Instinct Créatif Communication has published this website "www.instinctcreatif.com" (hereinafter the "Website"), to supply up-to-date information about Instinct Créatif Communication for its businesses and consumers interested in finding out more about Instinct Créatif Communication and its achievements.
By using this Website, you agree to comply with the general terms and conditions of access and use described in detail below ("General Terms and Conditions") and the laws applicable in France to online communications.
This website is published by:
Instinct Créatif Communication
33 rue de la Krutenau
67000 STRASBOURG - FRANCE
Téléphone : +33 (0)3 88 37 15 99
Directeur de la publication : Christophe Nutoni
This website is hosted by:
ONLINE SAS BP 438 75366 PARIS CEDEX 08
General Terms and Conditions of Use of the Website
All users of this Website are subject to the following General Terms and Conditions of Use, which may be supplemented by special terms and conditions in the case of certain services.
Instinct Créatif Communication reserves the right to change and update the terms and conditions of access to the website at any time as well as the General Terms and Conditions. To keep up with such modifications and updates, users are required to refer to this section on a regular basis to check the currently applicable General Terms and Conditions.
Instinct Créatif Communication reserves the right to change or delete all or part of the Website without prior notice and without informing internet users thereof in advance.
1 Intellectual property rights:
1.1 Copyrights and/or Rights to Designs and Models concerning the works and documents reproduced on the website:
All reproductions, whether hardcopies or softcopies, of the Website and of the works and models reproduced therein are allowed provided said reproductions are reserved for strictly personal use to the exclusion of any use for advertising and/or commercial purposes and/or that said reproductions comply with the provisions of Article L122-5 of the French Intellectual Property Code. Save as provided for by the foregoing paragraph, any reproduction, performance, utilisation or modification, by any process and on any data carrier, of all or part of the website and the various works and models contained therein without the prior consent of Instinct Créatif Communication constitutes a copyright infringement strictly prohibited by law.
The foregoing obligations do not apply to journalists or press publishers, for whom Instinct Créatif Communication makes available iconographic documents and press releases that may be freely viewed, reproduced and displayed to illustrate their articles and press publications.
1.2 Rights concerning trademarks
All names, trade names and signs of any nature (such as logotypes or figurative marks), including the names of the goods and services mentioned or reproduced on any kind of advertising document published on this website by Instinct Créatif Communication shall remain the property of the advertiser clients of Instinct Créatif Communication. Any utilisation, reproduction, performance or imitation thereof, even partial, by internet users is prohibited without prior authorisation from the owners of said trademarks. Any violation of the foregoing obligation constitutes a copyright infringement punishable by law.
Moreover, the name "Instinct Créatif Communication", as well as the names, logotypes and trade names of the companies of the Instinct Créatif Communication are registered trademarks protected in each of the countries in which the relevant companies are set up. Any reproduction, performance or imitation thereof, even partial, is therefore prohibited without prior written authorisation from Instinct Créatif Communication and the companies of Instinct Créatif Communication that own said trademarks. Any violation of the foregoing obligation constitutes a copyright infringement punishable by law.
1.3 Intellectual property rights to creations proposed by Website users who are employees of Instinct Créatif Communication
Instinct Créatif Communication may publish on this website creative briefs inviting users of this Website who are employees of the Instinct Créatif Communication to propose original, hitherto unpublished creations (hereafter the "Creations"). By registering on this Website and proposing Creations, whether in response to briefs published by Instinct Créatif Communication or on their own initiative without any brief, Instinct Créatif Communication employees (hereinafter the "Authors") shall progressively assign all intellectual property rights to the creations of which they are the Authors as they send said creations to the Website.
The rights of reproduction, performance and adaptation regarding the Creations shall thus be assigned for the full period of copyright protection in France and abroad under the French Intellectual Property Code and international copyright conventions.
Such assignment shall allow Instinct Créatif Communication or Instinct Créatif Communication companies to reproduce, perform and adapt the Creations (images and/or texts) in any format, on any data carriers and via any media, whether known or presently unknown, anywhere in the world, for any Instinct Créatif Communication clients and in any communication campaign disseminated by any means whatsoever.
In the event that the intellectual property rights (copyrights and similar rights, particularly rights to trademarks, designs and models) are related to preliminary versions and are not the property of the Author of the Creations, the Authors hereby agree to specify the source of the borrowed or adapted works in a note appended to the submitted Creation. The Authors shall mention the name of the author(s) of the first work incorporated into their Creation (e.g., the name of the composer of a musical work) and, if possible, the year of original publication of said work. In that way, if Instinct Créatif Communication wishes to produce the Creations for the purposes of one of its advertiser Clients as indicated in the previous paragraph, Instinct Créatif Communication may negotiate with the rights-holders in question in order to obtain the authorisations and assignments of rights necessary for unchallenged exploitation of the Creations.
The above-mentioned assignment of rights shall be granted exclusively to the Instinct Créatif Communication and shall remain valid even in case of the cessation, for any reason, of the employment contract or contract for services between the Authors and the Instinct Créatif Communication. Consequently, the participants agree to refrain from granting any rights of the same kind to third parties.
