Last updated: 15/05/2017
Welcome to the website Boichi.com and its services (hereafter “Website” or “Website and services”) edited by BoichiCom.
On this page, you will find your rights and obligations before BoichiCom when you use the website and its services.
The whole website as well as each element which compose it (brands, logo, texts, sounds, pictures, drawings, videos, animations, databases… this list not being exhaustive), are the exclusive property of the company BoichiCom (or of third party from which it obtained a license) and are protected in the name of the intellectual property rights, specifically of copyrights, in France and abroad.
You commit to respect those rights and particularly not to replicate, represent, modify, publish, adapt on any kind of supports, whatever the mean, any of the elements that belongs to the website, unless you were expressly given the authorization by the company BoichiCom or the right owner.
You have a right of use, individual, personal, non-collective and non-exclusive, of its content.
Subject to the exceptions of the copyrights set out in article L.122-5 from the intellectual property Code, any other use of the content is subject to explicit prior authorization from the company BoichiCom, particularly in case you would consider communicating the content on another Website.
Any violation of these mandatory stipulations exposes the offender to prosecution under the criminal and civil laws.
For any authorization request, you may liaise with the company BoichiCom using the appropriate contact form or using the following email address [email protected]
The links present on the website can direct the user towards external sites whose contents can in no manner engaging the responsibility for the company BoichiCom.
The contents present on the website are a massive amount of information. Despite the audits, inaccuracies may remain. The company BoichiCom shall not be held liable.
The company BoichiCom commits to implement all the means required allowing access to the website, but is in no way liable in case of dysfunction during use or consultation of the website, whatever the origin and whatever the mean used to access the website.
How to access the website?
The website consultation is access free from any device (computer, smartphone, digital tablet).
Access to certain web pages can be restrained to a certain age range. An informative message will show up before the web page is displayed and the birth date shall be filled in the provided field.
To access some certain services, an account creation is needed.
How to access services?
The creation of a “junior user” account, named on the website “Henchmen”, is required to access the following website services:
- Profile configuration
- Notifications and newsletters reception by email
- Notes and comments issuing
- Chat forums access and participation
- Participation in contests
The creation of a “senior user” account, named on the website “Lieutenant” is required to access the following website services:
- Profile configuration
- Notifications and newsletters reception by email
- Notes and comments issuing
- Chat forums access and participation
- Participation in contests
- Ability to give reviews, to submit a dossier, to offer critics.
The company BoichiCom can create new services with free access or subject to regulation services and/or decide that a free access service will be submitted to regulation.
How to create a “junior user” account or a “senior user” account ?
To create an account, you must fill in the appropriate form Register and Account containing mandatory information (marked with an asterisk) in order to complete your access and services use request to the website.
You must communicate: your username, email address. The password will be created after following the link in the confirmation email sent (the password will be kept in encrypted database).
You will be able, if you wish, to complete your profile with extra information: your picture, social networks, websites.
The following data will be kept confidential: name, surname, email address, password.
When you fill up the account creation form, you commit to communicate accurate, up to date and complete information.
Failing that, the company BoichiCom can suspend and/or close the account and/or block any new access and/or services use.
To finalize your application, you must accept expressly and without any reservation these Terms and Conditions of Use represented by a mandatory box to tick “I hereby acknowledge that I have read and agreed to the rules stated in the Terms and Conditions of Use”. By ticking this box, you acknowledge that you have the legal capacity to enter into agreements with such a convention or that you have the agreement or an entitled person.
You can subscribe using your social networks accounts (such as Facebook, Twitter, Google+. In this case, you are solely responsible for the respect of the obligations towards the publishing companies of these social networks.
How to manage your account?
By logging into your account, you can at all times update your data and modify your password.
You can also delete content you published.
How to delete your account?
By logging into your account, you can at all times delete your account.
Your data will be automatically deleted within one month of the date you request the deletion of the account. During that time, you can ask for the reactivation of your account using the contact form or sending an email. Once this time over, your data will be definitively deleted and all your publications will became anonymous. Your publications will be set as “unknown user” or “Anon”.
