GENERAL TERMS OF USE

As a reminder, any use of the messavista site is subject to your prior acceptance of this document. As a result, please carefully read this document before your first visit and read it regularly thereafter, so as to be informed of any possible change.

Rules of the messavista site

Article 1. Introduction
The purpose of this document is to set forth the terms and general conditions upon which the messavista site allows the Member to access its database as well as the terms upon which the Member may take part therein.
Any connection by the Member to the database of the messavista site is subject to compliance with these rules, which the Member has accepted and has agreed to comply with upon registering with the site’s Programme.

Article 2. Purpose
The messavista site is not intended to create, replace or override a will : therefore, it is not possible to include will provisions or estate distributions in the message.
The purpose of the messavista site is to allow its members to write messages (in the greatest confidentiality and using a secure code) that can then be read on line by their intended readers, posthumously, and only when the site’s company receives the order, materialised in the receipt of a pre-filled letter called « Official Procedure Initiation sheet » indicating and certifying the death of the designated member. The messavista site shall have secured and restricted access for its members and the intended recipients of the messages through the confidential and personalised codes.
The letter will first be sent to the member upon registration and will include his references and details as well as his membership number. The member should then provide it at least to one trusted person (relative, friend…) referred to as « natural person » or to an organisation or authority (lawyer, solicitor, registrar of births and deaths of city hall or prefecture …) referred to as « legal entity ».
Each holder of the letter, referred to as « the Guarantor », upon the announcement of the death of the member, shall promptly send the letter to the messavista site by any means he chooses : (e-mail or fax) so messavista can carry out its duty to send (by the means predefined upon the member’s registration) a « Notification Message » including a personalised access code to each intended recipient and invite them to read their own message on the www.messavista.com site.
The messavista site also offers additional services such as death notifications, last wishes (except for successoral or estate purposes), planned messages.
These services are attributable and carried out upon the condition that the subscriber has subscribed for at least one packaged offered by messavista but they bear costs additional to the initially chosen subscription (message packaged or unit price).
In addition, they are related to the term of the subscription and are subject to the same general terms of use for their delivery.

Article 3. Membership

3.1 Membership conditions - Warning
No written message to third parties should cause nuisances to them or contain pictures or videos compromising them. The composition of such messages is the member’s and writer’s sole responsibility. The site and the company decline any liability for sent message contents.

Thus by becoming a member of the Messavista.com site, you agree not to use the Site to :

·         Download, send, convey by any means, any illegal, harmful, threatening, abusive, harassing, slanderous, vulgar, obscene contents or contents threatening to the private live of other people, hateful, racist or otherwise punishable ;

·         Affect in any way underage users ;

·         Convey any Contents that could constitute any of the following : encouragement to commit crimes or offences ; encouragement to discriminate, hate or display violence based on race, nation or ethnic groups ; false information ; breach of court authority justice ; information relating to the adoption, lawsuits, suicide of children or individual tax status ; slander and abuse ; breach of privacy ; or act jeopardising children including but not limited to the manufacturing, transport and circulation of violent or pornographic contents or contents likely to affect human dignity seriously ;

·         Infringe stationery or otherwise tamper with the identifier so as to conceal the origin of the Contents sent via the Site ;

·         download, display, convey by any means any Contents infringing any patent, registered trademark, manufacturing secret, right of intellectual property or any other property right (hereinafter referred to collectively as the " Rights ") belonging to other people ;

·         download, display, convey by any means any unsolicited or unauthorised advertising or promotional material (including send " Spam ", send " junk mail ", chain letters or any other form of solicitation) ;

·         impede or disturb the Site, the servers, the networks connected to the site, record or convey files and data containing viruses or programmes intended to delete data in memory or any other contamination function, or refuse to comply with the required terms, procedures, general rules or regulatory provisions applicable to the networks connected to the Site ;

·         breach, deliberately or not, any applicable domestic or international law and any other legally enforceable rule ;

·         harass in any way one or more other users :

collect and store personal data pertaining to the other users.

