Terms & Conditions of Sale and Use of the Online Periodical Switch (on Paper)

 

I. General subscription conditions for the periodical Switch (on Paper)

These Terms & Conditions for an online subscription are specified by Association Arts & Sociétés which publishes Switch (on Paper), a non-profit organisation (French Law of 1901), Siren no. 831 893 805, with headquarters at 113 Boulevard Las Planas, 06100 Nice, France.

Article 1. Definitions and scope

Switch (on Paper) is an online publishing platform intended to enlighten the world around us through the prism of the art of our time: how artists and their works offer singular atypical interpretations of society and how they are integrated in the real world.
These Terms & Conditions govern relations with users and/or subscribers, access to the online publishing platform, subscriptions and the use of participative information services for subscribers made available through the website “tigerandjune-dev-switch.pf3.wpserveur.net”.

These terms and conditions are completed by the Terms & Conditions of Use of our website, forming our “contractual framework” (see paragraph II: Term & Conditions of Use of the Switch on Paper website). The details of the different subscription offers, prices and, when applicable, the technical characteristics and use of the services we propose are permanently accessible at our website’s “Subscribe” page. Contracts are submitted to each subscriber before initial acceptance of access or subscription.
All subscribers and users must accept this “contractual framework” which binds them mutually to Switch (on Paper) with no conditions or reservations, thereby providing uniform use of Switch (on Paper) services, regardless of the type of subscription.
Any possible tolerated breach of contract does not imply that Switch (on Paper) will necessarily relinquish pursuing it. In case of nullity of one of the clauses in the contract, all other stipulations retain their force and scope.

Article 2. Conditions for access and subscriptions

Access to the website does not require filling in a form. Subscription requests provide full access to Switch (on Paper) and do require filling in a subscription form and creating a user account enabling subscriber authentication.
A Switch (on Paper) account corresponds to an identifier associated with a password, both of which are strictly personal to the subscriber. They allow all subscribers, via a dedicated interface, to access the subscription, subscribe/renew/modify current contracts or services and consult subscription history.
Once the account has been created, Switch (on Paper) will send an acknowledgment of receipt to the e-mail address entered in the subscription form to confirm acceptance of the subscription request.
Our current subscription offers are those listed on our website in the following categories:
€48 a year
€96 a year
€192 a year
Current offers are posted on the day the order is registered.
The subscription offers for €48 and €96 provide each user with personal access to the service for 1 year, renewable according to current subscription formulas on the anniversary date.

Article 3. Tariffs and payments

Payment of the subscription is made according to current tariffs and conditions on the Switch (on Paper) website. The fee is payable at the time of subscription or renewal, as applicable.
The subscriber is solely responsible for paying all sums due for the subscription. A third party may, however, pay the fee for the subscriber, without having any particular rights.
The only mode of payment proposed by Switch (on Paper) is:
– credit card
Tariffs are posted on the Switch (on Paper) website in euros VAT included. They do not include any costs relating to the equipment or electronic communication necessary for the subscription and use of any services, which remain payable by the subscriber.
In case of failure of credit card payment, except in case of theft or objection, our secure payment service may resubmit the payment request until it is accepted.
In case of repeated defaults in payment, regardless of the mode of payment and after reminders by Switch (on Paper) that remain unheeded, Switch (on Paper) reserves the right to terminate the current subscription, and even prevent any subsequent renewal for a 1-year period as from the date of notification of termination.

Article 4. Our services

The content of the “Investigations” and “Aggregations” pages can be accessed free of charge; they offer contributions by the editorial staff and outside contributors. Freely available Switch (on Paper) publications are published on a weekly basis.
Switch (on Paper) verifies all publications before posting them online.

Switch (on Paper) proposes different subscription formulas. You can view them here.

Switch (on Paper) may offer new services, free or for pay, for which subscription and/or use may be subject to certain criteria or technical limitations, to be specified to the subscriber and/or user.

Article 5. Modifications of Terms & Conditions

Switch (on Paper) reserves the possibility of adapting or changing these GCU/GCS at any time, in which case the user would be informed of the new Terms & Conditions by modification online.