During the subscription, information marked by asterisks must be given to allow your identification.
Your personal account will be secured using a login and a strong password with 8 characters and at least one capital letters and one digit.
You may also log in using your social networks accounts (such as Facebook, Twitter, Google+,…).
The login and the password you choose must be legal and must not violate any rights or freedom of third parties, be morally reprehensible or be against public morals.
Your password is personal and confidential. You are solely responsible for it. You commit not to disclose it to third parties and to take all necessary precautions to prevent fraud by third parties.
It is recommended that you disconnect from your account at the end of each session by clicking on “Disconnect” button (or sentence of equivalent meaning).
You commit not to give access to your account to any third party.
Any connection, publication or data transfer performed using your password will be considered being performed by yourself and at your sole responsibility.
If you suspect a third party uses your password, or any other matter regarding your account security, you must immediately warn the company BoichiCom.
If you have forgotten your password, tick the box “password forgotten” (or sentence of equivalent meaning) and follow the instruction.
What rules apply ?
As a user of this website, your rights and guarantees are governed by the following clause, subject to the modified French Data Protection and Freedom of Information law (“Informatique et Libertés”) n° 78-17, the 6th of January 1978 and to the law to support confidence in the difital economy (“LCEN”) n° 2004-575, the 21st of June 2004.
In the event of a dispute, the French law applies, subject to the mandatory rules of the user’s country of residence.
Who treats your personal data?
As a publishing company of the website Boichi.com, the company BoichiCom is responsible for the personal data treatment and is the only one to treat your personal data with, if applicable, the assistance of independent companies under its responsibility.
What is our personal data management policy?
The company BoichiCom respects the European and French regulations regarding personal data protection.
Personal data treatment implemented by the company BoichiCom have been notified to the National Commission for Data Protection and Liberties (CNIL).
What are the personal data we treat?
We collect personal data that you provide to us: name, surname, pseudo, address, email address, login, password (kept in encrypted database), photography, age, gender, interests, social networks accounts, comments and contents published on the website.
The mandatory data are marked by an asterisk. You can choose not to provide us some information, however this may prevent you to access certain services or functionalities of the website.
The following data are automatically collected, using, among others, cookies: IP address, date and time of connection to the website and its services, navigation data of your device on our services, data related to your browsing session on the website (response time of a web page, failed uploads, duration of certain pages view, information regarding interactions on a webpage such as mouse clicks and moves actions, methods used to browse from a web page).
You can prevent the automatic collect of certain browsing data, particularly by configuring their web browser (for more details, please refer to the article concerning “Cookies” in this General Terms and Conditions of Use).
When using a mobile device (computer, digital tablet, smartphone, etc.) to access to the website, its services and particularly your personal account while localization function is active, we might receive related information. To control this transfer of information, please refer to the localization parameters of your mobile device.
Why do we treat personal data?
We use some or all of these data to allow you to:
- create and manage your personal account;
- receive newsletters you registered for;
- give score or comment about a content;
- publish content on the website;
- use one of our services;
- participate to a competition organized on the website.
We also use some or all of these data to:
- communicate with you;
- answer to your requests;
- improve our services.
Who are the recipients of your personal data?
Personal data collected or received by the company BoichiCom are intended for entitled people of the company BoichiCom i.e. employees and contractors acting on behalf of the company BoichiCom and following its instructions, and to authorized third parties (i.e. third parties entitled by the law on certain request: judicial authority, administrative authority, your internet access provider).
The company BoichiCom does not transfer your personal data without your express agreement under any circumstances. Partners of the company BoichiCom can receive information regarding your personal data only when you gave your express agreement.
Which personal data are public?
The company BoichiCom give free access to your pseudo only, in order to have your comments, publications and contributions identifiable for the other website users.
You can decide to give free access to other personal data of your choice.
For how long are your data kept?
Your data are kept as long as your account is active and until your account is closed.
