éko.fr, webradio for everyone featuring 30 webradio stations, in hi-fi quality, 24 hours/24, 7days/7, without advertisements
General Terms of Sale and Site usage conditions
A user accessing this site undertakes to comply with the usage conditions indicated herein, and accepts all of the general terms of sale.The company reserves the right to modify the information herein at any time, notably by updating this site.
Acceptance 1. The present agreement, defined as the General Terms of Sale for the service provided by the Web site in question www.eko.fr is established between eko and the user of the present site.
Validity
2. The service offer contained herein is valid until 31 December 2007.
Description of the service
3. The purpose of this service is, in exchange for payment, to provide the user with entertainment and access to texts, sounds, videos and images from the web site in question éko.fr, owned directly or indirectly by the said site. The user has a non-exclusive right to use the content for his/her own and personal purposes. Under no circumstances can the consulted contents be communicated, duplicated or transferred to anyone, whether for payment or not, on pain of the payment of damages.
Modifications
4. The present General Terms of Sale and Usage Conditions can undergo modifications without notice or communication from éko to the service user. The modification or cancellation of one or more parts of the present agreement in no way cancels or alters the rest of the agreement or the commercial relation with the user.
User’s access to his/her personal information
5. In order for the user to register for the service provided by the éko.fr site, certain information regarding the user may be requested by means of a Registration Form.
6. In compliance with the law of 6 January 1978, the user has the right to access, rectify and oppose the personal data relating to herself/himself that are gathered via this site.
7. All information regarding the user’s personal data will be handled in compliance with the information technology and freedoms law. The user therefore has the right to access and rectify the data regarding him/her. In any case, the user’s data will not be revealed, transferred, sold or rented to any external company without his/her approval.
8. The personal data provided by the user can be modified or erased from our files at the user’s request. éko.fr is responsible for the data file of all users subscribing to the service and undertakes to provide them with access to their own data if they so request this access and provide the information supplied during their registration, by electronic mail to the following address: info@eko.fr
Responsabilities
9. éko.fr will not provide Internet access services. This service must have been contracted, or be contracted INDEPENDENTLY of the service offered by éko.fr. Consequently, éko.fr, will in no way be held liable for the poor operation or insufficient delivery of the Internet access services and/or the communication services with the present site
10. Any usage of the software programs accessible via this site is subject to the terms of the licence contract.
11. éko.fr will not provide technical assistance relative to the operation of the software needed for browsing on the Internet.
12. The user also recognizes that he/she is responsible for the Internet connection expenses, both technically and financially.
13. The user confirms that he/she will access the present site by means of an up-to-date Internet browsing software program, such as Microsoft Internet Explorer. If the user does not have software of this kind, he/she can download such a program at no cost from the Internet site of the above vendor.
14. The user confirms that, to access the present site, he/she is using a personal computer equipped with Windows 95 or more recent, with at least 32 MB of RAM, or a Macintosh computer of the Power Mac type, at least.
15. In view of the immaterial nature of the service provided by éko.fr and its technical characteristics, the user of the present site’s service recognizes that problems and/or poor operations may be encountered during communications with the present site.
16. All of the information accessible via this site is provided as it is.The company gives no explicit or implicit guarantee, and assumes no liability relative to the usage of this information. The company is not liable for the exactness, nor for errors or omissions contained on this site.The user bears sole responsibility for the usage of such information.
17. The user recognizes that éko.fr may be required to modify, without notice, the content of the site by means of adding or removing parts or services.
18. The user is solely and entirely responsible for his/her identification that provides access to the present site’s service. This identification consists of his/her own name, secret username and secret password, which have been provided to the user. Verification will therefore only require the user’s name, username and password. The user is solely and exclusively responsible for any consequences resulting from the usage of these elements by third parties, for their improper usage, and for the loss or forgetting of the username or password.
19. The user undertakes not to oppose the payment for the éko.fr services for the reasons mentioned above.
20. By using the Site’s services, the user recognizes:
- that it is aware that, in view of the nature of the Internet, éko.fr cannot guarantee the availability of the Services and does not incur any liability as a result of their unavailability.
- that it is aware that any violation of the applicable legislative provisions and/or infringement of the legitimate interests of third parties or of their intellectual property rights during the consultation of a web site by means of the hypertext links available on the Site can result in the user being subject to legal proceedings and penalties.
21. The public liability of éko.fr for the supplied services is limited to 1 (one) connection. The user of the present site’s service expressly renounces any right to invoke the liability of éko.fr. The user also renounces any claim for damages and interest against eko.fr for any possible errors, slow service or access errors involving the present site. Finally, the user renounces any claim, even in case of losses of profits, data, files or of any other information that could exist in the computer or network of the user registered on the present site.
22. All commercial offers on the site are limited to the availability of the stocks and will be delivered, in case of physical media (CD, DVD, etc.), by mail within an interval of 4 weeks and, in case of IT information (login, password) by electronic mail within an interval of 72 hours. In case of stock shortages, éko.fr undertakes to replace the product announced on the site with another product of the same nature and a commercial value at least equal to that of the previous product.
