Terms & Policies
Posted: March 25, 2016
SMASH is a website which is accessible at the URL https://fromsmash.com (hereafter the Website). It is detained and operated by the company Skoring and Co, a limited liability company with a share capital of Euro 30,683, registered under number 521 574 079 of the Commercial registry of Lyon, having its head office at 2 rue de la Claire, 69009 Lyon, France.
SMASH is a multi-support digital platform to transfer files, which has the advantage of allowing a preview of the files before their downloaded.
The General Terms are governed by French law and are applicable worldwide.
In the event one of the provisions of the General Terms were declared null and void or deemed unwritten by any law, rule or regulation or as a consequence of any court ruling, all of the other provisions would remain applicable.
The General Terms have been translated in several languages. In case of differences of interpretation, it is agreed that only the French version shall prevail.
SMASH reserves the right to modify without notice the content of these General Terms. The User is therefore required to consult them regularly.
All modifications of the provisions of the General Terms will apply without indemnity even if a direct or indirect damage occurs.
APPROVAL OF GENERAL TERMS
The User is deemed to have accepted the entire provisions of the General Terms as soon as he connects to the Website and when he maintains connection to the Website.
The User who refuses application of the General Terms must immediately close the connection to the Website.
HOW THE SERVICE WORKS
The specificity of SMASH is to offer a preview of the files before they are completely downloaded.
The files are primarily generated on SMASH by an uploading from the User/Sender’s computer.
Once uploaded, the files are installed on the servers of SMASH where they will remain accessible during 7 consecutive days.
During this period, the User/Recipient who transfered files will receive an email from the User/Sender inviting him to connect to the SMASH platform via a link.
SMASH guaranties that the access to the files is reserved to the User/Recipient, excluding any other person whose email will have been filled in by the User/Sender. Exchanges between Users are therefore totally confidential.
The User/Recipient will be able to download the files on the platform, and if he wishes to do so, to preview all of the files in high quality beforehand.
At the expiry of the 7-day period, the files are automatically deleted from the servers of SMASH in order to leave enough space to allow further transfers to be made.
The transfer capacity of files via SMASH is unlimited in terms of size.
The maximum number of transfer recipients is unlimited per transmission.
The services offered by SMASH are free.
LIMITATION OF LIABILITY OF SMASH
SMASH makes its best efforts to offer an optimal guarantee of security of the transferred data. The technical specificities of the Internet network do however not allow a total infallibility of the security system and do not permit to avoid certain interruptions or temporary suspensions of publications. In such a case, the User is immediately invited to report any dysfunctions on the Website to the maintenance department of SMASH who will process this request within the best delays.
If notifications are not made in due course, SMASH cannot be held liable.
PUBLICATION OF FILES
SMASH promotes a loyal and respectful use of the Internet network, regarding legal obligations and morality.
Yet, SMASH does not have the possibility to control the content of the files uploaded, exchanged and published by the Users.
In this respect, SMASH is subject to the legal status of web hosting provider as defined by French law, more specifically Statute n°2004-575 dated 21 June 2004, Loi de Confiance dans l’Economie Numérique (LCEN). According to this status, SMASH cannot be held liable for any direct or indirect consequences of the publication, exchange and/or uploading of files with an illicit content (see reduced liability system provided by articles 6-2 and 6-3 of the LCEN Statute).
In accordance with the provisions of the French LCEN Statute, any person can inform SMASH of any illicit content by reporting an alert under the following strict conditions.
All reports must be made preferably in writing at the address: email@example.com and must imperatively contain the following indications:
- Date of the report,
- Identity (name, surname, address, date of birth, email address etc.) of the person making the report,
- Detailed description of the reported item, and detailed reasons why the item is illicit,
- Precise localisation of this item (such as URL),
- Copy of the written report previously sent to the author, editor of the illicit item if he is identified or identifiable.
Upon receipt of the report, the services of SMASH, once they have checked that the report is grounded, will make their best efforts to remove the file with an illicit content, as specified in the notification, within a reasonable delay.
Reports that do not comply with the above indications shall not be processed by the services of SMASH.