When your account is closed, your data are automatically deleted within one month of the date you request the deletion of the account. Some of your data can be kept if they are needed to fulfill legal or statutory obligations the company BoichiCom are subject to, or in the context of a litigation or to prevent fraud and abuse. Apart from these cases, your data will be definitely deleted or made anonymous.
What are your rights?
You have a right of access, of query, of modification, of rectification, of deletion, of opposition of your personal data.
How to exercise your rights?
To answer to your request, please provide a copy of your identity card so that we can check your identity.
You can also exercise your rights by logging into your account and using the functionalities allowing you to access, modify, correct, delete your data, to delete your content and delete your account.
You can delete all your data by deleting your account. Please refer to the paragraph [CREATION, MANAGEMENT AND DELETION OF YOUR ACCOUNT].
Parents and entitled people are in charge to determine what websites and services the minor is allowed to use, and how he uses them.
The opening of an account by a minor on the website Boichi.com and the use of its services must be authorized by the parents. Any minor having an account is supposed to have the authorization from their parents.
We draw attention of parents on the use made by their children on the internet. We recommend to parents to verify that their children do not fill online forms and do not communicate their personal data without their authorization.
The company BoichiCom reserves the right to request at any time a written justification and to delete any account of a minor user if this justification cannot be provided.
The account of a minor user is deleted as soon as their parents requested it to the company BoichiCom.
What is a cookie and what is its use?
A cookie is a small text file dropped in your computer, your phone or your digital tablet when you visit a website.
In your computer, cookies are handled by your internet browser.
When you visit the website, cookies are likely to be registered or read according to your parameters.
According to the regulation regarding personal data protection, website responsible representative must inform the website users and get their consent before installing certain kinds of cookies or any other trackers, whatever the device (computer, smartphone, digital tablet, …).
Certain cookies, considered as necessary to provide a service expressly requested by the user do not require a prior consent, whereas the other cookies require a prior consent.
What cookies are used on the website and why?
The user is informed that, during the visit of the website, cookies can automatically be installed on its browser.
Please find below the list of cookies used on Boichi.com:
|Type of cookies||Needs a prior consent|
|“Session login” cookies during the time of the session||NO|
|Cookies for authentication allowing to remember your password to access your account.||NO|
|“Load balancing” cookies||NO|
|Cookies to set your parameters||NO|
|Cookies to measure the traffic of the website and improve it (such as the most viewed web page, search trends in,search engine…)||YES|
|Cookies to generate social network sharing button (such as “like” button of Facebook or sharing button of website content to social networks).||YES|
How to accept or reject cookies?
Cookies can be deactivated at any time through your browser settings. Your browser can also be set to let you know when cookies are dropped on your device and whether you want to accept them or not. You can accept or reject cookies one by one or all at the same time.
For more details about settings of your browser cookies, please refer to the help page regarding cookies.
What are your rights on the contents you publish?
To the company BoichiCom, you remain the owner of the content you publish. You simply grant a simple licence to the company BoichiCom to publish on the website and its services.
On this basis, you are free to delete all contents you published.
What happen to your publications when your account is closed?
When your account is closed, all your contents are made anonymous and are set as “unknown user” or “Anon”.
Before closing your account, you are responsible for deleting the contents you do not wish to be seen published as “unknown user” or else we recommend to sign all your contents.
Thus, before publication, you are responsible to sign all contents (texts, pictures, photographies, etc.) on which you claim a right, particularly of intellectual property. The signature must be inserted directly into the content.
In any case, if you do not wish to see any information, idea, creation or any other content used, modified or adapted by others, it is your responsibility not to publish it on the website or on its services. Indeed, the company BoichiCom is unable and not in charge to guarantee their protection.
In general, you commit to use the website and its services in a legal and fairly way and not to violate, deliberately or not, any law or local regulation, national or international in effect and the present General terms.
Failing that, your civil or criminal liability may be engaged.
What are your responsibilities when you publish on the website?
When you decide to contribute by publishing contents on the website, whatever the kind of contents (such as comments, opinions, texts, pictures, photographies, sound, this list not being exhausted) you are held liable in a civil and criminal way for this contribution.
