General Conditions of Use

“Free Guestbook” was created by “Marie Ben, Words are Gifts.”

Marie Ben is a French brand with the mission of offering services and products that allow people to tell other people what they think is important for them, using the written word… Marie Ben is also blogs dedicated to major life events, a printed t-shirt boutique for birthdays, a boutique that provides words as gifts…To discover the whole Marie Ben range, please visit www.lesmotssontdescadeaux.com .

I hope that this tool for creating and sharing (www.www.livredorgratuit.com) is an opportunity for you to express beautiful testimonies about love, humour, respect or friendship.

Words are gifts!

With all my heart,

Marie Ben

General Conditions of Use

1 – Foreword

The present conditions are applicable to any person using the “Free Guestbook” site. The publication manager, Bénédicte Lanfrey, reserves the right to modify these general conditions of use at any time. The use of the “Free Guestbook” site is conditional on your acceptance of these conditions, and if you do not accept them then your account will be deleted by the Administrator without formal notice.

2 – Goal of the site

The “Free Guestbook” site’s goal is to honour individuals by bringing together testimonials, photos and videos.

3 – Accessing the Guestbook

Only people who are of legal age and who have been invited by the creator of the guestbook can access the guestbook. The creator of the guestbook controls all messages communicated in the guestbook. They can change the order of the messages or delete them if necessary. They must ensure that the messages conform to the present general conditions of use. If minors publish testimonials in the “Free Guestbook,” they must have prior permission and be supervised by their legal guardians. Access to the guestbook is available for 1 year. After this time period, the guestbook will be deleted.

4 – Image Rights

Conforming to Article 9 of the Civil Code, each individual has the right to privacy. You must ensure that the information, images and videos communicated in the guestbook do not infringe upon the rights of third parties, and that they respect their image rights. You must ensure that the images or video are not liable to prejudice them in any way, and you must ask the person found in the image or video for their authorisation prior to publication. Notably, all images that communicate sexual orientation, political choice, marriage status, religious beliefs, or union membership of an individual cannot be communicated without their prior consent, which you must obligatorily acquire. If the person is a minor, you must request prior consent from their legal representatives. If you are identifiable in a photo, you can, via simple request, require the removal of this photo by contacting the administrator at marieben56@gmail.com. However, users of the “Free Guestbook” site are reminded that our jurisprudence does not make image rights an absolute right nor does it sanction the abuse of law in the matter. As such, when the communication of the image is made in association with a public event, this person is reputed to have implicitly authorised it. Additionally, if the person provided their tacit consent to the taking of the image, they were perfectly aware that they were photographed but did not object, and knew, as a consequence, that their image may be shown to the family and/or friends of the photographer, and cannot subsequently oppose the communication of their image without abusing this right, if this image does not cause them direct prejudice (Cass. 1er civ., March 7, 2006). The tacit authorisation as such stems from the behaviour of the person facing the image capture devices (this implies that they are sufficiently visible – no hidden cameras – or that the persons being filmed are sufficiently made aware of their presence), or the length of filming (Cass. 1er civ., November 13, 2008). Except in these specific cases, you must ensure the person’s face is not recognisable (by blurring their face) in the image or the video for which you were not able to get their express or tacit agreement.

5 – Respect of Copyright

The images, texts and videos covered by copyright law can be found on the site based on the “right to private copying,” in the limits where the site is strictly reserved to a limited number of persons in a private context. In effect, the French Copyright Code only authorises, in terms of paragraphs 2⁰ and 3⁰ of article L.122-5, “copies or reproductions strictly reserved for the private use of the copier and not destined for a collective use,” subject to the use of author’s name and the source.

6 – Respectful Comments

“Free Guestbook” is a site designed to celebrate love, respect and friendship. Any person who uses the site in a manner that undermines this spirit, by writing hurtful, humiliating or simply mocking or untactful comments, can be forbidden from publishing again by guestbook creator or the Administrator. Additionally, French law punishes injurious and defamatory offences, and as a consequence, any person found guilty of such offences will be tried under the law. Conforming to article 27 of the “Hadopi” law of 06/12/2009 and article 6 of the law of June 21, 2004 on trust in the digital economy, the responsibility of the publication manager – Bénédicte Lanfrey – is not engaged until she has knowledge of the message before being published online or if, at the moment that she had knowledge, she acted promptly to remove the message. As a consequence, an alert system allows each internet user to alert the publication manager of the illegal character of a message in order that she can proceed with its removal as quickly as possible. Additionally, all racist, xenophobic, homophobic, hateful, pornographic, violent or generally unacceptable comments, comments that contravene professional secrets, and more generally, any illegal comments, are forbidden and their authors will be immediately forbidden from using the service. The author’s “Free Guestbook” accounts will be immediately deleted. Conforming to article 323-1 of the Penal Code (Order no. 2000-916 of September 19, 2000, art. 3 of the Official Journal of September 22, 2000 coming into law January 1st, 2002), which clarifies that, among other things, “that the fact of accessing or maintaining in a fraudulent way, in whole or in part, an automatic data treatment system is punishable by 2 years of prison and a fine of 30,000 euros,” the user is forbidden from returning to the site via another connection or using another IP address after having been temporarily or permanently excluded from the service.

