Terms of Use

Registration with emyspot and the use of its tools and services require the full acceptance of these terms.

Last updated: 20 September 2024

Preamble

These General Terms of Use (hereinafter the "Terms of Use") describe the terms and conditions under which emyspot (see legal notice) provides a service for creating and hosting personal pages on the Internet.

The content of the websites created on the emyspot platform is not the responsibility of emyspot.

Legal notice

emyspot is published by SARL E-monsite.

SARL E-monsite, with share capital of €62,216
SIRET: 794 282 202 00017
APE: 6201Z
Manager: Arnaud Jibaut

E-monsite
19 rue Lamartine
80000 Amiens, France

09 70 73 70 61 (no support is provided on this telephone number)
contact@e-monsite.com

Acceptance of the Terms of Use

By connecting to the website www.emyspot.com, you undertake to comply with these Terms of Use of the emyspot website, which may be freely modified at any time. You are therefore advised to refer regularly to the latest version of the Terms of Use, available at all times on the website. Any person browsing the www.emyspot.com website is referred to as a "User" by these Terms of Use and, as such, is subject to compliance with them.

Our services are reserved for persons legally capable of entering into contracts under French law. Our services are not available to minors under the age of 18, except under the express authority and supervision of their parents or legal guardian.

Website creation and content

emyspot provides a free space for publishing text and photos online. This content must not:

Be illegal under French law. "Illegal" is understood to mean sites dealing with hacking, piracy, warez, illegal downloading, inciting hatred, sexism, homophobia or crime, or containing pedophile or Nazi material, etc.
Be false, inaccurate, misleading or fraudulent.
Infringe copyright, patent or trademark rights, trade secrets, other intellectual property rights, the right of disclosure, or the privacy of third parties.
Be defamatory, disparaging, slanderous, discriminatory, or incite violence or racial, religious or ethnic hatred.
Contain obscene, nude, pornographic or pedophile content (even as text).
Contain any computer program intended to damage or covertly intercept any computer system, data or personal information.
Offer Internet users the chance to make money using so-called miracle methods (pyramid schemes, affiliate marketing, e-book kits, etc.).
Contain only advertising.
Artificially increase a site's traffic (e.g. autosurf, pop-under, surf bars, etc.).
Be the target of DDoS (denial of service) attacks that harm the stability of the platform, the proper running of the service, and affect other users.

More generally, emyspot reserves the right to unilaterally suspend, without having to justify its decision, any website hosted on its platform. emyspot also reserves the right to modify, without notice, the content, definition and capabilities of the tools made available free of charge to its users.

emyspot reserves the right to deactivate or delete without delay any site whose content harms the image and reputation of its emyspot brand. emyspot thus reserves the right not to be associated with certain types of content.
Users with a free account are allowed to create up to 3 sites. Any request to create additional sites must be subject to specific authorisation from emyspot.
The limit on the creation of pages and blog posts is 10 for the free version.
Users with a paid account are allowed to create up to 15 sites. Any request to create additional sites must also be subject to specific authorisation from emyspot.

Responsibilities

In the event of a dispute regarding a user's site, emyspot cannot be held responsible; only the owner of the account, who is identified by a username and who has accepted these Terms of Use, is responsible for the content of their site. The term "content" refers to all texts, images and media on their pages, except for the elements of the graphic template developed by emyspot. The user is also responsible for comments that visitors may leave on their site and therefore undertakes to check and delete any disputed comment.
In the event of non-compliance with these Terms of Use, emyspot reserves the right to delete the user's account and site without any notice.

In the event of excessive traffic on the user's site that may resemble a DDoS attack, emyspot reserves the right to cut off access to the site, and possibly to the user's other sites, temporarily or permanently. The user will be informed of this and may obtain a refund of their current subscriptions, on a pro-rata basis for the remaining period (in the event of permanent cut-off) or pro-rata to the duration of the access interruption to their site.