Article 6. Rules of use and limited liability

Creating a user account does not generate rights in itself. It is a declarative procedure for you (title, surname, given name, e-mail address, etc.). The subscriber and/or user must provide personal contact information and modify it in case of change.
On the basis of the information provided, the account is associated with an “Identifier” and a “Password” chosen by the subscriber and that remain strictly personal. Each identifier and password may be used only for a maximum of 3 simultaneous connections.
Each subscriber and/or user recognises and agrees that any use of Switch (on Paper) services via their account is reputed to be under their responsibility with their approval and is strictly personal. Transmission to a third party and the use of these access codes by a third party are strictly forbidden. Non-respect of this rule shall lead to temporary suspension of the subscription after a first warning, and even exclusion, in case of reiteration.
If the password is forgotten, the subscriber may ask to retrieve it, using the “Password forgotten?” function. In case of accidental disclosure or theft of the password, the subscriber must replace it as quickly as possible and inform the Switch (on Paper) subscriber service by e-mail at: contact@switchonpaper.com.
The Switch (on Paper) subscriber service shall proceed, at the subscriber’s request only, with deactivation of the stolen access codes. The subscriber must then choose a new password and possibly a new identifier.
In the absence of prompt or immediate action, the account holder shall be held liable for any loss, theft, misappropriation or unauthorised use of access codes and their consequences.

Article 7. Limitations specific to use of the Internet

Switch (on Paper) agrees to undertake to provide the securest access, consultation and use of information in compliance with the rules of use of the Internet. The site is accessible 24/7, except in case of force majeure or onset of an event outside the control of Switch (on Paper) and on condition of possible outages and maintenance necessary for proper operation of the site. Maintenance operations may be undertaken without informing subscribers beforehand.
The subscriber uses Switch (on Paper) as is. The subscriber also accepts the characteristics and limitations of the Internet, recognising in particular that:
– using the site is at his/her own risk;
– the site is accessible “as is” and according to its availability;
– all downloading by the subscriber is his/her responsibility;
– the subscriber is solely liable for any damage to his/her computer or loss of data subsequent to downloading this material or consultation of the site;
– it is the subscriber’s responsibility to take all the necessary measures to protect his/her data and/or software from contamination by any viruses circulating on the site and/or data and content;
– no recommendation or information obtained orally or in writing by the Switch (on Paper) subscriber or during use of the site may be interpreted as giving rise to any guarantees not expressly provided for in these Terms & Conditions;
– he/she is solely liable for any use made of the information on the site and, consequently, Switch (on Paper) cannot be held liable for direct or indirect damage resulting from the use of such information;
– he/she is solely liable for any use of the content of sites with a hyperlink to the site, Switch (on Paper) declining all responsibility for such content;
– he/she is familiar with the nature of the Internet, in particular regarding technical performance and response time for consulting, interrogating or transferring data;
–communication of access codes or, more generally, any information deemed confidential is his/her responsibility;
– he/she must take all the measures necessary to make certain his/her equipment’s technical characteristics make it possible to consult the information.
The services offered by Switch (on Paper) comply with current French legislation. All information and data in Switch (on Paper) publications are provided for information. Switch (on Paper) cannot be held liable for any damage, direct or indirect, that may result from any error, omission or delay in the transmission or publication of such information.
Hyperlinks present on the site may refer to other sites. Switch (on Paper) exercises no prior control over such content and assumes no responsibility for the sites or content targeted by these links.

Switch (on Paper) will, however, withdraw such links or content published on our site a posteriori, following notification of the illicit or prejudicial nature of these links or content. Conversely, Switch (on Paper) cannot delete content from sites other than ours.

Each subscriber and/or user recognises and agrees that, considering the current texts, Switch (on Paper) or its host could be led to delete or suspend access to all or part of the content from parties participating in the website. Switch (on Paper) cannot be considered liable in this case.

