Terms and Conditions of the website www.bulbinblue.com

This agreement was originally written in French. Date of Last Revision: 20th May 2010

Preamble

The aim of Bulb in Blue is to develop the creativity of everyone by supporting the exchange of good methods and techniques as well as giving tips and ideas, all beyond the limitations of borders. To this end sharing the same ethics animates our team. We wish to offer a high-quality editorial content by favoring the diverse points of view. Therefore we concentrate on information provided by different sources, whether they are professional or amateur. In fact, one part of our website was created by our team in collaboration with specialists, other parts were revised by our team in partnership and agreement with their authors, and a last part was created by Internet users themselves. These contributions can be in the form of comments, messages or DIY projects and are subject to modifications made by the Blue-team afterwards.

Article 1: Parties

The presented Terms and Conditions are agreed between:

KALLIWEB, SARL (Société à responsabilité limitée) under French law. The closed corporation with a capital of 9370 euros is entered in the “Registre du Commerce et des Sociétés” (RCS) de Paris with the number 498 112 655 and the business address: 14c Villa de l'Industrie, SAINT-OUEN, FRANCE

from now on designated as “Blue-Team”, “Bulb in Blue” or “we”,

and

ALL PERSONS physical or moral, private customers or professionals, of private or public law, users, contributors, translators, or others, using Bulb in Blue

below will be designated as “User” or “you” from now on.

 

Article 2: Definition

•    “BlueSurfer”: Every user of Bulb in Blue who has a user account.
•    “Terms and Conditions” or “Terms”: present contract.
•    “Content”: all information, data, text, software, music, tones, photos, images, videos, messages, of all kinds, on the Bulb in Blue site.
•    “Contributions”: comments, messages or DIY projects posted by the User on Bulb in Blue, via mail, upload or any other method aiming to publish something on Bulb in Blue.
•    “DIY project”: Contribution posted by the BlueSurfer himself, which was not revised by the Blue-Team. This can be a Creation (Contribution invented by the BlueSurfer) or an Interpretation (Contribution created in response to a Creation or an already existing Official Page).
•    “Official Page”: DIY project of which the content was revised and formatted by the Blue-Team and then authorized by the BlueSurfer who was author or translator.
•    “Creative moods”: rubric in the user account where the User is able to share his current creative mood in a few lines.
•    “Contributor”: Editors, companies and translators, whose Contents are accessible on Bulb in Blue.
•    “Code of Conduct”: appendix to the present Terms and Conditions which defines the rules of employment and decency, for appropriate behavior, which must be obeyed by every User of Bulb in Blue.
•    “Services”: All services offered by Bulb in Blue to the User, as defined in article 4 of the present Terms.
•    “Website”: the internet page with the address www.bulbinblue.com and all its foreign versions.

     

Article 3: Object – Scope of application

The present Terms and Conditions define the legal, technical and financial conditions of this service contract, agreed between Bulb in Blue and the User.

The present Terms and Conditions are applied to the contractual relation between Bulb in Blue and the User, excluding all other conditions, most notably those of the User.

Any new feature improving or enhancing one or several already existing services and any new service created by Blue Marguerite will be subject to the Terms.

All use of the Website implies acceptance of the Terms and Conditions. Due to the contractual character of Terms and Conditions, Bulb in Blue authorizes the User to employ the Website if he/she accepts the present Terms. In fact, the User confirms, that he read and understood the Terms and accepts them as they are, by checking the box “I have read and agree to the Terms and Conditions”.

Every time the User logs in his account, he/she accepts the present Terms and Conditions, or if this is the case, to the new Terms and Conditions displayed by Bulb in Blue, by clicking on “log in”. Bulb in Blue endeavors to inform the BlueSurfers about the new Terms and Conditions 15 days before they become effective.
Article 4: Description of Services

 

Article 4: Description of Services

4.1 General presentation

We offer an assortment of Services that enable access to a variety of Contents. These Contents, whether translated or not, may come from Bulb in Blue as well as from a BlueSurfer or a Contributor.

The Services can prompt messages of our part, about the functionality and development of Services, special offers or public notifications.

Some Services offer a place for communication, which enables you to share thoughts with exclusive and well-known people, for example through comments on their Creative moods or Contributions, but especially through the guestbook in everyone's BlueSpace.

These messages are not suitable for private correspondences because every BlueSurfer can read them.
 

