Modifications to the General Terms of Use shall be considered accepted under the same conditions as the modified General Terms of Use.

 

3. Rights and obligations of users

 

3.1. Pre-requisites for use

When using the Services, i.e. when opening an account, writing a comment to an article, or opening a Profile Page, Users must transmit to the Website, in the space reserved for this purpose, the personal details requested of them and undertake to ensure that these details are accurate, correct and complete, and also undertake to transmit to the Website any updates to these details.

If the COMPANY finds that any information provided by a User is incorrect, inaccurate, not up to date or incomplete, the COMPANY may, at its own discretion, without prior notice to the User concerned, delete or render inaccessible all or part of the User's Content within the meaning of these Terms of Use. In no case shall the User be liable to the COMPANY for this.

The COMPANY expressly reserves the use of its Services to Internet users who are at least thirteen years old.

 

3.2. Confidentiality

All Users undertake to keep strictly confidential all passwords and identifiers allocated to them by the Site when using the Services.

The User undertakes not to pass on to any third party whatsoever, including those belonging to his family circle, any of his passwords and identifiers and agrees, moreover, to bear all the responsibility that would arise from the use of these passwords and identifiers under conditions identical to those that would prevail if this use were of his own making. The User is also informed that he/she can modify his/her login and password at any time on the Site.

 

3.3. Contributions and Comments

It is understood that the User sends the to Site, his or her Contribution and/or Comment free of charge and that its publication on the Website does not entitle the User to any remuneration, which the User expressly accepts.

The Contribution and/or Comment that the User submits to the Site with the purpose to being published online remains the User's sole and entire property. Without prejudice to the foregoing and in order for the Contribution and/or Comment to be posted on the Site, the User grants the COMPANY the necessary authorizations for the following uses

- The reproduction of the Contribution and/or Comment in whole or in part, its integration and communication to the public on the Site, whether or not accompanied by other texts and/or content, as well as its communication to the public by any means or medium of communication known or unknown at this time.

- The rights of adaptation, for the needs of the exercise of the rights mentioned above.

This transfer is delivered free of charge, for the whole world and for all the duration of the legal protection as from the date of setting on line of the contents on the site.

The Contributions and/or Comments may be published by the COMPANY on any page of the Site.

It is specified that if the COMPANY has the slightest doubt that the User does not necessarily have all the authorizations required for the publication of his Contribution and/or Comment, the COMPANY may ask him for all proofs and suspend this Contribution and/or Comment pending the User's reply.

The COMPANY may reference all or part of the Contributions and/or Comments in order to facilitate the management of storage and access to them. Furthermore, given the interactive nature of the Internet, the User declares that he/she is aware of the fact that his/her Contributions and Comments may be presented in different contexts, associated with other works, be the subject of partial exploitation, and declares that he/she accepts this.

The User is however informed that the storage of Contributions and / or Comments involves the compression and automatic encoding of all or part of the elements of his Contributions and / or Comments, some of its content (including videos) and that these operations may sometimes cause intrinsic degradation of quality. Consequently, the User accepts and assumes full and complete responsibility for this, particularly with regard to all third parties. The COMPANY will nevertheless make every effort to ensure optimal quality of distribution of Contributions and/or Comments.

The User who transmits, distributes, publishes, makes available, shares or otherwise discloses any information whatsoever in the context of a Contribution or a Comment, in whatever form, through or via the Services, guarantees that he or she is entitled to do so, and that the information distributed is not of such a nature as to violate the right to image or privacy of persons as referred to in Article 9 of the Civil Code, violate or disregard the rights of intellectual and / or industrial property whatsoever third parties, are not likely to constitute one of the offenses provided for and punished by the Act of 29 July 1881 on freedom of the press, or are not likely to constitute an infringement of the presumption of innocence referred to in Article 9-1 of the Civil Code. The User is solely responsible for his use of the Service and shall not hold the COMPANY liable for any claims and/or proceedings against him.