Article 8. Force majeure

Switch (on Paper) declines responsibility for any breach of any of its contractual obligations in case of force majeure or fortuitous event, such as, but not limited to: a major act of piracy, disaster, fire, internal or external strike, internal or external outage or failure, and, more generally, any event preventing the proper transmission and/or execution of data.

Article 9. Personal data and protection of privacy

Switch (on Paper) agrees to respect the privacy of subscribers and users, as well as the data concerning them, pursuant to the Law of 6 January 1978, relative to information technology, files and freedom (CNIL).
Thus, personal data collected by Switch (on Paper) are intended only for purposes necessary for the services offered on its site. Switch (on Paper) in no way communicates these data to third parties, except or at the request of the competent authorities and/or authorised third parties.
Each subscriber and/or user has the right to access, rectify and contest his/her personal information, and may do so directly through Switch (on Paper), via his/her account, by e-mail or by post, using the contact data on the website.
Every subscriber and/or user recognises he/she has been informed and agrees for the selected identifier to be made public, so his/her contributions are attributed to him/her, as well as the date on which this material has been published.
In the context of the consultation or use of its website, Switch (on Paper) will store certain data concerning the subscriber and/or user for the purpose of proper operation of the site’s services and statistical purposes, as stated in the Terms & Conditions of Use of the site.
Each user and/or subscriber agrees that recordings of Switch (on Paper) systems, making it possible to determine in particular the use made of the account, shall prevail in relations between the subscriber and/or user and Switch (on Paper).
Most web browsers have a function known as “cookies”, small text files recorded in the computer used during visits to the Switch (on Paper) website.
One cookie alone provides no information on the user; it is a recording of information in the computer browsing the website (e.g. pages consulted, date and time of consultation, etc.).
The length of time this information remains stored in the computer corresponds to the time spent on the website.
Consultation of this information and use of functionalities reserved for subscribers may make it necessary to activate the identification and traceability of cookies in the computer.
Users may refuse all or some cookies via their browser’s parameters.
If, however, a user selects the function blocking all “cookies”, he/she may no longer be able to access certain parts of the site.

Unless the user has adjusted his/her browser parameters to refuse cookies, the Switch (on Paper) system will issue cookies whenever the user connects to the website.

For more information on our policy of confidentiality, respect of privacy and your rights concerning the use of cookies, consult the Confidentiality page.

By creating an account, the user agrees to receive promotional and informative messages by e-mail from Switch (on Paper) at the e-mail address he/she has indicated. He/she may at any time refuse to receive such messages by e-mail to contact@switchonpaper.com. All e-mails sent by Switch (on Paper) propose a link to unsubscribe.

Article 10. Miscellaneous provisions

When subscribing, the applicant must state that he/she has the legal capacity and powers or authorisations required to validate these Terms & Conditions of Sale, along with any other particular condition applicable to the service provided. Pursuant to Article 1124 of the Code Civil, non-emancipated minors are unable to subscribe.
– Right of withdrawal
The subscriber, who can be qualified as a consumer as defined in current texts, agree for the service to be provided and accessible as soon as the request has been confirmed and the first connection made, thereby triggering the subscription for the selected duration. The subscriber expressly recognises that the service begins with his/her consent before the deadline of fourteen clear days provided for in the Code de la Consommation to exercise the right of withdrawal, and that he/she cannot take advantage of it.
The subscriber recognises that, in all events, these provisions do not apply between professionals.

Suspension/termination of the subscription
Switch (on Paper) se réserve le droit de suspendre et/ou de résilier l’abonnement souscrit par l’abonné, sans indemnité ni droit à remboursement, en cas de manquement de l’abonné aux présentes conditions générales, dans un délai de 15 jours courant à partir de l’envoi d’une mise en demeure par lettre recommandée avec demande d’avis de réception (en cas d’adresse valide renseignée par l’abonné) ou par courriel avec accusé réception sur l’adresse mail saisie lors de l’abonnement, sans préjudice du droit pour Switch (on paper) de demander en justice le versement de tout dommage et intérêt en réparation de son entier préjudice.
L’abonné ne peut céder tout ou partie des droits et obligations résultant de son abonnement qu’après accord préalable et écrit de Switch (on paper) et sous réserve que soient strictement respectées les conditions stipulées aux présentes conditions générales.
La résiliation n’entraîne aucune pénalité, mais ne donnera pas lieu à un remboursement de la période en cours.

