Terms of Service —
VAINKEURZ

These Terms of Service (hereinafter the "Terms") set out the conditions for accessing and using the VAINKEURZ website (hereinafter the "Site") and the services offered on it (hereinafter the "Service").

The Site notably offers a playful experience around pop culture, allowing users to view and/or publish content such as tops, rankings and associated contributions (hereinafter the "Content").

Accessing the Site and/or using the Service implies full and unreserved acceptance of these Terms. VAINKEURZ reserves the right to amend the Terms at any time. The applicable version is the one published on the Site on the date the Service is used.

The Service is accessible free of charge, provided that you:

• have Internet access and compatible equipment (costs borne by the user);
• comply with these Terms.

Some features may require the creation of an account.

VAINKEURZ uses reasonable means to ensure access to and the proper functioning of the Site, without an obligation of result. The Site may be subject to interruptions, in particular for maintenance, updates, or in the event of an incident.

Access to certain features (participating in tops, publishing content, history, etc.) may require the creation of an account.

When creating an account, the user undertakes to provide a valid email address and to keep their information up to date.

The user is responsible for:

• the confidentiality of their credentials;
• any use made from their account.

In the event of suspected unauthorized use, the user must inform VAINKEURZ without delay at: [email protected].

Minors. The Service is open to persons aged 15 and over. A user under 18 declares that they have the consent of their legal representative to use the Service and publish Content.

As part of the Service, the user may publish Content. The user undertakes to comply with the laws and regulations in force and to adopt conduct consistent with VAINKEURZ's values (playful and friendly use, centered on pop culture).

In this respect, it is notably prohibited to publish, transmit or make available any Content that is:

• illegal, defamatory, insulting, harassing, hateful, discriminatory or violent;
• pornographic or harmful to the protection of minors;
• infringing third-party rights (copyright, trademarks, image rights, privacy, secrets, etc.);
• containing personal data of third parties without authorization;
• likely to disrupt the proper functioning of the Site (spam, intrusion attempts, mass data extraction, etc.).

5.1 User responsibility

The user is solely responsible for the Content they publish, including the images they upload to illustrate a TopList or a contender. VAINKEURZ does not choose these images and does not check them before they are put online.

5.2 Warranty regarding images

By uploading an image, the user warrants:

• that they are its author, or that they hold a license or authorization covering its publication on VAINKEURZ, or that the image is in the public domain or under a free license whose conditions they comply with (for example, credit to the author);
• that, if a person is recognizable in the image, its publication does not infringe that person's image rights or privacy;
• that they comply with the terms of use of the site or image bank from which the image originates.

An image found on a search engine, a social network or a third-party site is not free of rights merely because it is accessible online.

5.3 Evidence

The user keeps evidence of their rights (license, invoice, link to the source and its license) for the entire duration of publication and provides it to VAINKEURZ upon simple request, within 7 days, in the event of a claim by a third party.

5.4 Removal

The user accepts that VAINKEURZ may remove or replace any image that is the subject of a third-party notice, without having to assess its merits beforehand, and undertakes not to republish it until the question of rights has been settled.

6.1 No prior control

VAINKEURZ does not systematically check Content before it is published and has no general obligation to monitor Content or to actively seek facts or circumstances indicating illegal activity (Article 8 of Regulation (EU) 2022/2065).

6.2 Technical and compliance validation

Before featuring a TopList on the Site (home page, categories, search engines), VAINKEURZ may check that it complies with the rules of form and conduct of these Terms: image format, theme of the Site, absence of Content manifestly prohibited by Article 5. This check concerns compliance with the rules of the Site. It does not constitute an appropriation of the Content by VAINKEURZ, nor a guarantee that the Content respects the rights of third parties, nor knowledge by VAINKEURZ of any infringement of those rights. In accordance with Article 7 of Regulation (EU) 2022/2065, these voluntary checks, carried out in good faith, do not deprive VAINKEURZ of its status as a hosting service provider.

6.3 Measures

VAINKEURZ may at any time, in particular following a report:

• remove or make inaccessible any Content that is illegal or contrary to the Terms;
• replace a disputed image with a royalty-free image or a neutral visual;
• limit the visibility of Content or restrict access to it;
• suspend or delete an account, under the conditions of Article 11.

6.4 Human review

Any decision to remove Content following a report is taken or confirmed by a member of the VAINKEURZ team, where applicable after an initial automated triage.

7.1 Content published by users

VAINKEURZ provides users with a service for creating, storing and distributing TopList, contenders, images, comments and contributions. For this Content, VAINKEURZ acts as a provider of hosting services within the meaning of Article 6 of Regulation (EU) 2022/2065 of 19 October 2022 (Digital Services Act) and Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (loi pour la confiance dans l'économie numérique), as amended by Law No. 2024-449 of 21 May 2024. The Content is provided by users, stored at their request and published under their sole responsibility.

7.2 Content published by VAINKEURZ as publisher

VAINKEURZ is the publisher of the content that it writes or produces itself: TopList created by the VAINKEURZ team and identified as such on the Site, ranking editorials, descriptions, translations and texts generated by it from TopList, blog articles, the interface and the graphic elements of the Site. Translations and descriptions automatically generated from a user's TopList do not have the effect of transferring to VAINKEURZ responsibility for the images and Content published by that user.

