Conditions d'utilisation

1. Definitions

In these Terms, the following definitions apply:

• "Service" means the Webpodium website platform accessible at webpodium.com and any associated applications, APIs, or tools.
• "Company", "we", "us", or "our" refers to the operators of Webpodium.
• "User", "you", or "your" refers to any individual or entity that accesses or uses the Service.
• "Account" means the registered profile created by a User to access the full features of the Service.
• "Content" means any text, images, URLs, descriptions, comments, or other material submitted, posted, or displayed on the Service.
• "User Content" means Content that is submitted or generated by Users, including website submissions, profile information, and comments.
• "Paid Services" means any premium features, subscriptions, or other products available for purchase on the Service.

2. Service Description

Webpodium is a website discovery and promotion platform that enables users to:

• Submit and showcase websites across various categories
• Discover trending, recommended, and newly submitted websites
• Interact with community members through recommendations, comments, and follows
• Track analytics and engagement metrics for submitted websites

The Company reserves the right to modify, suspend, or discontinue any feature of the Service at any time with or without notice. The Company does not endorse, verify, or take responsibility for any external website submitted by users.

3. Acceptance of Terms

By creating an account, submitting content, or otherwise using the Service, you confirm that:

• You have read, understood, and agree to these Terms of Service.
• You have read and agree to our Privacy Policy.
• You are legally capable of entering into a binding contract.
• Your use of the Service does not violate any applicable law or regulation in your jurisdiction.

4. Eligibility & Age Restrictions

You must meet the following eligibility requirements to use the Service:

• Minimum age: You must be at least 13 years old to use the Service. If you are under the age of majority in your country, you may only use the Service with the consent and supervision of a parent or legal guardian.
• Paid Services: To purchase Paid Services, you must be at least 18 years old, or have permission from a parent or legal guardian.
• Prohibited regions: You may not use the Service if you are located in a jurisdiction where such use is prohibited by law.

The Company reserves the right to request proof of age and to terminate any account suspected of being created by a minor under the minimum age requirement.

5. User Accounts

Certain features of the Service require you to register for an account. When registering, you agree to:

• Provide accurate, complete, and current information during registration and in your profile.
• Maintain and promptly update your account information to keep it accurate and complete.
• Keep your password secure and confidential. You are responsible for all activity that occurs under your account.
• Notify the Company immediately at the contact address below if you become aware of any unauthorized use of your account or any other breach of security.
• Not share your account credentials with others or allow others to access your account.
• Not register more than one account per person, or create accounts by automated means.
• Not register an account on behalf of another person without their explicit consent.

The Company is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

6. User Content & License

Ownership: You retain full ownership of all User Content you submit to the Service.

License to Webpodium: By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and adapt your User Content solely for the purposes of operating, promoting, and improving the Service. This license terminates when you delete the content from the Service or close your account, except where content has been shared with others who have not deleted it.

Representations: By submitting User Content, you represent and warrant that:

• You own the content, or have the necessary rights, licenses, and permissions to submit it.
• The content does not infringe on any third party's intellectual property rights, privacy rights, or other legal rights.
• The content does not violate these Terms or any applicable law.

Content standards: User Content must not be illegal, harmful, threatening, abusive, harassing, defamatory, obscene, discriminatory, or otherwise objectionable. The Company reserves the right to remove any User Content at its sole discretion, with or without notice.

7. Prohibited Activities

You may not use the Service to engage in any of the following activities:

Content violations:

• Submitting spam, duplicate listings, or content unrelated to the described website.
• Submitting websites containing malware, ransomware, viruses, phishing pages, or any other harmful code.
• Promoting illegal activities, violence, hate speech, self-harm, or exploitation of minors.
• Defaming, libeling, or making false statements about other users, companies, or public figures.
• Infringing on any patent, trademark, copyright, trade secret, or other intellectual property rights.

Platform manipulation:

• Creating fake accounts or using third-party services to artificially inflate recommendation counts, view counts, or follower counts.
• Coordinating with others to engage in voting rings or other forms of artificial promotion.
• Using automated bots, scripts, or tools to interact with the Service without prior written consent.
• Circumventing, disabling, or otherwise interfering with security features or rate limiting.