User obligations

Upon registration, the user undertakes to provide truthful, correct and complete information. In the event of any change to this information, the user must inform emyspot immediately.
The User undertakes that the content of their site, as well as the content of statements made on the forum and the site https://www.emyspot.com, complies with the laws and regulations in force. It is recalled that only the User is responsible for the content they publish on the Internet and on their site; under no circumstances will emyspot be held responsible for a User's content.
The User undertakes that the content of their site does not infringe the rights of third parties. The user must immediately notify emyspot of any court decision relating to the domain name or the content, or more generally affecting the services used and the user's account.
The User authorises emyspot to promote their site in any way and by any means of communication (in particular the reuse of all or part of the site, its visual appearance, and the addition of links from and to the site). emyspot cannot be held responsible for any damage related to this promotion.
The User warrants that all information, data, files, films, photographs, software or databases belong to them or are royalty-free.
The User undertakes not to use the tools made available by emyspot for any purpose other than the publication of personal or professional pages (in particular for data-storage purposes).
The User undertakes not to include on their site any addresses or hypertext links to external sites that are contrary to the laws and regulations in force, that infringe the rights of third parties, or that are contrary to these Terms of Use.
The User undertakes not to send newsletters or unsolicited messages (spamming or mass mailing), or to engage in any similar use, with their email accounts. emyspot reserves the right to deactivate an email account in the event of a breach of this rule.
The User also undertakes to use the Creative Genius service in compliance with the laws in force and these Terms of Use. They must not generate defamatory, offensive or illegal content using the artificial intelligence made available to them.
The User must ensure that the texts and images created via Creative Genius respect copyright and intellectual property and do not infringe the rights of third parties. Any improper or illegal use of Creative Genius will result in the suspension of the service, without compensation.
The User acknowledges and accepts that Creative Genius is an obligation of means and not of result. The points consumed are non-refundable and non-exchangeable.
The User undertakes to update their site at least once a year. Sites that have not been updated for more than 12 months and have no associated offer will be considered inactive and may be deleted.
The User will receive an email at the address provided on their User account. This email informs them that the site will be deleted within 60 days if no change is made to the inactive site within that time.
If the site is deleted for inactivity, it can still be restored for a period of 30 days. In this case, the User must inform the technical support team of their wish to restore the site.

emyspot's responsibilities

emyspot cannot be held responsible for the content of the User's pages. The User accepts and acknowledges that they are solely responsible for the information, texts, images, data, files and programs contained on their site.
The User agrees to take personal responsibility for, and to release emyspot from any liability, loss, claim, dispute, damage or expense — including legal and defence costs — claimed by a third party or another User as a result of their site or personal page.
emyspot is bound by an obligation of means under these Terms of Use and cannot, under any circumstances, be held responsible for any loss, prejudice or indirect damage of any nature whatsoever resulting from the management, use, exploitation, interruption or malfunction of the Service.
emyspot cannot be held responsible for the content of external sites or for the operation of access to those sites. emyspot does not endorse, and is not responsible for, the content, ideas, opinions, products or services sold on those external sites.
The User acknowledges that they are solely responsible for the hypertext links and Internet addresses they include on their site, and indemnifies emyspot against any dispute or claim relating to these links.
emyspot does not guarantee against, and cannot be held responsible for, the loss or alteration of files or data that the User transfers to their site.
The User agrees to transfer this data and these files under their sole responsibility and with full knowledge of the facts. It is the User's responsibility to take any backup measures they deem necessary.
emyspot reserves the right to include an advertising banner or pop-up window on the User's site, for any advertiser. However, emyspot undertakes not to broadcast any campaign that goes against the rules imposed on emyspot users. Accordingly, no erotic or pornographic banner will be displayed on the emyspot network of sites.
Under no circumstances may the User demand a price or compensation from emyspot or the advertiser. emyspot reserves the right to delete, modify or move this advertising banner without the User's prior authorisation.
emyspot cannot be held responsible in the event of a service interruption and reserves the right to suspend its service for maintenance or update reasons.
emyspot does not guarantee any minimum level of visits to the User's site.
emyspot does not guarantee that the User will achieve any turnover or profit.
In particular, emyspot cannot be held responsible for:
- the malfunction, discontinuity or poor quality of the services offered on the User's site;
- the failure to conclude, or any dispute in the conclusion or performance of, a contract offered on the User's site;
- hidden defects, or the compliance, legality or dangerousness of the goods and services offered on the User's site;
- lies, exaggerations, fraud, violence or fraudulent concealment committed by the User.
emyspot does not guarantee, and cannot under any circumstances be held responsible for, any loss, alteration, inaccuracy or unavailability of the data or statistics generated or stored via the emyspot Stats tool.
The user acknowledges that emyspot is bound only by an obligation of means concerning this tool (provision, reasonable accessibility, standard maintenance). No guarantee of result, performance or continuity of service is given.
It is the user's responsibility to make their own regular backups of their data and statistics, and to check their accuracy. emyspot cannot be held responsible for any decision, action or inaction by the user based on the said data.

Third-party terms of use

By accepting the emyspot Terms of Use, you accept, by extension, the terms of use of the external services below.

YouTube: https://www.youtube.com/t/terms