 

Accordingly, when the User submits his Contribution and/or Comment, he expressly acknowledges and agrees to the following conditions:

a) that he/she is the owner or holder of the necessary rights and/or authorizations relating to copyright or other intellectual and/or industrial property rights that may be attached to his/her Contribution and/or Comment as well as any audiovisual, musical or other works of art that he/she has incorporated into his/her Contribution and/or Comment. He/she authorizes the COMPANY to use the Contribution and/or Comment and to include it in the Service in accordance with the terms set out in these General Terms of Use.

b) that he/she has the prior written authorization of each natural person identifiable in his/her Contribution and/or Comment to use their name and/or image and/or voice, in particular, for the purposes of dissemination on the Service, for use in accordance with the terms set out in these General Terms of Use. The User declares that he/she has all the necessary authorizations of any kind for the Contribution and/or the Comment.

 

The User further agrees not to distribute, publish, edit, make available, share or otherwise divulge any Contribution or Comment that would be likely to constitute the offences provided for and punishable under Articles 225-4-1 et seq. of the French Criminal Code, in particular with regard to trafficking in human beings, whether minors or adults, pimping and related offences and the use of prostitution of minors. The registered User is also forbidden to fix, record or transmit for broadcasting the image or representation of a minor of a pornographic nature, or to make it available and share it by any means whatsoever.

The User also refrains from distributing, publishing, editing, making available, sharing or otherwise disclosing any Contribution or Comment of a racist, anti-Semitic, abusive, harassing, defamatory nature and, in general, the User undertakes to respect public order and the rights of third parties.

More broadly, the User agrees not to do any of the above acts, also referred to as acts of use hereunder, relating to Comments and Contributions of a pornographic or indecent nature in all cases where minors are likely to have access thereto.

In addition, the User shall refrain from any of the acts referred to above relating to a Comment or Contribution likely to constitute direct or indirect advertising for tobacco, alcohol or any substance whose use or marketing are either restricted or prohibited in France.

In addition, the User is prohibited from all acts defined above relating to a message likely to be qualified as commercial advertising or promotion of products or services, regardless of whether such advertising or promotion is for his benefit or for the benefit of any third party whatsoever.

It is emphasized that all the limitations listed above are applicable regardless of the Service in question, and regardless of the recipients, voluntary or not, of these Comments and Contributions, and regardless of their number and quality.

In the event of failure to comply with the above obligations, the COMPANY reserves the right to suspend at any time the publication of any Contribution and/or any Comment. In the absence of conclusive evidence that the User complies with the provisions of these Terms and Conditions of Use, the COMPANY reserves the right to delete any Contribution or Comment without further notice or formality.

Furthermore, by using any of the Services covered by the General Terms of Use, the User is irrevocably presumed to have accepted that any Comments and Contributions originating from the User may be reproduced by the Website, any other User and Internet users accessing the Website without any time limit and solely for the purposes of creating, managing and administering Services by the Website or using one or more Services or simply consulting the Website.

 

 

3.4. Properties of FINANCEHARMONIST SARL

The web site https://b-harmonist.com/the brand and the logo " B-Harmonist ", the graphic charter of the site https://b-harmonist.com/,

the Services covered by the present general conditions are the exclusive property of the COMPANY, which holds all applicable intellectual and industrial property rights. All technical processes, and in particular the software used for the operation of the Services, are the sole and exclusive property of the COMPANY and the User undertakes to fully respect all the rights of the COMPANY.

The User acknowledges that he/she is not the assignee of any other right than the right to use the technical and other means made available by the Website to use one or more of the Services. The User is informed that he/she is not authorized to "reverse engineer" all or part of the Services and in particular the software used, nor to compile or disassemble said software, nor to modify or complete it or all or part of the Services offered.

If the User wishes to display the "B-Harmonist" logo on a site, or to integrate the content of the Site into the navigation of its site, in particular by means of frames, or if access to the pages containing the link to the Site is not free of charge, the User must request the express authorization of the COMPANY.