Interruptions and Inaccessibility
23. The liability of éko.fr cannot be directly or indirectly invoked for any reason or for any purpose whatsoever:
- in case of interruption of the site’s service as a result of maintenance operations or the behaviour of users of the site,
- in case of inaccessibility and/or inability to use the site by any user of the site.
Protection
24. As a user of the Site, each web server will be required to take the appropriate measures to protect his/her own data and/or software programs from contamination by the possible viruses circulating over the Internet. Under no circumstances can éko.fr, its employees, suppliers, or the third parties mentioned on its Site be held liable.
Subscription provisions 25. The user authorises éko to debit his/her bank card for the amounts corresponding with the services purchased from the web site in question, eko.fr. The debits will be made to the user’s bank account under the name “Mobi” or “Mobiquid”.
26. The amounts corresponding with the user’s subscription and or any other service used on the present site will be debited in euros, as the banking transactions of éko.fr are carried out from France.
27. The reference price basis is the EURO (EUR). All of the prices are inclusive of tax. Any amounts indicated in other currencies are given solely for the purpose of information.
28. The respective costs for the various access formulas are indicated on the present site and in the secure payment form.
Subscription duration
29. For the accesses stipulated as being non-renewable in the payment form, and for the accesses known as “tacit renewal”, the online service access duration is indicated in the payment form.
For the automatically renewing subscriptions known as by “tacit renewal”, the subscription fees will be automatically renewed at the end of the initial subscription period and for an equivalent period, except for the subscriptions known as “trial or discovery”, which are renewed by another subscription, the duration and price of which are indicated in the secure payment form.
By subscribing to the service, the user commits to the offer’s stipulated period as indicated in the subscription pages on the present site.
30. Any subscription period begun by the user is payable in full .
31. At the end of the commitment period, the subscriber can terminate the automatic renewal of his/her subscription by writing to info@eko.fr and providing the username and password that were provided to the user at the time of the initial subscription.
32. éko.fr reserves the right to refuse the opening of an access to its content, without having to justify its decision.
33. éko.fr will terminate, without reimbursement, any account that is suspected of being used for purposes that are contrary to the usage rights or copyrights, and can demand reparation for any damages incurred.
34. éko.fr will terminate, without reimbursement, any account that is suspected of being used by several people, and can demand reparation for any damages incurred. Consequently, the customer assumes full responsibility for the usage that may be made of the personal information that comprise his/her account.
Details for éko's trial period 35. The first 13 days are free.
This free trial period starts the day you subscribe and finish 13 days later.
You don't have to pay anything during this period.
If you don't want to pay the monthly 9.99 € bill you have to contact éko before the end of the trial period in order to cancel your subscription.
You can send éko a cancelling e-mail directly from the "member area", in the cancelling section.The termination of the subscription offer does close the access to the service at the end of the commitment period.
In the case of the free trial offer the termination is immediate.
Service modification 36. éko.fr reserves the right, without advance notice, to modify and/or terminate all or part of the Services. The total or partial nullity of any of the provisions of the present usage conditions as a result of a legal or regulatory provision or of a final legal decision will in no way result in the nullity of the other provisions or of that part of the provision that is not affected by the nullity.
Copyrights and works
37. All programs, texts, sounds, videos, images, interfaces, and screens present in the éko.fr website are protected by the French law on Copyrights and Intellectual and Artistic Property and by the International Copyright Conventions.
38.The unauthorised and/or illegal reproduction, disclosure, usage, modification or any other type of exploitation, whether direct or indirect, on any analogue or other medium, of the elements indicated above will result in the initiation of appropriate legal actions by éko.fr, by the holders of the exclusive rights assigned to éko.fr, or by the third parties in question against the offender(s).
39. All signs, symbols, logos and brands, whether figurative or personal, appearing on the present site represent exclusive rights of éko.fr or of third parties who have assigned rights to éko.fr in keeping with the applicable French legislation, or pursuant to the international conventions on the protection of property rights.
Their presence in no way constitutes a licence or usage right of any kind to the said brands, which can therefore not be used without the prior written consent of the brand’s owner; violation of this condition constitutes infringement.
40. No site providing a hypertext link to the present site is under the company’s control, and the company therefore declines any liability with regard to their content. The user bears sole responsibility for their usage.
Disputes 41. In case of any dispute between the user and éko.fr, the legislation of the French Republic will be applicable, and the Courts of Paris will have jurisdiction.
This site respects copyrights. All rights are reserved with regard to protected works reproduced and communicated via this site. In the absence of authorisation, any usage of the works other than individual and private reproduction and consultation is forbidden.
éko.fr, SARL (limited company) with capital of €1000 Head office: 20, rue du Sentier – 75002 Paris Téléphone : 01 55 80 20 20 Publication Director : Cyril Zimmermann Contact :info@eko.fr