2 Image-Exploitation Rights - Personality Rights
Models, performing artists and, more generally, any person shown in the photos and advertising films published on this website have authorised the use of their image in the campaigns produced for the advertiser clients of Instinct Créatif Communication.
Similarly, the employees and managers of Instinct Créatif Communication whose image is used on this website have authorised the use of the relevant iconographic documents within the framework of the website and only within said framework.
No reproduction, performance or use of such photos and films may be made by the users of the website without the prior written consent of Instinct Créatif Communication. Any utilisation, even partial, of such documents, in violation of the foregoing obligation is subject to prosecution.
3 Prohibition against publishing illicit content
The users of this Website, particularly those who post their contents in response to the creative briefs published by Instinct Créatif Communication or those who participate in a discussion forum opened by Instinct Créatif Communication shall refrain from publishing any content whatsoever that provides justifications for crimes against humanity, incites racial hatred or violence, constitutes child pornography or violates human dignity. Pursuant to the current legislation and the provisions of the French Criminal Code, Instinct Créatif Communication is obliged to report to the judicial authorities any such conduct or contents.
To report illicit content, as defined above, to the Instinct Créatif Communication, users are invited to send an e-mail to email@example.com and to send a confirmation by registered letter with return receipt requested to the following address: Instinct Créatif Communication - Website Internet instinctcreatif.com - 33 rue de la Krutenau 67000 STRASBOURG, FRANCE.
4 Personal data
4.1 While navigating through certain pages of this website, internet users may communicate personal information to Instinct Créatif Communication. Communicating such information or data is optional. Any personal data collected in that manner is intended exclusively for Instinct Créatif Communication, its subsidiaries or the members of its sales network, for the purposes of surveys, analyses or studies and, in the case of forms pertaining to recruitment, for the purpose of communicating and processing job offers from Instinct Créatif Communication companies.
Except for the uses mentioned above, such information is considered confidential and treated as such. Such information will be retained on file for no more than one year or, where applicable, for the duration of processing the job offers made.
Pursuant to the French law entitled Informatique et Libertés ["Information Technology and Civil Liberties"] No. 78-17 of 6 January 1978, persons who communicate personal data are entitled to access, correct or delete such data free of charge by using the form provided to that purpose on the Website, by sending an e-mail to firstname.lastname@example.org.
Said requests must be confirmed by faxing a copy of the user's identity card bearing the user's signature. The request must specify the returning mailing address. Instinct Créatif Communication shall have a period of 2 (two) months after receipt of the request to communicate, supplement or delete the information, as the case may be.
Internet users who consent on forms to receive e-mails containing information and requests from the Instinct Créatif Communication and Instinct Créatif Communication companies may revoke said consent at any time, either by clicking on the hyperlink provided to that purpose at the bottom of the e-mails they receive or by sending an e-mail with "désabonnement" (Unsubscribe) on the subject line to: email@example.com
4.2 Pursuant to Article 6 of the Act of 21 June 2004 entitled "pour la confiance en l''économie numérique" [law promoting confidence in e-commerce], the web hosting service retains the Website users' connection data covered by professional secrecy and processed in compliance with the statutory provisions on personal data when such data makes it possible to identify the users of the Website.
It is prohibited to insert a hyperlink to this Website without prior written authorisation from the Instinct Créatif Communication. If you wish to insert a hyperlink to our Website, you should enter into contact with the person in charge of the Website. Instinct Créatif Communication shall under no circumstances be held liable for providing access to websites via hyperlinks on the present Website and shall not be held liable for the contents, products, services, etc., available on said websites or via said websites.
6 Storage of browsing information
When you browse through the Website, information is stored in your computer through the "DOM Storage" process. Such information does not permit the publisher or web hosting service to identify the internet users: on the other hand, the DOM Storage process records information on how you browse our Website on your computer (the pages you have viewed, date and time of viewing, etc.) that we can read during your subsequent visits.
You can delete that information manually by performing the following steps:
In the case of Microsoft Internet Explorer 6.0:
1.From the "Tools" menu, select "Delete Browsing History"; select the "Cookies" checkbox and click "OK". 2. Click on the "Confidentiality" tab. 3. Use the cursor to select the desired setting.
To delete all the storage areas irrespective of the source, clear the checkbox "Store data from favourite websites".
In the case of Firefox:
1. From the "Tools" menu, "Options" and then "Privacy"" 2. Click on "Clear my history now
7 Website content
Instinct Créatif Communication, as well as the web hosting service and, more generally, every company contributing to the designing, implementation and online publishing of this Website make every effort to ensure the accuracy and regular updating of the information broadcast on this Website. Instinct Créatif Communication and its specialised service providers reserve the right to correct and modify the content of the website and shall under no circumstances be held liable on that account.
Instinct Créatif Communication and the service providers thereof shall not be held liable for any items beyond their control or any damage that may be suffered by internet users or their technical environment, particularly their computers, software, equipment, networks (modems, telephone, etc.) and any hardware used to access or use the Website.
8 Governing law
These General Terms and Conditions of Use shall be governed by French law. Any disputes arising out of the interpretation thereof shall be referred exclusively to the courts of France.