The content of the Website, including news, quotes, data and other information, is intended for the personal information of the User. By accessing the Website, the User accesses content that is protected by law, in particular by the provisions of the Intellectual Property Code. He may download and print extracts of the content of this website for his personal use and for non-commercial purposes only. He only benefits from a private, non-collective and non-exclusive right of use of the content of the Website. Subject to this reservation, he is not authorized to reproduce, publish, sell, distribute or commercially exploit the content of the Site without the prior written consent of its management.

 

3.5 Access and use

The User acknowledges that he/she has the necessary skills and means to access and use the Site. The User acknowledges having verified that the computer configuration used does not contain any computer virus or malicious program and that it is in perfect working order. It is the responsibility of each User to take all appropriate measures to protect his/her own data and software from contamination by viruses or malicious programs. The COMPANY makes every effort to provide the Users with available and verified information and tools. However, the COMPANY is not liable for errors, lack of availability of information or computer viruses on the website. The functions incorporated in the website or its data are not guaranteed against interruption or operating errors. The User shall bear the cost of any services, repairs or corrections required as a result of using the Site.

The User shall have access to the Service free of charge, it being specified, however, that all Internet connection and communication costs necessary to access and use the Service shall be charged to the User, as well as all costs related to the making of his Contribution.

 

3.6 Other commitments

The User agrees not to use any identity belonging to a third party when using the Services.

All Users undertake not to carry out any act whatsoever in the use of the Services that may limit, prohibit or disrupt in any way whatsoever, even temporarily, the normal use of the Services by other Users and the consultation of the Site by other Internet users. The foregoing provisions apply to all viruses, worms or Trojan horses, but also to any act of any kind whatsoever that is likely to partially or totally block all or part of the operation of the Site and the Services or to degrade in any way whatsoever any content of any other User whatsoever.

All Users are also prohibited from sending any "spam", chain letters or "snowball" type e-mails.

Users are also prohibited from manipulating identifiers and passwords in order to disguise the true origin of any Content.

Users are also prohibited from collecting, exploiting or extracting all or part of the Content in order to create a database or an identical service similar to or even just competing with the Services. In particular, the User is hereby informed that he/she is not authorized to aggregate, on one or more third-party sites, all or part of the Content of the Site (whether through RSS feeds or by any other process known or unknown to date).

All Users are informed that the Site and each of the Services offered as well as the whole formed by all the Services offered constitute a database within the meaning of article L.112-3 of the Intellectual Property Code protected as such according to the provisions of the said code.

The registered User is also forbidden to access in any way whatsoever without authorization the content of another User, and to modify it in any way whatsoever or to comment on it when the comment is not permitted by the Service in question.

All Users must also ensure that they behave in a way that does not damage the image or reputation of the Site, the authors of the articles on the Site, and the COMPANY.

 

3.7 Guarantees 

The User shall guarantee the COMPANY against all claims, including those of other Users, in respect of Content which is attributable to the User in accordance with these Terms and Conditions of Use, and in particular undertakes to bear the cost of any sentences which may be passed on the COMPANY, as well as any costs which the COMPANY may incur in its protection.

If necessary, the User undertakes to participate voluntarily in the proceedings against the COMPANY and to offer his guarantee.

It is expressly emphasized that the exclusive liability of the User for the Contents and the resulting guarantee for the benefit of the COMPANY shall be applicable even if access to the Contents in question has been limited or restricted by the User under the conditions determined by him.

Furthermore, this liability and guarantee shall also be owed by the User in the event that access to the restricted Content in question has been extended beyond the User's control as a result of an error attributable to the COMPANY.

Finally, it is expressly emphasized that the User shall not be liable to the COMPANY for any claims or disputes between the User and any third party who has been granted a license to use the intellectual property rights of the User in any type of content (texts, photos, videos, etc.) posted by the User on the Website.

