Terms and Privacy

Article 1. Terminology

Site : refers to the site www.ecrocus.com

Member : refers to the user registered as a member of the site eCrocus.

Article 2. Host

The Site hosting is provided by OVH, whose legal status is described below:
SAS au capital de 10 000 000 €
RCS Roubaix – Tourcoing 424 761 419 00045
APE Code 6202A
TVA Number : FR 22 424 761 419

Headquarter : 2 rue Kellermann - 59100 Roubaix - France.

Article 3. Purpose and scope

The mission of eCrocus is to connect people to allow them to create a trusted network to share key moments and make decisions regarding children and young people day to day life. To this end, we make Services available through our Site. You agree that by registering on eCrocus or by using the Site you are binded with the present terms of use.

Article 4. The Site

The Site, available at www.ecrocus.com, is a platform providing its Members with a range of services, including but not limited to:
  • A service for creating independent private spaces called eCrocuses containing pages illustrated with multimedia (images, files, audio, video), called pages, whih can be organized inside chapters
  • The ability to maintain a personal use or to invite other Members under the easy and full control of the author of the eCrocus.
  • The ability to have Contacts within eCrocus and share with them contents. Being a contact for a given Member does not give automatic access to the eCrocuses of this Member. To have access to an eCrocus of another Member, a Member has to be invited by the author of this eCrocus.
Our platform has been developed so as to ensure an optimal user experience from a smartphone and a tablet. Hence users are invited to add eCrocus on their tablet and smartphone home screen as indicated in our help page http://www.ecrocus.com/pg/expages/read/FAQ/.

So as to control bandwidth cost :
  • The allocated storage space per member is limited to 2Go
  • The size of each image is limited to 2 Mo
  • The size of each audio is limited to 0,5 Mo
  • The size of each video is limited to 10 Mo
The Site is not designed for backup of videos and photos, it is your responsibility to take necessary measures to this end.

Article 5. Registration and access

For the purposes of the services offered on the Site, you must create an account using the online form provided for that purpose.

When you register with eCrocus, you will be asked to select:
  • A username and password to serve to identify you as a Member each time you visit the Site and allow you to access your account;
  • An email;
  • A screen name to serve to the other eCrocus members to identify you.
The name, the email as well other profile data can be added or changed from time to time. You agree to provide true and accurate data in the registration form as well as maintaining true, accurate and complete profile data.
Upon validating the form, you will receive an email asking you to click on a link in order to confirm your registration. Access to your account can be done by entering your username and associated password, which you alone are confidential.
You may not:
  • Choose or use a screen name of another person with intent to impersonate that person;
  • Use a name in which another person has rights without authorization from that person;
  • Use a name that eCrocus, at its sole discretion, judges offensive;
  • Provide untrue, inaccurate and incomplete data.
We reserve the right to terminate it at any time by email, on reasonable notice. In case of non-compliance with the present terms of use, access to your personal space may be, immediately and without notice, temporarily or permanently suspended by disabling your account, in addition to any other rights or remedies available to us.
Members must immediately notify use of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his username, her/his name and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member.

Article 6. Control of your personnal information

Privacy is a key principle driving the conception of the Site. Hence, as a Member, we allow you to have a full and easy control over your privacy settings.
When you first create a profile, or when you make any changes to it, you can select whether all Members or Contacts or circle of Contacts can see certain information in your profile.
When you post, in a given eCrocus, a new page or when you make any changes to it, you can select whether all eCrocus members or only those belonging to your contact list or a circle of Contacts can see this page.
In case you are not the owner of the eCrocus, you will be given the possibility to restrict the visibility of your posted page to the owner of the eCrocus only.
When you post new hesitation or decision or when you make any changes to it, you can select whether all eCrocus members or only your Contacts or a selected circle of Contacts can view your post.

Article 7. Members' Content

The contents (hereinafter called 'Content') referred to in this article correspond to images, video, audio, text and avatars submitted by the member on the site eCrocus.

The insertion of the Content is done using the Member's browser. The Member agrees to consistently moderate his comments. The profile should contain no information contrary to public order or morality. The posting of pictures, video, audio or information about other people without the consent of the latter is the full responsibility of the Member.

The Member declares to be the owner of all Content posted by him and they are free from all rights. Otherwise, the Member is deemed to have permission from the copyright holder of the content posted by the latter. The Member can store or transmit Content that infringes the intellectual property rights of others, such as texts, images of people or property, trade secrets, confidential or inside information, this list is not exhaustive.

Pursuant to Article 6 paragraph 7 of the Act No. 2004-575 of 21 June 2004 on confidence in the digital economy law (LCEN – French Law), the site has a signalling tool identified by the link "Contact Us" easily accessible and visible to all allowing Members to inform the team eCrocus all data that justify crimes against humanity, incite racial hatred or child pornography, incite violence or prejudicial to human dignity, and against offenses listed in the fifth and eighth paragraphs of Article 24 of the Act of 29 July 1881 on freedom of the press, and Articles 227-23 and 227-24 of the French Penal Code.

Article 8. Limitation of Liability

eCrocus can not be held responsible for any use made of the Services by the Members. In particular, eCrocus can in no way be liable under the Content displayed, posted, sent, received or transmitted by Members through the Site. No advice or information, whether oral or written, obtained by the Member from eCrocus team or when using the Services are likely to create any warranty not expressly stated in these terms and conditions of use.

