Tempus, Violentia, Mutatio... And so many more. We do not want all these to be lost, do we?
Terms of service.
Last update: 07/09/2022
These terms of service apply to https://www.aqua-gutta.com (hereinafter Aqua Gutta).
Aqua Gutta is a personal website published by Mr. Antony Mc Bride, who is also the person responsible for it.
Aqua Gutta is hosted by Heroku, a container-based cloud Platform as a Service (PaaS) part of Salesforce, Inc., a company incorporated in the state of Delaware, United States of America, whose registered office is located in the Salesforce West building, 415 Mission Street - Suite 300 - San Francisco, CA - 94105, and who may be contacted through https://www.heroku.com/contact. The servers are located in Europe.
These terms of service determine the rules of access to Aqua Gutta and the terms of use of the contents and the services that users of Aqua Gutta accept without reservation, by the sole fact of their connection to Aqua Gutta. These terms of service may be modified at any time, without notice. New changes apply immediately to users by simply posting them online. Continued use of the contents or the services, or navigating Aqua Gutta signifies acceptance of these terms of service. Anyone who does not wish to be bound by these terms of service should not navigate Aqua Gutta.
Contents and services.
Aqua Gutta provides users with access to contents and services.
The contents refer to any information published on Aqua Gutta, namely works, texts, images excluding those copyright-free, photos excluding those copyright-free, illustrations, videos, voice recordings and songs, excluding information provided by users themselves when they are given the opportunity to publish messages or comments through the services. Messages and comments posted by users remain under their full responsibility.
The services consist in the provision of contents and information by Mr Antony Mc Bride on Aqua Gutta, such as, for example, the implementation of a secure area for users to post messages, read articles, or write comments regarding these articles.
Access to the services may require users to create a user account under the conditions described below.
Users are informed that Mr Antony Mc Bride reserves the right to modify or delete, at any time, without notice and at its sole discretion, all or part of the contents, the information or the services.
Creation of the user account.
Registration.
In order to post messages, read articles, or write comments regarding these articles, users need to create a user account and be logged in. Registration is free and personal.
To create a user account, users have to fill a form with their e-mail address and a password. When users click on SIGN UP, an automated e-mail with a specific link is sent from Aqua Gutta. By clicking on this link, users verify the e-mail address allowing them, in case of proper verification, to log in with their user account.
Once registered then logged in, users are able to update their current e-mail address (primary), or add new ones (secondary). Users are also able to update their profile with a username, their first name, their last name and their country. By default, the username is the prefix (the prefix appears to the left of the @ symbol in the e-mail address). The username accompanies any message or comment published by the corresponding user.
Code of conduct.
When creating their user account, users undertake to provide true, exact, up-to-date and complete information on their identity. In particular, they undertake not to create a false identity likely to mislead anyone and not to usurp the identity of another legal or natural person. Users undertake to immediately update, in the event of any modification, the information they provided.
Should users provide false, inaccurate, outdated, incomplete or misleading information, Mr Antony Mc Bride may, without notice or compensation, suspend or terminate the corresponding user accounts and refuse access, temporarily or permanently, to all or part of the services.
Users undertake not to use words, in their e-mail address or in their username, which could infringe the rights of third parties (in particular patronymic names, pseudonyms, brands, or works protected by copyright or any equivalent rights) in any capacity whatsoever and on whatever basis.
Information provided by users, and in particular the username and the password, are personal and confidential and can only be modified at the user's request. Users undertake to ensure that the confidentiality of the information they provided is maintained. In the event of fraudulent use of their password, users undertake to immediately inform Aqua Gutta of the unauthorized use of their user account. Users are solely responsible for the use of their user account. Considering a specific user account, any connection or transmission of data made using any service will be deemed to have been made by the corresponding user under his exclusive responsibility. Users are entirely and exclusively responsible for the use of the contents and the services by themselves.
Minors can only provide the information necessary for registration with the agreement of the persons holding parental authority. The use of Aqua Gutta by minors remains under the full responsibility of the persons holding parental authority. Holders of parental authority are invited to monitor the use made by their minor child(ren) of access to the contents and the services and to keep in mind that the contents and the services are intended to reach a wide audience. It is the responsibility of holders of parental authority to determine which content or service is or is not appropriate for their minor child(ren) and to monitor their use of it.