4.2 Services offered to the User

All Users, most notably those without a user account can access following Services:

    * Consultation of the Site's Content: only the access to VIP (Very Important Projects) requires you to create/log-in to a user account.
    * Possibility to print pages and to “send to a friend”.
    * Sign up for the newsletter, to receive information via e-mail.

4.3 Services offered only to BlueSurfers

Only BlueSurfers (Users who have opened an account) can access following Services:

    * Possibility to contribute to the Contents of the Website in form of DIY projects or pages put online by the Blue-Team.
    * Possibility to add a page to his favorites and to vote for it (only one vote per BlueSurfer).
    * Possibility to comment on Official Pages.
    * Possibility to add the picture of his Realization directly to the concerned Official Page.
    * To access his own BlueSpace, containing:
          o The profile of the User, where he can present himself, make a link to his own website, and talk about his favorite techniques.
          o A "News" tab, which automatically displays all news concerning the User: what he did himself (added comments, favorites, or guestbook-messages) and everything concerning his Contributions (a new comment or vote on one of his Contributions shared on the Website, or in a new Contribution).
          o A "Creative moods" tab, which allows the User to share his creativity in some lines. Other BlueSurfers have the possibility to respond in the form of comments.
          o A "Favorites" tab, where the User can see all pages he adds as a favorite (Official Pages or pages of BlueSurfers), but where he can also follow their news (new Contributions, comments, favorites, votes or Guestbook messages).
          o A "Gallery" tab, where all shared Contributions of the User are presented:
                + Official Pages: those that have been reviewed and put in page by the Blue-Team, and are later validated by the User.
                + DIY projects: those which have been posted by the User himself and which have not been reviewed by the Blue-Team. There are 2 types:
                      # Creation: project completely invented by the BlueSurfer.
                      # Interpretation: project realized after an already existing Contribution (Official Page or DIY project).
          o A "Guestbook'' tab, where BlueSurfers can leave messages for sharing thoughts about BlueSurfers Contributions.

 

Article 5: Website availability

It is technically impossible to provide our Services steadily. Certain technical circumstances involving the internet inevitably lead to the temporary unavailability of our Services. We use our best endeavors to maintain the availability of our Website, but we are not at all obligated to fulfill this endeavor.
Therefore we can interrupt the availability of the Website any time, for maintenance, updating or any other reasons, especially technical or editorial. This can be carried out without advance notice and we cannot be held responsible for any consequences of these interruptions on internet users or third parties.

 

Article 6: Obligations of Users

The User agrees to possess the necessary capacity to conclude and execute the present contract.
The User agrees that he verified if the Services satisfy his demands and that he received from Bulb in Blue all information necessary to sign a present commitment in knowledge of cause.
The User agrees to respect the effective rules and regulations, most notably those concerning the intellectual property and the rights of third parties. The User agrees not to spread defamatory, derogatory, insulting, obscene, violent or racist expressions, opinions and information, or in general, not to spread anything contrary to legal texts or regulations, human rights, moral laws or rules of decency.
The User undertakes to respect the Code of Conduct of Bulb in Blue, which is part of the present Terms and Conditions.

 

Article 7: Moderation

Users' Contributions may be altered afterwards. This signifies that Contributions are directly published on the Website and that they can be reread and modified by Bulb in Blue. The decisions of the Blue-Team concerning the moderation are never to be challenged. By validating their registration, Users accept the authority of the Blue-Team.
In case the Contributions don't respect the law or the present Terms and Conditions, they can be modified or deleted without any advance notice. Contributions containing commercials, personal data or inappropriate information will be deleted as well.
In case of severe or repetitive contempt of these rules, the Blue-Team can refuse the access of the concerned User to the Services and delete the user's account, which would lead to the deletion of all his Contributions on the Website. This can be done without any advance notice and the User bears all responsibilities; Bulb in Blue cannot be held responsible.

If you observe a violation of applicable law or of the present Terms and Conditions, please report it by sending an e-mail to blueteam@bulbinblue.com and specify:

    * your last name, first name and place of residence;
    * a copy of the content you would like to report, along with the URL address of the concerned page or the user name of the content's author;
    * the reasons for which you believe the content should be withdrawn.

All false reports of content, with the aim of its withdrawal, will be prosecuted civilly and/or criminally.

 

Article 8: Inscription of the User

The inscription of the User as BlueSurfer proceeds in following steps:

First step: Connection to Website
When the User connects to the Website, he has the opportunity to inscribe himself in order to become BlueSurfer.