Terminating a subscription:
– online, the procedure is specified and accessible, when connected, on the site at “My Account” > “Subscription”.
– by sending a simple letter by post requesting termination, indicating the surname, given name and e-mail address specified when you applied, to the address below:

Switch (on Paper)
Le Dojo
22bis, boulevard Stalingrad
06300 Nice (France)

Your request will be processed within 10 working days after reception of your letter. Your subscription will be effectively terminated on the first due date after that time.
You will be able to use the same identifier and password if you choose to subscribe again later and access your Switch (on Paper) account later.
Requests for termination are accepted by e-mail for persons not residing in metropolitan France or unable to move.

Article 11. Intellectual property

any reproduction, any performance in whole or in part, use, adaptation, making available or modification of these elements regardless of the procedure, the person or the means without express permission from Association Arts & Sociétés, authors or their rights holders is strictly forbidden and is tantamount to counterfeiting according to the Intellectual Property Code.
All hyperlinks referring to the Switch (on Paper) website, in particular those using framing, deep-linking, inline linking or any other deep link technique, must have prior permission from Association Art & Sociétés. In all events, any link, even with tacit authorisation, must be withdrawn on simple request from Arts and Sociétés.

The “Switch on Paper” or “Switch (on Paper)” brand and the domain name “tigerandjune-dev-switch.pf3.wpserveur.net” are protected designations belonging to Association Arts & Sociétés which the subscriber and/or user may in no conditions use without prior express consent in writing from Switch (on Paper).
The subscriber agrees to use the content made available on the website only in compliance with the right of personal consultation granted through his/her subscription.
Our website’s contractual framework does not provide for any transfer of intellectual property rights for the benefit of users of our website, for whatever reason, whether the content is published in the “Periodical” section or in one of the participative pages on our site.
The subscriber must make legal and reasonable use of his/her personal access to the information made available with the subscription. Any use of content other than what is provided for in the subscription is strictly forbidden and may be considered tantamount to counterfeiting, justifying legal action by Switch (on Paper) against counterfeiter(s).
The information and content consulted and exploited in the context of use of Switch (on Paper) services by subscribers only may in no circumstances be communicated or used for any other purpose. Offenders will be held liable for any unauthorised use of this information on his/her part or his/her account.

Article 12. Applicable Law & jurisdiction

The parties agree that this contract is subject to French law. The language of this contract is French. Any disagreement bearing on the validity, interpretation or execution of this contract shall, in the absence of an amicable resolution, come under the exclusive competence of French courts where Switch (on Paper) has its headquarters.

 

II. Terms & Conditions of Use of the Switch (on Paper) website

When accessing the Switch (on Paper) website to consult or use our services, you recognise that you respect current legislation, in France in particular, and the Terms & Conditions of Use below:

Article 1. Intellectual property rights

All content on our website, in particular but not exclusively the graphic charter, title, form, site map, texts, logos, brands, images and database accessible or made available, whether it is free or by subscription, as well as all programmes and/or technologies provided in relation with the site and, more generally, all or part of the site itself are protected under the provisions of the Intellectual Property Code. In particular, the “Switch (on Paper)” brand and domain name are protected designations belonging to our Association that you may in no circumstances use without our prior express consent in writing.
Moreover, the content of our subscribers’ contributions, made available in the context of the participative section of our site, may be protected by intellectual property rights.
These Terms & Conditions entail no transfer of intellectual property rights for the benefit of users of our website, for whatever reason.
All users of the site, whether or not they are subscribers, agree to use the content made available on our website only for legal purposes, pursuant to current legislation and Terms & Conditions and present Conditions of Use.
Any infringement of these mandatory provisions exposes the offender, or any liable person, to civil and criminal penalties provided for in current legislation, in France in particular.