You agree that the company operating the Messavista.com site cannot view the Contents prior to circulation. However, the company operating the Messavista.com site or any person or entity designated by that company, reserves the right, at its sole option (though it is not required to do so) to refuse or to circulate any Contents available via the Site. In addition, the Company, or any person or entity designated by it, may delete or withdraw any Contents breaching the terms of this document or otherwise punishable. You also agree that you should display judgement, and bear any risk pertaining thereto, in your use of the Contents.

You understand and agree that though the Company protects the Contents, it may have to disclose the same to comply with applicable laws or if in good faith, the Company believes that such a measure is required as part of court proceedings, to enforce the Terms of Use of the Site, to reply to claims based on the breach of third parties’ Rights, to protect the Rights or interests of the Company and of the site, its users or the public.

3.2 Confidentiality duty
The company managing the site agrees to provide, in confidence, each of the messages and their Contents (as needed with pictures or videos) solely to their intended recipients without informing other intended recipients or third parties. Such provision shall be made using a personal and confidential code sent with a « Notification Message » to each recipient, by the means chosen upon the member’s registration by (e-mail, SMS, …). Any of the intended recipients’ data (e-mail address, cell phone n° …) and text Contents (messages) can be changed by the member from the site, using his confidential code as many times as needed and in strict confidence. Collected information (text message, pictures and videos …) shall be restricted access (access code) so only those individuals designated by the subscriber may access their message.

3.3 Opening the personal account – secure payments
The Member opens his personal account by filling in all of the sections indicated upon his registration, which is not confirmed before the sheet is fully and properly filled out, the « General Terms of Use » read, and before the prior payment of the contribution according to the following terms. Upon registration he shall choose a password. A personal member number will then be assigned to him by messavista.
Subscription costs are written in euros and/or US dollars all taxes included without internet connection costs.
The future member of the messavista site will be asked for his credit card number.
Contribution payments are made by credit cared only : Visa, MasterCard, American express and others. The account shall only be active after the payment of the contribution by the banking institutions authorised to complete it.
The provision of the credit card number as well as the contribution payment are the subject of the secure protocol on the secure site of Banque Populaire to protect any sensitive payment date as efficiently as possible and achieve confidentiality for information provided by the new member.
Your credit card number is entered on the secure servers of Banque Populaire which will only provide us with the agreement or denial of your bank. This means that in no event we will have access to any information regarding your card or your banking position.
The member will need to reenter his banking details in the event he extends the (purchase of additional services, change in package…) or subscription renewal. 

3.4 Identifier

The Member will be assigned a member number upon registration (login). But shall first choose his personal password upon his registration.
The login/password combination is secured and personal is useful for using the site’s services.
If lost or forgotten, the Member may ask messavista to provide his member number by contacting messavista.
The Member agrees to keep secret his Identifier and not to disclose it to third parties in any form, it being stated that any use of the Member’s identification details shall be under his own responsibility.
The same applies to intended recipients which shall identify themselves on the site with their access codes issued upon the sending of the « Notification Message » to read their message. (Identifier and e-mail address)

3.5 Rules acceptance - Proof.
The Member upon registration has read these rules and indicated his banking details by clicking "J'accepte les Conditions Générales d’Utilisation" on the page summarising the data sent to messavista . By clicking the "J'accepte les Conditions Générales d’Utilisation" box the member confirms his wish to register with the site and states that he fully accepts the rules and subjects himself thereto unreservedly, it being stated that the acceptance of these rules is conditional of the confirmation of the registration and participation in the services and programme of messavista’s database
The data recorded by messavista constitute evidence of the member’s registration with the messavista site
The data recorded by the payment system constitute proof of the financial transactions.

3.6 electronic information and communications
The Member, by the fact of his registration, agrees to receive the newsletters and other electronic or other communications sent to him through messavista.
However, he may object thereto by clicking " Non ".
The Member may change his choice at any time by clicking the " yes " icon for the above-mentioned authorisation.