Second step: Creation of user account
To open a user account, the following personal data must be filled in the intended form on Bulb in Blue:

    * E-mail address
    * Username
    * Password

Once the User created an account, he just has to register himself by clicking on "log in" and specifying his username and password.

Third step: Utilization of Services
After validating the registration form, the User can immediately use all Services.

 

Article 9: User account

The User assures that all information he gives to Bulb in Blue for the conclusion and execution of the present contract is exact, current, appropriate and complete.
The User alone will be hold responsible for potential destructive consequences of wrong information. Bulb in Blue cannot be held responsible for any mistakes the User made during data capture.
The User is not allowed to create an account for someone else, spread his password, allow another person to use his account or to compromise the security of his account.
In case of violation against these obligations, the Contents published by the User may be deleted without advance notice, and the access to Services denied or disabled on actual fault of the User cannot be held responsible to Bulb in Blue.
Only the User is responsible for the loss, theft, and piracy and, in general for all illegal or fraudulent utilization of the password, cookies, codes and references placed at his disposal by Bulb in Blue.
Bulb in Blue reserves the right to refuse the access entirely or partly, to all Users not respecting the Terms and Conditions.

 

Article 10: Charges -Delivery

The Services offered by Bulb in Blue to the Users are free of charge.
The delivery that implies the user's account will be placed at his disposal, begins immediately after inscription and in any case no later than 7 days after the inscription.

 

Article 11: Force majeure- Fault of the User

Bulb in Blue does not take responsibility in case of force majeure or faults of Users as defined in the present article.

11.1 Force majeure

The present Terms and Conditions define the following circumstances as force majeure: obstruction, limitation or disruption of Services because of fire, epidemic, explosion, earthquake, failure through no one's fault at the provider, breakdown of communication network, bandwidth fluctuations, collapse of installation, illegal or fraudulent utilization of the password, codes or references given to the User, data piracy, security failure through no one's fault at the web host or the developers, flood, electrical break-down, war, embargo, the law, commands, demand or claim of the government, seizure, strike, boycott or other circumstances beyond our reasonable control. In these circumstances Bulb in Blue will be released of the execution of it's obligations in the context of these these obstructions, limitations or disruptions.

11.2 Fault of the User

The present Terms and Conditions define the following as a fault of the User: all misuse of Services, failure, negligence, omission or deficiency on his part, not to respect the given by Bulb in Blue on it's Website, all illegal utilization or disclosure of the password, codes or references of the User.

 

Article 12: Responsibility of Bulb in Blue

We decline all responsibility for your Contributions. You protect us against all demands, reclamations and/or actions for trespass of which we might be concerned or be the main defendant, and/or which might be brought in an action because of your Contributions, including the lawyer's fees, which may occur.

The responsibility of Bulb in Blue in case of failure of Services is limited to direct, personal and certain damage sustained by the User as a consequence of the Service failure. Bulb in Blue can never be held responsible for indirect damage, such as data loss, commercial loss and trouble, loss or decrease of orders, clients or benefits or damage to a brand's image. In particular Bulb in Blue cannot be held responsible for direct or indirect damage resulting of the loss of data, uploaded by the User on the server of Bulb in Blue.
Our Website mat contain hyper links leading to other websites, which are not carried out by us, and on which we do not hold any control. Consequently Bulb in Blue is not responsible for the content, information, products or services on these websites, and we cannot be held responsible for possible damages, if direct or indirect, resultant of the utilization of these websites. This is most notably valid for the banner ads.

 

Article 13: Right of withdrawal

According to Articles L.121-20, and L.121-20-1 of the Consumer Act, the user has a limit of 7 days to use his right of withdrawal without any need for explanation, and without any financial penalties except for return costs. The User can infringe this time limit in case he cannot move and simultaneously needs to appeal for an immediate provision of services, which are indispensable to the conditions of his existence. In this case, he continues to assert on his right of withdrawal, without any need for explanation, and without any financial penalties. If the time limit of 7 days expires on a Saturday, Sunday or Holiday, it is extended to the following business day.

 

Article 14: Conservation of CONTENTS

Data uploaded by the User is saved on the server of Bulb in Blue. Bulb in Blue does not guarantee, under any circumstances, the integrity or conservation of data uploaded on its server. The User agrees to keep his data himself.
We reserve the right to modify as well as to delete the entire or parts of the Website, without giving advance notice to Users. We cannot be held responsible by the User or a third party for modifying our Website.
The User will take notice of these modifications when they will be put online.

Bulb in Blue cannot be held responsible for a possible loss of data, resultant of a technical error of one of its servers.

