Legal Notice

This document is an English translation of the original Legal Notice. While we have made every effort to ensure the accuracy of the translation, the original French version is the legally binding document. In case of any discrepancies or disputes, the French version shall prevail.

SITE PRESENTATION

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, the various parties involved in the creation and maintenance of this site are as follows:

  • Owner: TEXPLAINED, a limited liability company (SARL) with a share capital of €100,000.00.
  • Adress: AREP CENTER 1 TRAVERSE DES BRUCS 06560 VALBONNE
  • Site creator: TEXPLAINED – contact@texplained.com
  • Publication Manager: TEXPLAINED – contact@texplained.com 
  • Host:
    • OVH RCS Roubaix – Tourcoing 424 761 419 00045 APE Code 6202A
    • VAT Number: FR 22 424 761 419
    • Registered office: 2 rue Kellermann – 59100 Roubaix – France
  • Credits: TEXPLAINED (unless otherwise stated)

TERMS OF USE

By using this site, you fully and completely accept the following terms of use. These terms may be modified or supplemented at any time, and users are encouraged to review them regularly. The site is updated regularly by Texplained. Similarly, the legal notices may be amended at any time but are binding on the user, who is advised to refer to them as often as possible to stay informed.

SERVICES PROVIDED

Texplained strives to provide accurate and up-to-date information on its website. However, it cannot be held responsible for omissions, inaccuracies, or deficiencies in updates, whether due to its own actions or those of third-party partners providing information. All information on Texplained.com is provided for informational purposes and is subject to change without notice. If you notice a gap, error, or malfunction, you may report it by email to contact@texplained.com, providing a detailed description of the issue (device used, page accessed, operating system, browser, etc.). Texplained disclaims any liability for the use of this information and any direct or indirect damages that may result.

Furthermore, the information provided through the Services is not intended for distribution or use in countries or jurisdictions where such use would violate local laws or regulations or require registration. Users accessing the Services from such locations do so at their own initiative and are solely responsible for compliance with applicable local laws.

INTELLECTUAL PROPERTY AND USE OF SERVICES

Texplained owns or holds usage rights to all elements accessible on the site and through its services, including texts, images, graphics, logos, icons, sounds, software, source code, databases, features, designs, audio, video, photographs, trademarks, and other distinctive elements (collectively, the “Content” and “Trademarks”). These elements are protected by copyright, trademark, and other intellectual property laws, as well as international treaties.

Any reproduction, representation, modification, publication, distribution, retransmission, adaptation, or commercial exploitation of the Content or Trademarks, by any means or process, is strictly prohibited without prior written authorization from Texplained. A non-exclusive, non-transferable, and revocable license is granted to users to access the Services and download or print portions of the Content solely for personal, non-commercial, or internal business use, subject to compliance with these Legal Terms.

Any unauthorized use of the site, Services, Content, or Trademarks constitutes infringement, engaging the civil and criminal liability of the infringer, and may result in legal action under the French Intellectual Property Code (Articles L.335-2 et seq.). Owners of copied content may also take legal action. In case of such violations, access to the Services will be terminated immediately.

For any use not covered by these Legal Terms, a request for authorization must be sent to contact@texplained.com. If authorization is granted, Texplained must be clearly identified as the owner or licensor, and any copyright or proprietary notices must remain visible.

Texplained is committed to respecting the intellectual property rights of others. If a user believes that material on the Services infringes their copyright, they are encouraged to contact the company at contact@texplained.com.

USER DECLARATIONS

By using our Services, you declare and warrant that:

  1. Accuracy of Information: All registration information you provide is true, accurate, current, and complete. You agree to maintain the accuracy of this information and update it as necessary.
  2. Legal Capacity: You have the legal capacity to accept and comply with our Legal Terms. If acting on behalf of a business or organization, you warrant that you are authorized to bind it.
  3. Age of Majority: You are not a minor in the jurisdiction where you reside or use the Services.
  4. Appropriate Use: You will not use the Services for illegal, unauthorized, or unethical purposes and agree to comply with all applicable laws and regulations.
  5. Non-Automated Access: You will not access the Services through automated or non-human means, such as bots, scripts, or similar tools, except with our express permission.
  6. Legal Compliance: Your use of the Services will not violate any third-party rights or applicable laws, including intellectual property, data protection, or competition laws.

If you provide false, inaccurate, outdated, or incomplete information, we reserve the right, at our sole discretion, to suspend or terminate your account and deny current or future access to the Services (or any part thereof). This action is without prejudice to other remedies available under the law or our Legal Terms.

We remind you that any breach of these commitments may result in legal consequences and immediate termination of your access to the Services. For questions or clarifications, you may contact us at the address provided in our Legal Notice.

