Terms and Conditions of Use and Services

Updated on 06/20/2024

Preamble

These terms and conditions of use and services (hereinafter referred to as the "T&C") govern the conditions of access to and use of the website available at the main URL www.lysta.fr, including all of its subdomains (hereinafter referred to as the "Site"), the services available via the Site, and the use of information from the Site as defined below.

Access to and browsing of the Site by any user is subject to the prior consultation, acceptance, and full compliance with these T&C. Use of the services offered by the Site also implies full and unconditional acceptance of the T&C.

The online version of the T&C available on the Site is the only enforceable version for the User. Lysta reserves the right to modify these T&C at any time without notice. Modifications take effect upon publication on the Site and apply immediately to all users. It is the User’s responsibility to regularly consult the T&C to stay informed of any updates.

Failure to apply or tolerance by Lysta regarding the enforcement of one or more provisions of the T&C shall not be interpreted as a waiver of the right to enforce those provisions later.

If any provision of the T&C is deemed invalid or unenforceable under applicable law, the remaining provisions will retain full force and effect.

1. Definitions

In these T&C, the following terms, used in singular or plural, have the meanings given below:

Database: A collection of works, information, or other independent elements, systematically or methodically arranged and individually accessible by electronic or other means, including updates and new versions, owned or licensed by Lysta.

Account: The individual account of a User, enabling them to use some or all functionalities of a Service.

Services: The services involving the provision of Information by Lysta to the User via the Site.

User: Any person who has created an account or for whom an account has been created and who may access any Service (free or paid) provided by Lysta via the Site.

2. Access to the Site and Services

Browsing the Site at www.lysta.fr is free and open to any User with internet access.

Access to services offered by the Site is reserved exclusively for Users with an account ("Account"). To access the services, the User must visit a dedicated subdomain (e.g., app.lysta.fr) and log in using their Account credentials.

The User agrees to keep their Account credentials confidential and secure, and not to share them with any third party. They are solely responsible for any use of their Account. Lysta must be informed without delay in case of any suspected unauthorized use.

3. User Conduct

By using the Site and/or Services, the User agrees to behave respectfully and in accordance with on-screen instructions. The User must not use the Site or Services in a way that violates current laws, disrupts public order or morality, or harms the interests, reputation, or image of Lysta or the rights of third parties.

Specifically, the User agrees to:

  • Comply with all applicable laws and respect third-party rights and these T&C.
  • Use the Site honestly, for personal purposes, and in line with legal, regulatory, and common standards.
  • Respect intellectual property rights: The User must not reproduce, distribute, or share any Site content without the express authorization of Lysta or the relevant rights holders.
  • Use functionalities according to their intended purpose: Misuse or attempted misuse of Site functionalities is prohibited.
  • Not use automated tools: Using software bots or any automated method to browse the Site is strictly forbidden.
  • Not introduce data, information, or content that could disrupt or slow down the normal use of the Site or communications between Users.
  • Not collect third-party information for commercial solicitation, directory building, or competitive monitoring purposes.

If any of the above rules are violated, Lysta reserves the right to restrict or block the User's access to the Site and/or Services, temporarily or permanently, without compensation.

4. Site Management

To ensure optimal management of the Site, Lysta reserves the right, at any time and without notice, to:

  1. Remove inappropriate content:
    Remove any information or content that may disrupt the proper operation of the Site or that violates national or international laws.

  2. Perform updates:
    Temporarily suspend the Site to perform maintenance or updates necessary for its proper functioning and to improve the services offered.

5. Lysta's Responsibility

Lysta endeavors to keep the Site updated. However, the User acknowledges that Lysta does not control all data and information published on the Site. Therefore, Lysta does not guarantee the completeness, accuracy, currency, or error-free nature of the information, nor that it fully meets the User's expectations.

As a result, Lysta disclaims all liability for the use of the Site or its content by the User or any third party.

Lysta will make every effort to ensure continuous accessibility and availability of the Site. However, Lysta cannot be held responsible for:

  • Site unavailability: Temporary suspension or unavailability of the Site for any reason.
  • Technical incompatibility: Issues arising from compatibility with the User’s software, systems, or devices.
  • Power outages: Service interruptions due to power outages or external technical problems.

6. Unlawful Content

Lysta strongly encourages Users to report any content that may appear unlawful, offensive, shocking, or contrary to morality. Please report such issues to: contact@lysta.fr.

Upon receiving a report, Lysta reserves the right to take all necessary measures to address unauthorized or unlawful use of the Site.

7. Intellectual Property

Copyright on the Site

Lysta takes legal and technical measures to protect its intellectual property rights. The Site and all of its components – including trademarks, software, custom developments, and databases – are the exclusive property of Lysta. Nothing in these T&C may be construed as a transfer of intellectual property rights from Lysta to the User.

Therefore, the User may not:

  • Reproduce, represent, use, or distribute any part of the Site (text, photo, image, video, audio, software, trademark, logo, company name, or other distinctive signs) in any way or form, except for strictly personal use and provided all copyright and legal notices are retained on any printed copy;
  • Extract or reuse all or a substantial part of reviews/evaluations or other databases on the Site, or perform repeated and systematic extractions of non-substantial parts beyond the scope of normal usage;
  • Exploit, commercialize, or distribute the Site or any of its elements for third-party benefit;
  • Modify, remove, or alter any intellectual property or copyright notices appearing on the Site.

Any non-compliant use is unlawful and may lead to prosecution. Lysta’s failure to act immediately upon discovering unauthorized use does not imply acceptance or a waiver of legal action.

Database

The User acknowledges that the Site is composed of one or more databases made available by Lysta as the producer of said databases under articles L341-1 and following of the French Intellectual Property Code.

Therefore, any extraction and/or reuse of the databases as defined in articles L342-1 and L342-2 is prohibited.

8. Technical Support – Complaints

For technical inquiries or complaints, Users may contact: contact@lysta.fr.

9. Personal Data

All personal data processing by Lysta is carried out in accordance with its Personal Data Use Policy.

10. Governing Law and Jurisdiction

These T&C are governed by French law. Any dispute relating to the interpretation, execution, or validity of these T&C shall fall under the exclusive jurisdiction of the competent courts in Paris, France.