3.7 Information truth and updating
The Member agrees to provide true and complete information about him and his intended recipients and to update the same regularly, as needed, enabling him, among other things, to receive information and/or electronic letters and so the site can operate and provide its services properly.
Thus the messavista site may, as needed, ask the intended recipients of its members directly to confirm their details so the site may as needed provide its services including the regular updating of the future intended recipients.
The information provide shall not be used other than for the purpose of the services offered by the site and shall not be circulated other than to the people or organisations that you indicate, and will be automatically deleted upon the expiration of the message reading time that will confirm a contract end.

Article 4. Connection
Access to the database is on a 24 / 7 basis, except in the event of force majeure or of an event beyond the site’s control, and subject to possible failures and maintenance downtime required for the proper operation of the Programme and its equipment.
The Programme is access from the Member’s computer connected to a telecommunication network allowing access to the Internet.
The cost of telephone communications allowing to connect to the Internet network and to the http://www.messavista.com site as well as its partner sites are exclusively borne by the Member or the Visitor.
Access to the Programme is subject to the Member properly entering all his personal data in the identification sheet.
To download a message, the intended recipients should connect to the site and include their confidential access codes provided upon the sending of the « Notification Message » announcing that they had a message. That first message will be sent by the method approved upon the registration (e-mail, SMS, …).

4.1 Operating method – services ( refer to the operating method on the le site)

Article 5. Termination

5.1 Termination by the site
messavista reserves the right to terminate this agreement by right, by electronic mail, without any notice or compensation, in the event the Member fails to perform his duties, in the following cases :
• any hacking and/or  attempt to use illegal information and data found on the site ;
• abusive or fraudulent use of the database in a manner detrimental to the interests of the site and/or falsification of information sent to the site ;
• any process consisting in taking part in operations with several passwords or codes linked to the same individual and more generally any disloyal behaviour of the Member to the detriment of the other members’ Rights, such as, but not limited to the use of any equipment and/or computer or other programme, aimed at substituting to the human person ;
• following a notification by Internet users that the Member does not comply with the Internet good conduct code or is using the Internet in a manner detrimental to this parties or breaching public order or moral standards ;
• due to any breach, other than those mentioned above, of any of the provisions of any rules on the messavista site organising the participation in the site ;
The messavista site’s finding of any of the above-described situations shall result in the immediate interruption of the access to the database and the Member’s banning from entering into any future membership in the database of the messavista site
The termination notified to the Member by e-mail shall be recorded by the messavista site in the termination file, ensuring the perfect integrity and keeping of the said messages.
Any termination shall also result in the immediate cancellation of his account, and the Member shall also bear any cost and damage that his behaviour may have caused to and as a result shall hold the messavista site harmless against any claims from third parties. In addition, the member shall not request the return of amounts collected by messavista for his first registration or any automatic renewal thereafter, such as defined in article 10 of these rules, even if the termination occurs during the subscription period.
messavista also reserves the right to terminate this Contract automatically, at any time, without notice and without any compensation of any kind, by electronic mail, in the event of the interruption of the Programme or legal or regulatory change or any ruling by an administrative authority affecting the provision of the database in any substantial manner.

5.2 Termination by Member
The Member may also terminate his membership at any time by notifying it by registered mail with receipt confirmation to the messavista site
The termination shall become effective subject to indication the member’s number, personal password and details.
The former member shall not claim in any way from the company operating the messavista site, any amount collected by it for his first registration or any automatic renewal thereafter, even if the termination occurs during the subscription period.

Article 6. Changes in rules
The messavista site reserves the right to change these rules by right, at any time and without notice, without any other formality than entering such changes in the on line rules. The new provisions shall become effective upon being published on line in these rules.

Article 7. Applicable laws - disputes
These rules and more generally all relations between messavista and the Members or Visitors shall be governed by the laws of France.
Any dispute shall be brought before the courts of France.