Bulb in Blue declines all responsibility for viruses, which might be destructive for the User.

 

Article 15: Personal data - Cookies

15.1 Respect of the Data Protection Act (loi Informatique et Libertés)

Your personal data is collected by Bulb in Blue only to a certain extend and only in the context of executing the given contract. Bulb in Blue undertakes not to diffuse, sell or in general use the information you give for reasons other than executing the given contract.

The file containing your personal rights comes under declaration of the French National Commission of data processing and liberty (Commission Nationale Informatique et Liberté) registered under the no. 1381706 according to the disposition of the law no. 78-17 of 6th January 1978.

You have the right to access, modify, amend or discharge your data by sending an email to blueteam@bulbinblue.com. Bulb in Blue agrees to discharge all your data by your demand directed via email to blueteam@bulbinblue.com.

15.2 Public information

Certain information like your user name, picture, profile, interests, your country or your favorite websites are considered as public information, and come therefore not under the parameters of confidentially.

If you don't want this data to be published it is sufficient not to fill in the according fields.

Note that, all Users registered as BlueSurfers, can follow your actions (comments, creative moods, DIY projects...). You can follow all actions of other BlueSurfers concerning your Contributions or your BlueSpace in the "News" tab in your BlueSpace. BlueSurfers who add you to their “Favorites” can follow all your actions (creative moods, DIY projects, messages...) and news concerning your Contributions (comments, interpretations...) in their BlueSpace under the "Favorites" tab.

The same flow of information is used in different places of the Website, in order to augment their visibility. You have the possibility to inactivate the thread concerning your actions. Like this, the information concerning your actions on the Website will neither occur in your BlueSpace, tab "News", nor in the rubric "Favorites" of a BlueSurfer who added you to his favorites. Only the news concerning the Contents written by you will be shown. The thread of creative moods stays always activated, if you do not write a creative mood in the box, the thread will not be activated.

In order to inactivate the thread concerning all the actions you perform on our Website, just tick the box: "Don't follow my actions" on the "Modify my profile" page.

15.3 Private information

Certain information is always private, like your title, last name, first name and address. By providing us this information you can benefit from our Attractions. Each time you want to participate in one of the Attractions, you will be asked if you wish to transfer this information to the partners of this Attraction.

15.4 Newletter

By typing your e-mail address in the designated field, you authorize Bulb in Blue to contact you at this address for news concerning the content, service or operations of the website, as well as news concerning communications and offers from our Contributors.

15.5 Advertisement

We offer you a Service free of charge, which is mainly supported by advertisements. We do not share your personal information with an advertiser without your authorization. However by using our Services, you accept that advertisers select certain of your personal data, which was made anonymous, in order to improve the specificity of their advertisement.

15.6 Cookies

For the full functioning of our website we reserve the right to install and access cookies on your computer. They enable us to track your sessions and therefore optimize your future sessions. Cookies help us to remember your username so that your login may be filled in for future visits. You can reject the installation of cookies on your computer by changing your browser settings, but this may compromise the functioning of our website.
Please note that by clicking on a banner ad cookies can be installed on your hard disk. These cookies belong to the operators of the banner ads and we have no access to or influence on these cookies or other functions used by these companies. Don't hesitate to inform yourself about the privacy policy of these companies.

Article 16: Intellectual property

16.1 Authorship

When a User publishes a Contribution, his identification will be explicitly mentioned on the page, in order to be associated to his Contribution. Therefore the User will be known to be the editor of the Content. If there is no author mentioned, Bulb in Blue will be named as author.

16.2 Contents published by Bulb in Blue

The contents of the website published by Bulb in Blue are protected by copyright. It is strictly forbidden to copy, reproduce, sell, diffuse or exploit any contents of the website for all intents and/or purposes. Only private use without any commercial aim is permitted.
Given that we took the initiative and raised the investment concerning the establishment, the verification and the presentation of databases published on our website, we are granted the status of producer and therefore benefit of the protections given by article L.341-1 et sqq. of Intellectual Property Law.
All extraction or reutilization of the entire database or of a part, which is qualitatively or quantitatively significant, is strictly forbidden. All extraction or reutilization of qualitatively or quantitatively insubstantial parts, in a systematic or repetitive manner, is strictly forbidden as well.
The contents edited by Bulb in Blue are without obligation. In this aim we have a limited commitment of means and cannot, in any case, guarantee its accuracy or its reliability. We cannot be held responsible for mistakes or omissions, or results that could have been caused by misuse of our contents.

