First publication date: 14/06/2022 

Preamble

The company Colibri SAS (hereinafter “ManoMano”) operates a website intended to present and centralise public information about ManoMano and its news, and to facilitate the connection between ManoMano and any user (hereinafter “the Site”).

1. Acceptance and modification of the General Terms and Conditions of Use

The purpose of these General Terms and Conditions of Use (hereinafter the “General Terms and Conditions of Use”) is to define the terms and conditions of access to and use of the Site by anyone accessing the Site (hereinafter the “User”). 

Use of the Site entails by operation of law the prior, express and unreserved acceptance by the User of all the provisions of these General Terms and Conditions of Use. 

At any time, ManoMano reserves the right to refuse access to the Site unilaterally and without prior notification to any User who does not comply with these General Terms and Conditions of Use.

The User is informed that the General Terms and Conditions of Use of the Site may be modified at any time, without notice, and unilaterally by ManoMano in order  to comply, in particular, with any changes in its services or any changes to the law/case law, or editorial and/or technical changes. In the event of changes to the General Terms and Conditions of Use, the date of the last update will be mentioned at the beginning of the General Terms and Conditions of Use.

2. Site access terms and conditions

The Site is freely accessible and free of charge to any User under the URL “about.manomano.com”. The User must have internet access.

All software and hardware necessary for the use and operation of the services of the Site or access to the Internet are the responsibility of the User. The User is solely responsible for the proper functioning of his/her computer equipment and access to the Internet.

3. Service Availability

ManoMano makes its best efforts to ensure the availability of the Site. ManoMano does not guarantee that the Site will operate in any operating environment and that it can be used at any time without interruption or error, or that any errors may be corrected. The availability of the Site is subject to a simple “best efforts” obligation.

As the Site is constantly evolving, it is subject to ad hoc changes and/or temporary or permanent interruptions without notice, particularly for maintenance reasons. ManoMano shall not be liable for any unavailability of the Site as a result of these changes.

In this context, ManoMano reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to ensure its maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

4. Intellectual property  

4.1. Database

ManoMano is the producer and owner – or licensee – of all or part of the databases, their structure and content, which make up the Site. 

By accessing the Site, the User acknowledges that the data constituting it are legally protected, and that, in particular, he/she is forbidden from : extracting – in particular by web scraping – reusing, storing, reproducing, representing or saving, directly or indirectly, on any medium, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part, the content of the databases appearing within the Site, as well as repeatedly and systematically extracting or reusing parts that are qualitatively and quantitatively non-substantial, when these operations clearly exceed the normal conditions of use.

4.2. Trademarks and content of the site

ManoMano holds trademark rights to the term “ManoMano” and the associated logo(s) in the European Union. 

Furthermore, all the content of the Site, including but not limited to the domain name, texts, the graphic charter, graphics, photographs, drawings, sounds, images, audio and video content, but also the structure, the navigation plan, the design and organisation of its sections, their titles, existing or future (hereinafter the “Site Content”) is protected by intellectual and/or industrial property rights, owned, claimed or licensed by ManoMano, with the authorisation of the owners of these rights. 

ManoMano grants any User, on a non-exclusive, personal and non-transferable basis, the right to use the Site for his/her sole needs. This right is granted for the duration of the use of the Site. This granting of rights does not entail the transfer of any intellectual and/or industrial property right to the User.

Any use of the “ManoMano” trademark as well as any other trademarks, figurative or not, belonging to ManoMano or to third parties, as well as any use, reproduction, copying, dissemination of one or more parts of the Site Content for anything other than private use  is prohibited and may result in criminal and civil proceedings for the User. 

4.3. Using the Image Bank

Only the Content (logos, images and/or photographs) present in the “News” section of the Site may be licensed for use to third parties (press agencies, bloggers, influencers, etc.), subject to having obtained ManoMano’s prior agreement via the contact form present on the website: about.manomano.com/en/en-contact.

This non-transferable licence is granted free of charge and without the right to sublicense. It is valid for the whole world and for a period of 2 years. This licence may be revoked at any time (including by modification of these general terms of use).

The Licensee shall not : 

• modify (including adapting, correcting or retouching) the contents of the Image Bank, in whole or in part, in any manner; and, 
• use any content in the Image Bank in such a way as to prejudice ManoMano, in particular by association with or in the vicinity of any content which is contrary to common decency, offensive or defamatory, contrary to the protection of children, inciting violence, hatred or discrimination, obscene, pornographic or paedophilic in nature, disparaging ManoMano or third parties, calling for the boycott of ManoMano, its partners or any third party, or violating  the personality rights, copyright, image rights, related rights, trademark rights or any other intellectual property rights of ManoMano or any third party; and, 
• generally,  use or exploit the contents of the Image Bank for any purpose other than that expressly provided for. 

In any event, ManoMano shall remain the sole owner of the intellectual property rights attached to the contents of the Image Bank and the Licensee shall not claim, in any way whatsoever, any ownership of such contents.

In the event of reproduction or representation of one or more contents of the Image Bank, the Licensee undertakes, if reasonably possible, to mention in connection with the content(s) that the latter is/are the exclusive property of ManoMano. 

Any use of the contents of the Image Bank not expressly provided for in this Article shall be strictly prohibited. 

Anyone who is not a Licensee and who wishes to use one or more parts of the Image Bank content, for example to illustrate informative content on ManoMano, may contact ManoMano to request ad hoc usage permission, which may be granted on a case-by-case basis, at ManoMano’s sole discretion. 

The rest of the Content (logos, photographs and/or images, etc.) present on the rest of the Site, which does not fall under the heading “News”, may not be used and/or reproduced by third parties. 

5. Responsibility 

To the maximum extent permitted by law, ManoMano disclaims all liability for any damage suffered by a User as a result of his/her use of the Site , including in the event of (i) indirect damage or (ii) any loss of profits, business, contracts, customers, business opportunities, revenue or savings or loss of data or information.

6. Disputes and applicable law

These General Terms and Conditions of Use are governed by French law. Any dispute relating to their interpretation and/or performance falls within the jurisdiction of the French courts.

They are written in French. In a case involving translation into one or more foreign languages, only the French text would prevail in the event of a dispute.