Article 8. Liability of the company operating the messavista site

8.1 Duty of means
The reading of, and possible participation in, the database of messavista require the Member’s knowledge and acceptance of the limitations of the Internet, including as to its technical performances, possible interruptions, as well as, more generally to risks associated with any connection and transmission on the Internet, including data stealing risks, hacking, illegal access and contamination by possible viruses found on the network.
As a result the Member understands that networks can have unequal transmission capacities and specific use policies, and that no one can guarantee the proper operation of the Internet as a whole, so their connection to the site and their possible participation therein is fully under their own responsibility.
As a result, the messavista site assumes merely a duty of means, not a duty to achieve, in the performance of the services.
As a result, it agrees to apply all means available to it to ensure the access to its Programme by the Members and Visitors and to perform the message provision services to the extent needed and requested formally by the intended recipients, on time and by means other than the internet network (SMS, MMS, Fax or letter postal).

8.2 Liability disclaimer
The messavista site shall not be held responsible in events including but not limited to :
• if, for a reason beyond its control, some Programmes were interrupted, suspended, changed or cancelled as well as more generally, in the event of any failure in the access to the messavista site and/or to partner sites ;
• direct or indirect consequences and/or any damage affecting the Member or the Visitor as a result of a defect, hacking, contamination of his own data and/or software and/or in the event of the use of computer resources external to those provided to the Member of the messavista site
• the transmission and/or receiving of any data and/or information on the Internet or the loss of any data and/or electronic mail ;
• in the event of the use of the Programme, by the Member, in a manner breaching these rules ;
• in the event of the abuse or hacking of the password, code, personal information, and in the event of any attempted intrusion or possible intrusion by a third party, including in the Member’s account.
• in the event the member fails to comply with the provisions of article 3 of these rules.
• the company operating the site declines any liability for any breach of moral standards or third party privacy.

Article 9. Member’s duties and responsibility

9.1 Rules for using the Internet
The Member agrees to comply with applicable Internet rules. He shall refrain from connecting or attempting to connect to any part of a site, server or account he has no authorisation for.
The Member also agrees to take all required measures to protect his own data and/or software against possible contamination by viruses found on the Internet and therefore on the database Programme and attempted intrusion by third parties.
The member is also informed that the data found on the Internet can be regulated in terms of use or protected by copyright, including intellectual property rights.
They agree to comply with all Rights pertaining to the data, and shall be solely responsible for the use of the data that they read, interrogate and transfer.

9.2 Loyal transmission of information and confidentiality
The Member shall be fully responsible in his name for any information and data he supplies to the site including the general details of his intended recipients and consequently agrees to provide loyal and quality data, which he shall update as needed.
The Member is informed of the fact that his personal data found on the Internet are not protected against abuse and possible hacking, and that he provides such data and information, including those he deems " confidential", at his own risk.
Collected information (text messages, pictures and videos …) shall be entitled to restricted access by secure code so only those designated individuals can access their personal message.
The members has a right of access, modification, rectification and deletion of his data (Information and Freedom Act dated January 6, 1978 amended) on request sent by e-mail : contact@messavista.com

9.3 Loyal behaviour and compliance with site rules
The Member agrees not to read and use the messavista database nor access Partners’ sites for illegal purposes, nor convey messages breaching public order and moral standards, nor send messages or information likely to damage the messavista site, its Members, its Partners or third parties, nor to impede the use of the database, and use the Programme to convey viruses or any other harmful Programme.
The Member agrees to comply with these rules, as well as any use conditions, codes and behaviour rules published in the messavista site and its Partner sites and to display loyalty when using the same.
More generally, the Member understands that he is solely responsible for the use of his access to the site’s database and holds the latter harmless against any direct or indirect, material or financial loss caused by him, or one of their employees or third parties in connection with their use of the database.
All messages breaching the law or slanderous will be deleted.
A moderator may delete any message breaching the law (example : paedophilia, encouragement of racial hatred, revisionism, etc …).
Regarding pictures or videos, it is formally stated that such material should not affect the rights of other people to their image and privacy.