16.3 Contents published by the User

The User declares to possess the intellectual properties and necessary authorizations to upload his Contributions on the Website. The User alone is responsible for his Contributions uploaded on the Bulb in Blue server. The User agrees to intervene, by demand of Bulb in Blue, if it is later accused because of this User's Contribution. The User also undertakes to bear possible expenses, including lawyer's fees and penalties, resultant of this accusation.

16.4 Web-host status of Bulb in Blue

Bulb in Blue benefits from a web-host status for the users’ contributions, after article 6-I-2 of the law for the “Confidence in the digital economy” (loi pour la confiance dans l’économie numérique) as of 21st June 2004. Consequently we can only be held responsible for the users’ contributions to the extent defined by the law for the “Confidence in the digital economy” as of 21st June 2004.

16.5 Utilization license of Bulb in Blue over Contributions

The User allows Bulb in Blue the copyright license of his Contributions free of charge. Bulb in Blue is authorized to allow sub-licenses for exploitation of Contributions. The license is granted in the conditions and limits defined in the following:

16.5.1 License for communication to the public

The User authorizes Bulb in Blue to communicate his entire, or parts of his Contributions on the Website, to the public online. The right to communicate to the public online is adapted for commercial and promotional usage.
This is true for the entire duration of the right. The right to communicate to the public online is valid for exploitation in France and abroad.

16.5.2 License for the right of reproduction

The User authorizes Bulb in Blue to reproduce his Contributions, in order to communicate them to the public online on the Website, and in order to support communication and promotion of the Website.
The User authorizes Bulb in Blue to put his Contributions on several pages of the Website online. The right of reproduction is adapted for commercial and promotional usage. This is true for the entire duration of the right. The right of reproduction is valid for exploitation in France and abroad.

16.5.3 License for the right of adaption

By ticking the field "I authorize the translation", or by leaving it ticked, the User authorizes Bulb in Blue to translate his Contributions in all languages, in order to publish it on foreign-language pages of Bulb in Blue. The right of adaptation implies also the right to carry out technical modifications, which are necessary to exploit the Contributions in other formats. The User authorizes Bulb in Blue to adapt his Contributions, in order to realize Official Pages and Interpretations. The right of adaptation is allows for commercial and promotional usage. This is true for the entire duration of the right. The right of reproduction is valid for exploitation in France and abroad.

16.6 Official Pages

Bulb in Blue realizes Official Pages on the basis of Users' Contributions. Bulb in Blue undertakes to contact the concerned User, before adapting his Contributions. Before we publish the Official Page, Bulb in Blue sends the finished Official Page to the User, in order to get his approval to the adaptation made of his Contribution.


16.7 Interpretation

Bulb in Blue authorizes the User to adapt DIY projects and Official Pages, in order to realize Interpretations.

 

Article 17: Customer service

The Users are kindly asked to read the frequently asked questions (FAQ) on the Website before posing their questions and reclamations. If necessary, they can be sent via e-mail to blueteam@bulbinblue.com.
Bulb in Blue will answer via e-mail within a reasonable time.
In case the User might not obtain the desired information or answer, he can reach Bulb in Blue on the following number: 0033 1 83 62 68 70(French landline) from 10:00am to 12:30pm and from 2:00pm to 5pm; Monday through Friday.

 

Article 18: General disposition

In case Bulb in Blue does not exercise the rights listed above, this can never be interpreted as a nullification of these rights.
The nullity of one clause of the present contract, does not imply the nullity of other clauses or the entire contract; they maintain their effectiveness. In these conditions, the parties have to replace the nullified clause by a valid one, which corresponds as far as possible to the sentiment and intention of the present clause.
The costs of connection to the Website and, in general, the costs to use all communication techniques used by the User, to have access to services of Bulb in Blue, are completely born by the User.
The exchange of information between parties can proceed via e-mail. The languages proposed for the conclusion and execution of the present contract are English and French.
The rights and obligations of Bulb in Blue, described in the present contract, can be ceded or transferred in case of a fusion, an acquisition, a disposal of activity or any juridical or arbitrational accord or decision.
The User undertakes to take notice of all messages sent to him by Bulb in Blue on the e-mail address declared in his user account.

 

Article 19: Applicable law -Attribution of competence

French law only regulates the relations between the parties for the usage of the Website.

In case of conflict with a User, not consumer, an exclusive jurisdiction of the Court of Justice in Paris will be requested, regardless of plurality of defenders or warranty claims, emergency measures included.