7.3 Limited liability

As a host, VAINKEURZ may be held liable for users' Content only on condition that it had actual knowledge of its illegal nature and did not act promptly to remove it or disable access to it. Actual knowledge is acquired in particular through a notice that complies with Article 7 bis.

7.4 Removal commitment

As soon as it has actual knowledge of illegal Content, VAINKEURZ removes it or makes it inaccessible promptly. VAINKEURZ may also remove, as a precautionary measure, any Content that is the subject of a serious claim by a third party, without such removal amounting to acknowledgment that the claim is well-founded.

7.5 Identification

In accordance with the law, VAINKEURZ retains the data that make it possible to identify the author of Content and communicates them to the judicial or administrative authorities that request them under the conditions provided by law.

7 bis.1 Who may report

Any person or entity may report to VAINKEURZ Content that it considers illegal, using the reporting form accessible from every page of the Site or at the address [email protected].

7 bis.2 Content of the notice

To be processed, a notice includes:

• an explanation of the reasons why the Content is considered illegal;
• the exact URL of the Content and, for an image, its precise location (the TopList and contender concerned);
• the name and email address of the notifier, except for offences relating to child sexual abuse;
• a statement confirming that the notifier believes in good faith that the information provided is accurate and complete;
• in the case of an infringement of copyright or image rights: proof of ownership of the rights or of the mandate to act on behalf of the rights holder.

VAINKEURZ acknowledges receipt of the notice without undue delay. A precise and sufficiently substantiated notice constitutes actual knowledge within the meaning of Article 7.3. An incomplete notice gives rise to a request for further information; it does not in itself give rise to actual knowledge.

7 bis.3 Processing

VAINKEURZ examines the notice diligently and objectively, within a reasonable time, with a target of two business days. Where the Content is illegal or the claim is serious and substantiated, VAINKEURZ removes it or makes it inaccessible promptly. VAINKEURZ informs the notifier of the decision taken and of the available means of redress.

7 bis.4 Information to the author of the Content

Where Content is removed, made inaccessible or demoted, VAINKEURZ informs the user who published it and sets out the reasons for the decision: the Content concerned, the basis (law or clause of the Terms), the means used to detect it (report or voluntary check), and the means of contesting the decision. This information is not due where the law prohibits it or where an authority has so requested.

7 bis.5 Appeal

The user may contest the decision within six months at the address [email protected], providing the elements substantiating their rights over the Content. The appeal is examined by a member of the VAINKEURZ team, who is not the person who took the initial decision where the organization of the team allows. VAINKEURZ replies within a reasonable time. If the appeal is well-founded, the Content is reinstated.

7 bis.6 Abusive reports

VAINKEURZ may suspend, for a reasonable period and after a warning, the processing of notices from a person who repeatedly submits manifestly unfounded notices.

7 bis.7 Record keeping

VAINKEURZ keeps a record of each notice, the date of receipt, the decision taken and the date of removal, in order to demonstrate its diligence.

8.1 Site content

All elements of the Site (text, graphics, logos, trademarks, interface, features, databases and structure) are protected by the applicable regulations and remain the exclusive property of VAINKEURZ and/or its partners. Any unauthorized use is prohibited.

8.2 User-published content

Users retain the rights to the Content they publish, subject to third-party rights.

License: for the purposes of operating and promoting the Service, the user grants VAINKEURZ a non-exclusive, free and worldwide license, for the legal term of protection, to host, reproduce, represent, adapt (formatting), translate, publish and communicate the Content to the public, on any medium, as part of the Service, including on VAINKEURZ's communication channels and social networks.

The processing of personal data is described in the Privacy Policy (GDPR) available on the Site. For any request: [email protected].

The user uses the Site under their sole responsibility.

VAINKEURZ cannot be held responsible for:

• indirect damages;
• temporary service interruptions;
• Content published by users, VAINKEURZ acting in respect of it as a host under the conditions of Article 7;
• third-party sites accessible via links or integrated services.

A user who publishes Content that infringes the rights of a third party is solely liable for the consequences of that publication. If a claim is brought against VAINKEURZ by a third party on account of such Content, the user assists VAINKEURZ and communicates to it without delay the elements substantiating their rights.

11.1 Account deletion and suspension

The user may request the deletion of their account at any time by contacting [email protected].

VAINKEURZ may suspend or delete an account in the event of a breach of the Terms, abuse, fraud or harm to the proper functioning of the Site.

11.2 Repeated breaches

VAINKEURZ applies a graduated policy to users whose Content gives rise to repeated removals for infringement of third-party rights or for illegal Content: a warning on the first justified removal; temporary suspension of image publishing on the second justified removal within a twelve-month period; suspension or deletion of the account on the third. Before deciding, VAINKEURZ takes into account the seriousness of the breaches, their frequency, their nature and the user's intent. The user is informed of each measure and may contest it under the conditions of Article 7 bis.5.

These Terms are subject to French law.

In the event of a dispute, and failing an amicable resolution, the competent courts shall be determined in accordance with the applicable rules.

These Terms are drafted in French and translated into the other languages of the Site. In the event of a discrepancy between the versions, the French version prevails.