 

3.8 Personal data

In accordance with Law No. 78-17 of January 6, 1978, as amended, and the RGPD (General Regulation for Data Protection) in force as of May 25, 2018, the processing of the User's personal data has been the subject of an ordinary declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL). The User has the right to access, modify, rectify and delete personal data concerning him/her. To do so, the User can make a request online or by mail to the postal address of the COMPANY's head office listed in the "legal notice" section, indicating his or her name, first name and address.

Unless the User agrees to this at the time of registration (or subsequently by mail), the COMPANY does not pass on information about Users and Internet users to market research institutes and/or partner companies for commercial purposes. The personal data collected is stored in accordance with the regulations of the German Data Protection Act and for a period of time that is justified by the purpose of the processing. However, the COMPANY is entitled to send, in its own name, information concerning the Website as well as business proposals to the Users as well as to the subscribers to the newsletter of the COMPANY. The User may at any time request that he/she no longer receives such information and offers by activating the unsubscribe link at the end of the e-mail. The COMPANY may ask the User for his/her postal and/or e-mail address. These forms are accompanied by a checkbox to determine whether or not the User agrees to the re-use of this data. If the User does not agree, the data will be destroyed at the end of the processing.

A cookie may be automatically installed on the User's browser software during his visits. The cookie is a block of data that does not identify users but is used to record information about their browsing on the site (pages viewed, date and time of viewing, information provided, etc.) via the Google Analytics audience measurement tool (see the terms of use of the Google Analytics service). The parameter setting of the navigation software allows to inform of the presence of cookie(s) and possibly to refuse it in the way described at the following address: https://www.cnil.fr. The User can oppose the registration of cookies by configuring his browser (in the "options tool" menu of Mozilla Firefox or Microsoft Explorer). The User has the right to access, withdraw and modify personal data communicated through cookies. To do so, he/she should send a letter to the COMPANY at the address listed in the "Legal Notice" section.

 

3.9. Information

All Users shall inform the Site without delay of any fact or behavior that appears to them to be of such a nature as to lead to the suspension, disruption or interruption, in whole or in part, of the Services for any length of time, or of any notification sent to them by any third party contesting the compliance of Content with all applicable regulations and, in particular, with the texts referred to in the above-mentioned article entitled "Users' Rights and Obligations".

 

4. Rights and Obligations of the COMPANY

The COMPANY undertakes, within the framework of the activity of the Site, to respect all the provisions which are applicable to it, resulting from the law of January 6, 1978 known as Data processing and Freedoms, modified by the law of August 6, 2004. Each User and each Internet user is informed of his rights in this respect by special notices appearing on the page(s) of the Site through which he consults or uses the Services that are the subject of these General Conditions of Use.

Furthermore, each User is informed that article 6 of the law of June 21, 2004 may oblige the COMPANY to transmit, under the conditions it refers to, all information in its possession concerning the identity of any User.

The COMPANY is entitled to, and shall not be liable for, modifying or discontinuing any or all of the Services, limiting the ability of any User to create or participate in any or all of the Services in order to prevent abuse of the Services, deleting any or all Content, in particular following a request based on article 6 of the law of June 21, 2004, or to make access to this Content impossible, whatever the merits of the request and even in the event of dispute by the User - and even if this deletion or this impossibility of access also prevents the User from accessing his own Content, temporarily or permanently.

The COMPANY shall also be entitled, if it so wishes, spontaneously and without prior request from a third party, to delete or render inaccessible all or part of any Content (including in particular Contributions and Comments), without prior notice or information to the User.

The User is hereby prohibited from taking any action against the COMPANY, regardless of the consequences thereof, and from making any claim against the COMPANY. The User is hereby informed that the services offered by the Website under the present terms and conditions only consist of providing the possibility for any Internet user to participate in one or more Services, but without ever being responsible for all or part of the Contributions and Comments thus generated in this context, nor likely to be held liable in this respect to any third party, any Internet user or any User.