7 – Intellectual Property Rights

The graphic charter of the internet site was designed by Marie Ben. As an original creation, it is protected by copyright, and as a consequence, you may not counterfeit this charter with being exposed to sanctions found in articles L.335-2 and following of the Intellectual Property Code.

8 – Responsibility

The users of the “Free Guestbook” site recognise that internet networks can suffer from technical problems which are beyond the control of the site Administrator. As a consequence, if connection problems occur, if the access to the site is unavailable given damages to the host or to data, the Administrator is not responsible. The data transfer rates and response times for information from the “Free Guestbook” platform to the internet are not guaranteed by the “Free Guestbook.” The user recognises that the transmission speed of information does not depend on the Services offered by the “Free Guestbook,” but on characteristics inherent to the electronic communications network and technical characteristics associated with its connection method (RTC, cable, ADSL, etc.) and their internet access. The “Free Guestbook” does not provide personalised assistance. Users can, however, sent their comments about the Services to the following email address: marieben56@gmail.com, without the comments creating an obligation for reply or treatment by the Administrator.

9 – Public Release of Information found on the Site

Users of the “Free Guestbook” recognize that they have taken note of the site’s goal, and notably the fact that their publications will be subject to public release. As a consequence, if the published content is susceptible to be protected by copyright (drawings, poems, videos…) given that they are “original” and characterised by the “author’s mark,” the Administrator cannot guarantee their protection against piracy or misappropriation. However, as creator of the work, you may take legal action if your work(s) is counterfeited. In effect, we remind users of the site that a work is protected by copyright on creation, and no formality is required to guarantee its legal protection, conforming to article L.111-1 of the Intellectual Property Code. Additionally, the site Administrator forbids the misappropriated use of information published on the site nor the reuse or sale to third parties: the Administrator commits to respecting the content covered by the present General Conditions of Use.

10 – IT and Freedoms

In application of law 78-17 of 01/06/1978, please note that nominative data that is requested from Users is necessary in order to allow for the proper use of the site. The use of information communicated by the “Free Guestbook” site intermediary has been subject to a declaration with the CNIL. The User has, conforming to national and European regulations in place, a permanent right of access, modification, correction and opposition pertaining to information that concerns them. This information will not be rented nor resold to third parties for advertising or commercial purposes, and will only be used by the Administrator for the proper functioning of the site and their own commercial offers.

11 – Applicable Law and Litigation

The present General Terms of Use and the “Free Guestbook” site are subject to French law. In case of litigation stemming from the use of the “Free Guestbook” site or the interpretation of the present terms of use, internet users must address their cases to the Vannes Court of First Instance.

12 – Orders

The creation of a web and mobile format guestbook is free. However, if a person would like to obtain a physical guestbook, they can order one from the site www.lesmotssontdescadeaux.com in order to obtain a paper version. The General Conditions of Sale are found of the “Words are Gifts” site. We remind purchasers that on purchasing a guestbook, as a personalised product, they cannot retract the transaction, a right exists in matters of online sales, conforming to article L121-20-2 of the Consumer Code.

Legal Mentions

The site editor is Bénédicte Lanfrey – www.lesmotssontdescadeaux.com – MA BOHEME SARL

Domiciled at the following postal address: 25 rue Renan – 56000 VANNES

Telephone: 02 90 92 02 11

Publication Manager: Bénédicte Lanfrey

The site was developed / hosted by Artwaï

IT and Freedoms

The site users are informed that, conforming to article 27 of the Law on IT and Freedoms of January 6, 1978, the information communicated by the user in the forms present on the site is required for their request, and are addressed to the editor of the site, who is responsible for managing them for the purposes of administrative and commercial management.

CNIL Declaration no. 1510479

Exercising Rights of Access

Conforming to article 34 of the IT and Freedoms Law, users of the site have rights of access, modification, correction and deletion of the data that concerns them. To exercise their rights of access, the user must contact Bénédicte Lanfrey by email: marieben56@gmail.com. For more information on the IT and Freedoms Law, you can consult the CNIL website: http://www.cnil.fr.

Copyright

The brands and logos found on this site are registered trademarks of the site editor. Their use does not provide in any way a licence or right of use of said brands, which as such cannot be used without the prior consent in writing of the brand owner, and can constitute a counterfeit infraction. All of the information presented on this site can be downloaded, reproduced, or printed provided that:

•  the information is only used for personal purposes and in no way for commercial purposes;
•  the information is not changed in any way;
•  the mention of site editor’s copyright is found on all copies. All other use that has not be expressly authorised or any total or partial representation of this site in any form is strictly forbidden without prior written authorisation from the editor, and constitutes a counterfeit infraction as covered by articles L355-2 and following in the Intellectual Property Code.