9.4 Personal and confidential use of the Identifier
The Member is solely responsible for the use of his (member number/password) login/password combination and agrees to keep it secret.
Thus, any connection to the database or sending of data completed with the Identifier of the Member shall be deemed completed by the Member or one of his employees under his full responsibility.
In the event of theft, abuse, and use of his login/password combination, the Member should advise messavista promptly by e-mail, or registered mail with acknowledgement of receipt, so as to lock the access to his account, and shall be solely responsible for any unauthorised use until his account is blocked by messavista and a new member number is assigned.

Article 10. Term of subscription
The subscription starts upon the identification sheet being properly and fully completed by the Member and approved by the site and the contribution payment has been completed by the banking institution according to the terms specified in article 3.3 of the rules.

The subscription contract is entered into for a term equal to the term chosen by the member upon registration, the expiration thereof being effective upon the anniversary date. The term can be 1 year, 5 years, 10 years, 20 years. The amount is calculated in proportion to the number of messages and of years. (refer to the price list tables in « registration »).
Additional services are attributable and carried out on the condition that the subscriber has registered for at least one package, they are linked to the term of the subscription and on the same general terms of use.
As a rule, but without any requirement to do so, all services are maintained for 15 days after the expiry date in the event messavista receives the « Official Procedure Initiating Sheet » during that period.(the end of the contract becoming effective upon the anniversary date).
The member will be formally notified by electronic mail of the end of his subscription
1 month before the expiration thereof, and may choose to renew a subscription equal to or higher than the initial one, and may in that case keep his member number and identifiers as well as his database (messages text, addresses of intended recipients …).

However, the member may terminate his subscription by registered mail with acknowledgement of receipt sent to the company to the messavista site, notifying the termination of his subscription according to the provisions set in article 5.2 of these rules.

As a precaution, messavista will keep, for 6 months after the expiration date, any information regarding the member (his details and addresses and messages from his intended recipients), after that time the member will have to re-subscribe in full.

Article 11. Information systems and freedom
The Member is reminded that his nominal data are collected upon subscription, as well as possibly, during his participation in the database.

11.1 Authorisation to build and use the file
When the Member has authorised messavista, i.e. when the Yes/No icon on the registration sheet corresponding to the authorisation is on the Yes answer, his personal data are centralised in a file, secured by the messavista site system with access and use control.
The file includes but is not limited to :
• information provided upon registration,
• possible additional profiles completed,
• information provided in other questionnaires and/or occasional campaigns,
• information regarding the Member’s account and his intended recipients and the use thereof.
The messavista site agrees not to disclose to third parties any of the information provided by the Member, which shall remain strictly confidential and under its control.
The messavista site ensures the reinforced protection of the said information which is always sent and used in secure mode according to the process described in 3.3 of the rules.
Such information may be used by the messavista site, to select and personalise newsletters and other electronic or other communications that are sent to the member based on his centre of interests and profile, through the site when the Member accepts to receive the same.
 

11.2 Access and rectification right
In accordance with Act n°78-017 dated January 6, 1978 relating to Information Systems, files and liberties, the Member is informed that he may ask the messavista site to communicate his nominal information and personal data and have the same amended or deleted as needed by writing to : contact@messavista.com

Article 12. Complaints
Any complaint should be expressed in writing and sent to messavista.

Article 13. Industrial and Intellectual Property - Copyright and legislation
All services offered including the delivery or provision of the message posthumously to intended recipients (regardless of delivery method), the site layout, texts, comments, illustrations and images reproduced on the messavista site and its affiliated sites are reserved under copyright as well as under intellectual property, world-wide. Copyright N° W8S4174 and N° W8S4176. As a result and in accordance with the provisions of the Intellectual Property Code, only uses for private purposes are authorised subject to provisions to the contrary or more restrictive in the intellectual property code. Any other use constitutes an infringement and is punished under Intellectual Property Law unless otherwise authorised by messavista .
In no event do we claim rights to some illustration pictures that could be used in the layout of the messavista site
Thus if one or more pictures on the messavista site breaches one or more people, the messavista site would not be held responsible therefor.
Subject to an « official » letter sent to the messavista site, the said pictures may be removed from the site’s database upon receipt of the said letter.