Member acknowledges and agrees to be informed that eCrocus can not be, in any way, responsible for the creation, modification, deletion, or non-receipt, emission, transmission or storage Data of Members, under the sole and entire responsibility of the latter. Similarly, the Member acknowledges that eCrocus remains free to change at any time the name of its online services, without this constituting a modification of the present Terms of Use and without this modification may be eligible for any appeal formed by the Member.

eCrocus will in no circumstances be held liable because of an interruption of service, whatever the cause, duration or frequency of the interruption.

The Member acknowledges to be aware that all information, data, text, software, music, sound, photographs, images, videos, messages or other content or other materials (above and hereinafter collectively "Content ") privately transmitted within the community members, are the sole responsibility of the person from which such Content. The Member only, not eCrocus, is entirely responsible for all Content that appears, download, send or transmit in any manner whatsoever by the Services. Except as expressly provided herein, eCrocus does not control the Content posted via the Services and accordingly does not warrant the accuracy, legality, integrity or quality of such Content. In any event, eCrocus will in no way be held responsible for the Content, including the illegality of the Content under the current regulations, errors or omissions in any Content, for any loss or damage following the use of any Content posted, transmitted through the Services. eCrocus also notify the Members of the risks incurred by them due to acts of games made in breach of the law.

In general, the Member agrees to comply with all laws and regulations concerning the prohibition of the diffusion of pornography, pedophiles, obscene, or likely to cause serious harm to human dignity.

Article 9. Intellectual Property and Copyrights

This entire site falls into the French and international legislation on copyright and intellectual property.
Internet users are advised that all components of the site:
  • is protected by the legislation on copyright: this can include photographs, drawings, movies, sound recordings, video clips, ...
  • and is protected by trademark laws: this can include logos, symbols, ...
eCrocus grants to Member the right to use the website to their needs.

Subject to the rights granted above to the Member, it is forbidden to copy, reproduce, modify and / or exploit in any manner whatsoever and for any purpose whatsoever, all or part of the structure and the Web site content without our prior written consent, subject to the exceptions referred to in Article L122.5 of the Intellectual Property Code, doing so will constitute an infringement of copyright and / or designs and / or brands, punishable by two years imprisonment and a fine of € 150,000.

Any unauthorized downloading, when not explicitly permitted is forbidden; any abuse that would be found could result in eCrocus and / or any third party claiming penalties as may be appropriate, including violations of intellectual property rights.

Article 10. Protection of privacy and personnal data

Respect for fundamental freedoms and in particular the right to respect for privacy of members is a founding principle of eCrocus.

According to the French law as of 6 January 1978 relating to computers, files and freedoms, as amended in August 2004 ("Informatiques et Libertés" Law), this site has been declared to the French National Commission on Informatics and Liberties (CNIL) under number 1528394 v 0.

In accordance with the "Informatique et Libertés" Law as of 6 January 1978 amended in 2004, you have a right to access and rectify information concerning you, that you can exercise by contacting us via the following email : postmaster@ecrocus.com.

No user (Member or not) shall not violate the security system eCrocus. Any attempt to do so immediately involve the use of suitable legal action both civil and penal. Among the most frequent offenses, it should be mentioned without being exhaustive:
  • Test or evaluate the vulnerability of the system or network. Violate the security measures or identification without permission timely. Accessing data not intended for such user or access eCrocus through an account or unauthorized access;
  • Prevent or attempt to prevent access to any service member through any method whatsoever, and through a virus, saturation of the server and its network, spam, mass emails, as the best known among others;
  • Corrupt information or e-mail, by falsifying the headers of messages or other content type.
However, Members will be kept to a series of obligations they must comply at all times taking full responsibility arising from non-compliance thereof. We include below the most significant but not exhaustive:
  • Duty to provide accurate profile information reflecting reality
  • Obligation not to disclose your password to third parties or use your password for any other reason unauthorized;
  • Obligation not to use the Site for promotion, dissemination or indiscriminate acquisition of members in programs and activities of pyramid type multi level marketing, or affiliate systems, and through all our communications. eCrocus reserves the right to remove ads violating this rule in cases of abuse, to delete the account of the offending Member;
  • Obligation not to report at any time a material that contains copyright or other law relating to intellectual or industrial property at least whether the copyright owner or any authorized person;
  • Obligation to announce at any time or content that may be revealing at one point of commercial secrets, violate the rights of intellectual or industrial property of third parties, or rights of privacy or image of third parties; unless either the owner or any person authorized;
  • Obligation not to report at any time an obscene, defamatory, threatening to another Member.
Therefore, the team eCrocus may at any moment, and when it deems it appropriate, refuse or remove any information unilaterally added into the system. In addition, it may remove any Member without arguing the reason, without notice, and be relieved of all responsibility for this action because she always proceed on the basis of maintaining good faith in the system.

Article 11. Site and Services availability

The site is in principle available 24/24h, 7/7d, except interruption, scheduled or not, for the purposes of its maintenance or force majeure. In view of fact to an obligation of means, we can not be held responsible for any damage of whatever nature, resulting from the unavailability of the Site.

For as long as eCrocus continues to offer the Services, we shall provide and seek to update, improve and expand the Services. As a result, we allow you to access eCrocus as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue eCrocus, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. eCrocus further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by eCrocus to be contrary to the present Terms of Use. For avoidance of doubt, eCrocus has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.