Article 2. Limited liability

You recognise and accept that, as a user, you use our website as is, at your own risk. All the content we publish is provided for information only.
Our website is in two parts: in addition to the part with free access, the site offers subscribers a database and interactive participative messaging service with their user account, where they can express opinions on publications and propose content on condition of identifying themselves and respecting the charter for participation in Switch (on Paper).
We can, under no circumstances be held liable for any damage, direct or indirect, resulting from errors, omissions and/or delays in the transmission and publication of information made available on our site.
All subscribers to Switch (on Paper) enjoy the right to comment publications, express their points of view and, more generally, send messages to all our readers. In this context, we wanted to exercise a certain degree of moderation over these contributions. We wish indeed to see to the respect of the spirit we feel should prevail on our site, to encourage debate without any offensive language that may be deemed insulting to the dignity or respect of others. This may lead us to block the publication of content that, in our view, does not comply with this spirit, and inform the author, without giving him/her grounds to claim any damage. Moreover, we reserve the right to terminate a subscriber’s account permanently after 3 warnings, once again without the possibility for this person to claim a refund for subscription fees or any other damages.
We agree to block access to any content on our website which we have been informed is illicit, according to the conditions provided in the Law 2004-575 of 21 June 2004 for Confidence in the Digital Economy (“LCEN”). In particular, you can inform us of any content you deem illegal or prejudicial, using the following address: contact@switchonpaper.com

Article 3. Personal data and protection of privacy

We agree to respect the privacy of users of our services and our subscribers and, to this end, comply strictly with current legislation in France on the protection of privacy and individual freedom.
We inform you that automated collection and processing of personal data we may implement in the context of our service have been submitted to the CNIL (French Data Protection Authority), pursuant to Law 78-17 of 6 January 1978 modified.
You recognise and agree that, in the context of the consultation or any use of our website for the needs of proper functioning of our services and for statistical purposes, we could be gathering and processing information enabling to identify you directly or indirectly, in particular, your IP address and the date and duration of your visit to our website. Any data gathered for statistical ends are made anonymous.
Moreover, your Internet browser has a function known as “cookies”, which stores small text files in your computer when you visit our Website. One cookie alone gives no information on you; it is a recording of information on your computer’s browsing on our site (the pages you consult, the date and time of the consultation, etc.).
This information stored in your computer corresponds to the time spent on our website. Cookies are no stored after you have closed your session.
Conversely, requesting a subscription, then consulting information for which you pay a subscription fee makes it necessary to activate cookies in your computer. Otherwise, the service could become inaccessible.
We gather or process personal data provided by users of our services only for purposes necessary for the proper operation of our services. The data gathered to run our services are intended to help us communicate with you in the context of our services, to meet your expectations and satisfy legal obligations.
We inform you, when any data linked to your identity are collected through our contact forms, for the creation of an account or subscription, of the data requested, as well as the optional or mandatory nature of the declaration. You recognise and guarantee that the data you declare and transmit to us in the context of the subscription and the use of our services are your sole responsibility.
We agree to communicate personal information concerning you or that you have communicated to us only when expressly requested by the authorities.
Pursuant to the provisions in current legislation on the processing of personal data, in particular, Law 78-17 of 6 January 1978 modified, you have the right to access, modify and contest information concerning you, by writing to us at any time, by e-mail or by post, at the above address or on our website, and identifying yourself.
We use your e-mail address to inform you of the development of our services and, more generally, to communicate with you concerning your subscription (information, confirmation of orders, payment, renewal, etc.), which must be valid and up to date.
You can also request or refuse, without being a subscriber, through our website, for us to send you promotional messages and information by e-mail at the address you gave us. On simple request by e-mail via the account corresponding to this address, you can have your e-mail address changed or deleted from our database at no extra charge.

Article 4. Changes to Terms & Conditions of Use of the site

The applicable Terms & Conditions of Use of the site are those effective during connection to our site and its use, which you declare you have consulted on our website and you agree to respect without restriction or reservation.
The Terms & Conditions of Use of the site are subject to alteration or modification in particular to take into account any legal or technical changes in case law. These changes become effective on the day of their publication on our website.