Therefore, you commit that your contribution does not have any element likely to violate the right of third parties. Particularly, you must ensure to have the necessary authorizations or to be the author and owner of the content you publish.
What are the forbidden uses?
You commit not to use the website and its services for, among others:
- transmit any content liable to infringe upon public order and common decency;
- transmit any pedophilic content or content likely to adversely affect in any way minors or children and teenage protection;
- transmit any content that praises or encourages to commit crimes and/or infractions or terrorism acts; to incite discrimination, hate or violence based or race, ethnic group, religion or country;
- transmit any content that may infringe personal privacy, harassment, third party private life threatening, hateful, racist, homophobic, anti-Semitic, xenophobic;
- transmit any harmful, threatening, abusive, defamatory, vulgar, obscene content;
- transmit any content that incite to the use of drugs or prohibited substance, indirect advertisement for alcoholic drinks, tobacco or tobacco products;
- transmit any content stating or encouraging to cruelty towards animals;
- transmit any content prohibited to broadcasting, particularly by legislative or legal action (such as inside, privileged, confidential, learnt or disclosed within the framework of an employment contract or a confidentiality agreement);
- transmit without prior and written authorization any content covered by an intellectual property right (such as patent, utility model, registered design, trade secret, copyright, database) or right of the personality or private identity information.
What are your commitments?
- not to counterfeit elements of the website and its services;
- not to collect or store data in order to create a database;
- not to divert the website or its services to offer products or services or broadcast advertising or commercial messages;
- not to access or try to access to someone else’s account from the website or its services;
- not to impersonate identity of any third party;
- not to introduce yourself as the author of a creation you did not create;
- not to collect, swallow up, use personal or private data present on the website or its services;
- not to engage any technical or IT action that could harm or damage the website or its services or undermine and disrupt its access;
- not to delete, divert or try to divert the technical measures that aim to the protection of the website or its services or the website content published by other users.
What are the consequences of non-observance of these commitments?
In general, the company BoichiCom cannot in any manner be held liable of the content you publish, particularly because it does not carry any control prior any of your content publishing. Indeed, given the amount of information and contents that can be uploaded on the website or its services, the company BoichiCom is not able to verify these contents.
However, as soon as the company BoichiCom is aware of an illegal content, it can, as its sole discretion, with no delay and no prior notice, proceed to the withdrawing or deletion of this content. In the event of serious violation, the company BoichiCom reserves the right to block or delete your account.
Furthermore, you are informed the company BoichiCom is held, as soon as it received a notification or a report by a third party, to withdraw or delete the content, with no delay and no prior notice.
A notification or a report of a third party is transmitted to the company BoichiCom by completing and sending a notification or a report form that aims to let the company BoichiCom know about any form of harm or abuse.
As a guide, you can follow the following rules of good behavior:
We ask you not to use the website and its services in an abusive way and to respect the website users’ community.
Act in a responsible, honest way and be courteous and respectful towards other users.
Contribute in order to enrich exchanges and community, not to broadcast fake information.
Do not hide your identity to other users.
Do not send spam, unwanted or repeated messages.
Do not publish in capital letters (seen as someone who yells!)
Avoid abbreviations or acronyms that can prevent the understanding of your message.
Any new inscription request to the website or its services can also be blocked.
The provisions described here above are independent of any civil or criminal proceeding, for which you could be pursued by a third party, the company BoichiCom or public authorities.
How to report an abuse?
If you see on our website or its services any kind of abuse or violation, please inform the company BoichiCom by using the reporting form or by sending us a registered post with proof of receipt to the company BoichiCom presenting all the information requested in the reporting form. Your request will be treated as soon as possible.
However, we invite you to consult them on a regular basis.
What is the applicable law in the event of a dispute?
In the event of conflict, you are invited to let the company BoichiCom know any difficulty in order to look for a friendly solution.
Failing that, in the event of a dispute, the French law will apply subject to the mandatory regulations of the user’s country of residence.