The User commits to follow SMASH’s philosophy, and in this respect, to refrain from publishing illicit files on the Website and more generally to refrain from directly or indirectly affecting the rights of any third parties.
As regards the transfer of files, it is strictly forbidden to infringe in any way on copyrights and other rights attached to the files.
The User refrains from publishing, transmitting or uploading any file containing statements or other elements of an illicit nature, such as but not limited to elements that:
- are insulting, derogatory, racist, sexist, xenophobic, revisionist, defamatory, or that compromise the integrity, honour, reputation or image of any person or entity,
- are pornographic, pedophile, or that compromise private or public interests or image,
- affect public order,
- infringe the rights of one or several third parties, such as intellectual property rights (copyright), industrial property rights (trade marks and designs, patents…) or image rights of persons,
- advocate or incite to hatred, to committing an offence or crime, incite to suicide or self-harm,
- preach hatred, war crimes, crimes against humanity, or acts of terrorism,
- breach confidentiality of correspondences, professional secret, or confidentiality of investigations,
More generally, any element of any form or nature, which is contrary to morality or applicable rules and regulations.
Moreover, the User must refrain from collecting personal data concerning other Users to which he may have access, and to make any illicit and/or commercial use of this data.
PROTECTION POLICY OF THE RIGHTS OF SMASH
The User must understand the following:
Several rights are likely to be attached to a file:
- Copyright (intellectual property rights),
- Image rights of the persons on the image,
- Image rights of artistic creations (such as but not limited to paintings, sculptures, pictures, furniture, decorative items etc.) featuring on the image and protected by an intellectual property right if they are the principal subject of the image,
- Trademark, design and patent law.
In this respect, Users are notified that they must, prior to any transfer, uploading or exchange of files on SMASH, ensure that they hold the entirety of rights or, if applicable, have acquired the rights attached thereto.
They remain solely liable for actions in response, in particular in case of counterfeiting or other prejudice to the rights of third parties, resulting from a transfer of files that they have initiated.
On its side, SMASH commits to guarantee the total confidentiality of the files uploaded and transferred between Users. No other person, with the exception of Users/Senders or Users/Recipients chosen by the User/Sender will have access to the files.
SMASH will refrain from trading in any way the files uploaded and exchanged between the Users.
PROTECTION OF PERSONAL DATA AND INFORMATION
For the purpose of the activity of the Website, the User/Sender must provide personal information for identification, such as his name, surname, email address, together with the same information concerning the User/Recipient.
SMASH refrains from trading this data to third parties and from implementing any mailing policies or newsletters even to promote its own activities.
This data that is processed automatically is used exclusively for the purpose of the Website.
In accordance with French Statute n°78-17 dated 6 January 1978 on data protection and freedom modified by Statute 2004-801 dated 6 August 2004, SMASH has filed a declaration (n°1942171) to the Data protection and freedom national commission (Commission Nationale de l’Informatique et des Libertés - CNIL) as regards collection and processing of the nominative information concerning the Users.
In accordance with article 34 of the French Statute of 6 January 1978, all Users have the right to access, modify, correct or delete the personal data concerning them that can be exercised at all times via the following email address: firstname.lastname@example.org.
PROTECTION OF THE ELEMENTS OF THE WEBSITE IN RESPECT OF INTELLECTUAL PROPERTY RIGHTS
SMASH or third parties have the full ownership of these elements. Therefore, any reproduction, publication, full or partial transmission of these protected elements, whatever the purpose may be, is forbidden as it would breach the French intellectual property Code. Any person who violates intellectual or industrial property rights can be prosecuted before French Civil or Criminal Courts.
APPLICABLE LAW AND JURISDICTION
The General Terms, their application, non performance and interpretation are governed by French law. If any dispute, of whatsoever nature, be it relative directly or indirectly to (and not limited to) the validity, interpretation, enforcement or non performance of the General Terms, arises between the Parties, it shall be brought before the Courts within the jurisdiction of the Court of Appeal of Lyon, unless otherwise provided by law.
The General Terms are protected by the provisions of the French intellectual property Code and competition law. Any person who reproduces them fully or partially may be prosecuted before Civil or Criminal Courts.