Commitment.
Users are responsible for the messages and the comments they publish.
Any message or comment brought to the attention of the public is the sole responsibility of the user who originated it. Users ensure that these messages and these comments comply with the laws and regulations in force, and in particular that they respect the rights of property and persons, and all intellectual property rights.
Users undertake not to publish messages or comments of an illicit nature, in particular: defamatory, slanderous, obscene, abusive, discriminatory, racist or sexist, contrary to the presumption of innocence, and undertake not to mention brands, websites, or commercial services that could be considered as inappropriate advertising.
Mr Antony Mc Bride cannot be held responsible for the information provided by users through any message or comment in no way, in particular for the illegal nature of these information with regard to the regulations in force, for errors or omissions in any message or comment, or for any loss or damage resulting from the use of any message or comment displayed.
Users are prohibited to:
- promote any good, product or service,
- publish any message or comment of an unsolicited or unauthorized promotional nature, including engaging in spam, in transmission of junk mail or chain letters, or any other form of solicitation,
- create archive files from the contents, the services, the messages or the comments,
- reproduce, represent, use, or reference (in particular in the meta words of search engines), all or part of the contents, the services, the brands, the logos or the distinctive signs, or Aqua Gutta,
- infringe the intellectual property rights of third parties,
- publish any information that could constitute, without the following being limiting, incitement to commit crimes and misdemeanors, incitement to discrimination, hatred or violence, invasion of privacy, or acts endangering minors, in particular by the manufacture, transport, and dissemination of messages or comments of a violent or nature or of a nature to seriously undermine human dignity,
- publish false news and disseminating or spreading rumours,
- forge headers or manipulating the username to conceal the origin of the information transmitted via the services,
- publish any message or comment containing computer viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, computer, or telecommunications tool without this list being exhaustive,
- hinder or disrupt Aqua Gutta, its contents, its services or its servers or connected networks, or refuse to comply with the required conditions, procedures, general rules or regulatory provisions applicable to connected networks,
- harass in any way another or several other users,
- provide information referring to other applications or websites, whether by the creation of hypertext links, or by the simple provision of information, whose content would be likely to contravene any law or regulation in force, and in particular would be likely to infringe the rights of persons and property, or intellectual property rights,
- make statements that damage the image and reputation of Aqua Gutta or Mr Antony Mc Bride,
- collect and store personal information relating to other users.
Should a user break one of these rules, Mr Antony Mc Bride reserves the right to suspend or delete the corresponding user's account and delete all or part of any corresponding message or comment.
Privacy policy.
The privacy policy aims at informing users of the means implemented by Mr Antony Mc Bride to protect their personal data likely to be collected via Aqua Gutta and its services in accordance with regulations on personal data, including in particular the French Data Protection Act (French law No. 78-17 of 6 January 1978 amended) and the European General Data Protection Regulation (No. 2016/679 of May 25, 2018).
Please refer to our privacy policy to know more.
Cookie policy.
The cookie policy explains how cookies and similar technologies are used to recognize users when visiting Aqua Gutta. It explains what these technologies are and why we use them, as well as the rights of the users to control our use of them.
We do not use cookies to collect personal data.
Please refer to our cookie policy to know more.
External links.
Mr Antony Mc Bride can offer you information concerning other websites or other services, for example through hypertext links.
These hypertext links pointing to third-party websites do not belong to Mr Antony Mc Bride and are for information purposes. Mr Antony Mc Bride does not control these hypertext links. Mr Antony Mc Bride is not responsible for the availability of these hypertext links and does not guarantee it. Mr Antony Mc Bride cannot be held responsible for any proven or alleged damage or loss consecutive or in connection with the use of these hypertext links, or with the fact of having trusted the contents, goods or services available on these hypertext links.
The decision to click on these hypertext links remains under the full responsibility of users. Mr Antony Mc Bride has no control over the corresponding websites and declines responsibility regarding their access, contents, services or use, as well as for any damage that may result from consulting the information on these websites.