The COMPANY shall not be liable or suffer any consequences as a result of the publication, distribution, disclosure or any other event that expands the circle of recipients or audience of Content (including Contributions and Comments) that the Subscriber had intended to limit, even if such expansion or disclosure is the result of an error or fault on its part.

The COMPANY shall not be liable for and shall not suffer any consequences as a result of any impairment or defect in the Services or in the technical means used, or as a result of the total or partial unavailability of all or part of the Services or access to the Website, irrespective of the duration thereof, or as a result of the modification, deterioration, alteration or loss of any Content.

In particular, the COMPANY may interrupt all or part of the access to the Services, in particular for maintenance and upgrade reasons. Access may also be interrupted for any other reasons, in particular for technical or legal reasons. The COMPANY is not responsible for such interruptions and the consequences thereof for the Users or third parties. In this respect, the COMPANY is not liable for the loss of data and contents.

The User acknowledges and accepts that the COMPANY does not assume or bear any responsibility for the Content and undertakes to indemnify the COMPANY in the manner set out in the article "Rights and Obligations of Users" of these General Terms of Use.

The Services are provided by the COMPANY without any guarantee of duration and the COMPANY expressly reserves the right to discontinue one or more of the Services even without prior notice and without reason. Furthermore, the COMPANY does not provide any guarantee to Users and Internet users as to the accuracy or reliability of the Content and does not make any commitment to provide the Services in an uninterrupted, timely, secure or fully compatible manner with the User's and Internet user's hardware and software.

The COMPANY does not provide Users or Internet users with any services, advice or support, in particular technical support in the use of any of the Services offered by the Site, which are provided "as is" and without any other commitment on the part of the COMPANY than those expressly provided for herein.

In addition, Users are informed and accept that the COMPANY has the faculty to set up, where and when it wishes, any type of commercial advertising in conformity with the applicable regulations on one or other of the Services without this setting up being able to lead to any claim whatsoever on the part of a User.

Regarding the Comments and Contributions, the Site has the ability to moderate a posteriori the objectionable Comments that do not comply with the rules of good behavior contained in these Terms of Use. Any subsistence of objectionable Comments and Contributions shall be brought to the attention of the COMPANY in accordance with the procedure described in Article 6 of Law No. 2004 - 575 of June 21, 2004 for Confidence in the Digital Economy. As the COMPANY does not assume any a priori control over the publication of these Comments, it adopts the status of technical intermediary as defined by the aforementioned Law.

The user acknowledges the limitations of the Internet, in particular with regard to the transmission of data and information via the network and data interference. Therefore, the COMPANY is not liable for technical problems, which are independent of its service, such as communication problems caused by the user's Internet service provider (slowness or interruption). Therefore, the COMPANY does not assume any liability for performance and changes of the services, which may occur due to the quality of the Internet and/or the technical configurations.

The COMPANY and its partners disclaim all warranties, express or implied, in particular regarding the quality and suitability of the services for the User's specific purposes, although the COMPANY will make every effort to maintain the services in an operational state. The COMPANY does not offer any guarantee of non-intrusion.

In the case of liability on the part of the COMPANY, compensation shall only apply to direct, personal and definite damages, excluding, but not limited to, indirect and/or immaterial damages, such as financial, commercial or data loss.

 

5. Miscellaneous provisions

If any part of the Terms of Use is found to be illegal, invalid or unenforceable for any reason, the term or terms in question shall be declared non-existent and the remaining terms shall retain their full force and effect and continue to be enforceable. The term(s) declared non-existent would be replaced by a/the term(s) that most closely approximates the content of the deleted term.

 

6. Applicable law and jurisdiction

The present General Conditions of Use are subject to French law. Any disagreement or dispute that cannot be settled by mutual agreement will be referred to the competent courts in Paris.

Keep it simple and call us : +33 6 15 91 32 90 (Patrick)

 

Or make an appointment directly on our agenda

 

Or leave a message: patrick@b-harmonist.com

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76 boulevard Exelmans
75016 Paris - France

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Legal notice and Terms Of Use
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