USER REGISTRATION

To access certain Services, you may be required to create an account and register. You agree to maintain the confidentiality of your password and assume full responsibility for all activities under your account or password. In case of unauthorized use of your account, you must notify us immediately.

We reserve the right, at our sole discretion, to remove, reclaim, or modify any username you choose if we deem it inappropriate, obscene, offensive, or in violation of our terms of use or applicable French law. This measure aims to ensure a respectful and legally compliant environment. Your cooperation in maintaining account security and adhering to usage rules is essential for an optimal user experience.

LIMITATION OF LIABILITY

The user agrees to access the site using recent, virus-free equipment and an up-to-date browser. Texplained cannot be held liable for direct or indirect damages to the user’s equipment resulting from access to Texplained.com, whether due to the use of non-compliant equipment, bugs, or incompatibilities.

Texplained is also not liable for indirect damages (such as loss of market or opportunity) arising from the use of Texplained.com. Interactive areas (e.g., contact forms) are available to users. Texplained reserves the right to remove, without prior notice, any content that violates applicable French law, particularly data protection laws. Texplained may also hold the user civilly or criminally liable, especially in cases of defamatory, racist, abusive, or pornographic content, regardless of the medium used (text, video, photo, etc.).

PROHIBITED ACTIVITIES

You may not access or use the Services for purposes other than those for which they are provided. The Services may not be used for commercial projects unless specifically approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or content from the Services to create or compile a collection, database, or directory without our written permission.
  • Deceive, defraud, or mislead us or other users, particularly to obtain sensitive account information such as passwords.
  • Circumvent, disable, or interfere with security features of the Services, including those preventing or restricting the use or copying of Content or imposing limits on the use of the Services.
  • Discredit, tarnish, or harm, in our opinion, us or the Services.
  • Use information obtained from the Services to harass, abuse, or harm another person.
  • Misuse our support services or submit false reports of abuse or misconduct.
  • Use the Services in violation of applicable laws or regulations.
  • Engage in unauthorized framing or linking to the Services.
  • Upload or transmit viruses, Trojan horses, or other harmful material, including excessive use of capital letters or spam, that interferes with the uninterrupted use of the Services.
  • Use automated systems, such as scripts, to send comments or messages, or use data mining tools, robots, or similar tools.
  • Remove copyright or other proprietary notices from any Content.
  • Impersonate another user or person or use another user’s username.
  • Upload or transmit any material acting as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or similar devices.
  • Interfere with, disrupt, or place an undue burden on the Services or networks connected to the Services.
  • Harass, annoy, intimidate, or threaten our employees or agents engaged in providing the Services.
  • Attempt to bypass measures designed to prevent or restrict access to the Services.
  • Copy or adapt the Services’ software, including Flash, PHP, HTML, JavaScript, or other code.
  • Decipher, decompile, disassemble, or reverse engineer any software comprising or part of the Services, except as permitted by applicable law.
  • Use, launch, develop, or distribute automated systems, including spiders, robots, cheat utilities, scrapers, or offline readers, that access the Services, or use unauthorized scripts or software.
  • Use a buying agent or purchaser to make purchases on the Services.
  • Make unauthorized use of the Services, including collecting usernames or email addresses for unsolicited emails or creating accounts under false pretenses.
  • Use the Services to compete with our business or for commercial purposes.
  • Use the Services to advertise or offer goods and services for sale.
  • Sell or transfer your profile.

SERVICE MANAGEMENT

We reserve the right, without obligation, to:

  1. Monitor the Services for violations of these Legal Terms.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement.
  3. Refuse, restrict access to, limit the availability of, or disable (to the extent technically feasible) any Contribution or portion thereof, at our sole discretion and without notice.
  4. Remove or disable files or content that are excessive in size or may harm our systems, at our sole discretion and without notice or liability.
  5. Manage the Services to protect our rights and property, ensure proper operation, and maintain a positive user experience.

These measures are implemented in accordance with applicable French law and respect users’ rights. We strive to act proportionately and justifiably to maintain a secure and legally compliant environment.

PERSONAL DATA MANAGEMENT

In France, personal data is protected by Law No. 78-87 of January 6, 1978, Law No. 2004-801 of August 6, 2004, Article L. 226-13 of the Penal Code, and the European Directive of October 24, 1995. When using Texplained.com, the following data may be collected: the URL of links used to access the site, the user’s internet service provider, and the user’s IP address.

Texplained collects personal information only as necessary for certain services offered on Texplained.com. Users provide this information knowingly, particularly when entering it themselves. Users are informed whether providing such information is mandatory. Under Articles 38 et seq. of Law No. 78-17 of January 6, 1978, on data protection, users have the right to access, rectify, and object to their personal data by submitting a signed written request, accompanied by a copy of their ID, specifying the address for response.