However, any hypertext link leading to any illicit content would trigger its deletion by Mr Antony Mc Bride after having been informed of this content.
These terms of service do not apply to other websites. Therefore, users should read these websites corresponding terms of service and policies before use.
Intellectual property rights.
All works, texts, images excluding those copyright-free, photos excluding those copyright-free, illustrations, videos, voice recordings and songs used on Aqua Gutta are protected under intellectual property laws for the whole world. In accordance with the provisions of the French Intellectual Property code, only private use is authorized.
Any other use, except with the prior authorization of Mr Antony Mc Bride or other rights holders, constitutes counterfeiting and is sanctioned under intellectual property. Any total or partial unauthorized reproduction of all or part of the elements of Aqua Gutta is strictly prohibited.
The contents of Aqua Gutta is protected by current legislation on copyright and applicable international conventions. As the owner of the databases, Mr Antony Mc Bride has the right to prohibit any third party from extracting the content of a database on another medium, as well as to prohibit any third party from reusing the content of the database.
Users are authorized to use Aqua Gutta, its content and its services exclusively for personal and non-commercial purposes. The brands, logos, corporate names, trade names, commercial signs and domain names display on Aqua Gutta belongs to Mr Antony Mc Bride and constitute distinctive signs. Unless expressly authorized in advance, any use of these distinctive signs as well as any other distinctive signs belonging to Mr Antony Mc Bride or to third parties, exposes users to criminal and/or civil proceedings.
As the case maybe, users declare and certify to be the owner or the holder of the necessary rights or authorizations, and to benefit from the prior written authorization of each natural person identifiable in their messages or comments, to use their name or their image for the purpose of their dissemination on Aqua Gutta.
Limitation of warranty and liability.
The use of Aqua Gutta, of its contents, of its services and of any element or information obtained through it is the responsibility of users.
Users acknowledge and accept that Aqua Gutta offer contents and services accessible according to the quality of the Internet network. Mr Antony Mc Bride will use its best efforts to maintain Aqua Gutta in an operational state.
Mr Antony Mc Bride undertakes to make its best efforts to ensure that Aqua Gutta is available 24 hours a day, 7 days a week, except in the event of a breakdown, maintenance operations or force majeure. Mr Antony Mc Bride reserves the right to interrupt access to Aqua Gutta, in particular for maintenance operations, without liability being incurred. Maintenance operations will, as far as possible, be carried out at times when the activity on Aqua Gutta is the lowest.
The services allowing users to provide messages or comments do not fall under the editorial activity of Mr Antony Mc Bride, which only makes the corresponding services available to users and stores the corresponding information on its own databases. Thus, messages and comments published by users cannot be considered as reflecting the opinions of Mr Antony Mc Bride. Published messages and comments bind the corresponding user as their sole author.
Mr Antony Mc Bride cannot be held liable for any message or comment published by users if he was not actually aware of these messages or comments before it was put online or if, from the moment he became aware of it, he acted promptly to remove these messages or comments.
Whatever means of control it may have implemented, it is understood that due to the volume of information published, Mr Antony Mc Bride is neither subject to a general obligation to monitor the information it stores, nor to a general obligation to seek facts or circumstances revealing illicit activities, nor to an obligation of guarantee concerning the accuracy, probity or honesty of the messages or comments published by users.
Mr Antony Mc Bride reserves the right to insert, or authorize any third party to insert, advertising or promotional or sponsorship messages in any area of Aqua Gutta, however without any intervention on the contents or the services. These spaces are independent of the contents or the services themselves and cannot in any way call into question Mr Antony Mc Bride's liability regime.
Miscellanaous.
These terms of service are subject to French law. In case of discrepancy between languages, the terms of service written in french prevail.
If one or more stipulations of these terms of service are held to be invalid or declared as such pursuant to a law, a regulation, or following a final decision of a competent jurisdiction, the other stipulations will retain their full force, effect and scope.
The parties involved agree to do their best to resolve amicably any dispute that may arise from the interpretation of the execution or the termination of these terms of service. Failing this, any dispute will be subject to the exclusive jurisdiction of the French courts.