No personal information is published, exchanged, transferred, or sold to third parties without the user’s consent. In the event of Texplained’s acquisition, user information may be transferred to the purchaser, who would then be bound by the same data protection obligations. Databases are protected by the Law of July 1, 1998, transposing Directive 96/9 of March 11, 1996, on the legal protection of databases.

USE OF VDOCIPHER

This site uses VdoCipher, operated by VdoCipher Media Solutions Pvt Ltd, based in Gurgaon, India, to host and deliver videos. When accessing videos, personal data such as IP addresses and visited pages are transmitted to VdoCipher. This processing is based on Article 6(1)(f) of the GDPR, necessary to protect videos from copying. For questions about data protection by VdoCipher or to exercise your rights, contact support@vdocipher.com.

Our site uses VdoCipher plugins, resulting in connections to Amazon.com, Inc. and Google. These third parties collect data such as IP addresses, browser types, operating systems, and visited pages. VdoCipher uses AWS infrastructure, including S3 for storage, EC2 for transcoding, and CloudFront for delivery, supplemented by other AWS services.

Personal data is shared with Amazon and Google, certified under the EU-US Data Privacy Framework (DPF), with data transfers based on the European Commission’s Standard Contractual Clauses (SCCs). For more information, visit: https://www.dataprivacyframework.gov/participant/5780.

A ‘uid’ cookie with a 20-year expiration is used for videos. VdoCipher collects anonymized data on views and bandwidth, as well as IP addresses and browsing habits. This processing is necessary for contract performance, providing protected video content under Article 6(1)(b) of the GDPR.

HYPERLINKS AND COOKIES

Texplained.com may contain hyperlinks to other sites, placed with Texplained’s authorization. However, Texplained cannot verify the content of these sites and assumes no responsibility for them. Browsing Texplained.com may result in cookies being installed on the user’s computer.

A cookie is a small file that does not identify the user but records information about browsing. This data facilitates future navigation and measures site traffic. Refusing cookies may prevent access to certain services. Users can configure their browsers to refuse cookies as follows:

  • Internet Explorer: Tools (gear icon) > Internet Options > Privacy > Block all cookies > OK.
  • Firefox: Menu > Options > Privacy & Security > Block cookies.
  • Safari : Menu > Preferences > Privacy > Block cookies.
  • Chrome : Menu > Settings > Advanced > Privacy and security > Block cookies.

Hyperlinks on this site to other internet resources do not engage Texplained’s responsibility. Downloading content is at the user’s own risk. Texplained is not liable for any damage to the user’s computer or data loss resulting from downloads.

GENERAL TERMS OF SALE

By placing an order on this site, you acknowledge having read and accepted these General Terms and Conditions of Sale (GTC), accessible at https://www.texplained.com/store/gtc/, without reservation.

APPLICABLE LAW AND JURISDICTION

These Legal Terms are governed by French law, excluding the United Nations Convention on Contracts for the International Sale of Goods. Disputes related to the interpretation or execution of these terms fall under the exclusive jurisdiction of the courts of Grasse, where Texplained SARL is headquartered. The reference language for resolving disputes is French. If you reside in the EU and are a consumer, you also benefit from mandatory protections under your country’s laws. You may bring consumer protection claims in France or your EU country of residence.

DISPUTE RESOLUTION

Mandatory Arbitration

Any dispute arising from these Legal Terms will be resolved by a single arbitrator under the Rules of the European Court of Arbitration, part of the European Centre for Arbitration in Strasbourg. The arbitration seat is Grasse, France, and the language is French. Substantive law is French law.

Restrictions

Arbitration is limited to disputes between the parties individually. Class actions or representative claims are not permitted.

Exceptions to Arbitration

The following disputes are not subject to arbitration: (1) intellectual property disputes; (2) claims of theft, hacking, privacy violations, or unauthorized use; and (3) claims for injunctive relief. If this provision is deemed illegal or unenforceable, the dispute will be decided by a competent court in the jurisdictions above.

CORRECTIONS

The Services may contain typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and other information. We reserve the right to correct such errors and update information at any time without notice.

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES, AND WE WILL NOT BE LIABLE FOR (1) ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT GUARANTEE, ENDORSE, ASSUME RESPONSIBILITY FOR, OR HAVE ANY LIABILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN A BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE LEGAL TERMS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO ANY CAUSE OF ACTION. CERTAIN LAWS IN THE UNITED STATES AND INTERNATIONAL LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any harmful act toward any other user of the Services with whom you are connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in connection with the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign all or part of our rights and obligations to others at any time. We shall not be responsible or liable for any delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us solely because we drafted them. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of a manual signature by the parties to execute these Legal Terms.