Unauthorized access:

• Attempting to gain unauthorized access to any part of the Service, its servers, or its databases.
• Harvesting or scraping user data, email addresses, or other information from the Service without written consent.
• Reverse engineering or decompiling any software or technology used to provide the Service.
• Probing, scanning, or testing the vulnerability of the Service or any connected systems.

Harassment and abuse:

• Harassing, intimidating, threatening, or stalking any user.
• Impersonating any person, entity, or the Company.
• Using the Service to send unsolicited commercial messages (spam).

8. Intellectual Property

Company's intellectual property: The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Company's trademarks, service marks, logos, and trade names may not be used without prior written permission.

Copyright infringement: If you believe that your copyrighted work has been reproduced on the Service in a way that constitutes copyright infringement, please notify us through the contact page with the following information:

• A description of the copyrighted work and the allegedly infringing material.
• The URL or location of the allegedly infringing material on the Service.
• Your contact information (name, address, phone number, email address).
• A statement by you that you have a good faith belief that the disputed use is not authorized.
• A declaration that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

9. Third-Party Websites & Links

The Service contains links to external websites submitted by users. These websites are not under the control of the Company and the Company is not responsible for their content, privacy practices, or any damage resulting from visiting them.

The Company does not endorse any external website listed on the platform. Users visit third-party websites at their own risk. The Company is not responsible for any loss or damage suffered as a result of visiting a website listed on the platform.

Additionally, the Service may integrate with third-party services (such as Google OAuth for authentication). Your use of such third-party services is governed by their respective terms of service and privacy policies.

10. Paid Services & Subscriptions

The Company may offer premium features, subscriptions, or one-time purchases ("Paid Services") in the future. The following terms will apply when Paid Services are available:

• Pricing: All prices are displayed in the applicable currency and are inclusive of applicable taxes unless stated otherwise.
• Payment: Payment is processed through a third-party payment processor. By providing payment information, you authorize the Company to charge you for the selected Paid Services.
• Billing cycle: Subscription fees are billed at the start of each billing period (monthly or annually, as selected). Subscriptions renew automatically unless cancelled before the renewal date.
• Cancellation: You may cancel a subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods unless required by applicable law.
• Refund policy: All purchases are generally final and non-refundable except where required by consumer protection law. Refund requests may be submitted through the contact page within 14 days of purchase and will be evaluated on a case-by-case basis.
• Price changes: The Company may change the price of Paid Services at any time. Price changes will be communicated to active subscribers with at least 30 days' notice and will take effect at the next billing cycle.
• Failed payments: If payment fails, the Company may downgrade your account to the free tier or suspend access to Paid Services until payment is resolved.

The Company is not responsible for any additional fees charged by your bank or payment provider (e.g., foreign transaction fees, currency conversion fees).

11. Advertising

The Service may display advertisements provided by the Company or third-party advertising partners. By using the Service, you agree to the display of such advertisements.

• Personalized advertising: Third-party advertising partners may use cookies and similar tracking technologies to serve personalized ads based on your browsing behavior and interests. You can opt out of personalized advertising through your browser settings or the opt-out mechanisms provided by the advertising partners.
• Sponsored content: Some listings or featured websites may be paid promotions. Such content will be clearly labeled as "Sponsored" or "Ad".
• Ad blockers: You are free to use ad-blocking software. However, the Company reserves the right to restrict access to certain features for users who block ads, as advertising may constitute a revenue source necessary for operating the Service.
• No endorsement: The display of an advertisement does not constitute endorsement of the advertised product or service by the Company.

For more information about how advertising-related data is collected and used, please refer to our Privacy Policy.

12. Service Availability

The Company strives to provide uninterrupted access to the Service, but does not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to:

• Scheduled maintenance windows (announced in advance where possible).
• Unplanned technical outages or infrastructure failures.
• Events beyond the Company's reasonable control (force majeure), including natural disasters, internet outages, or government actions.

The Company shall not be liable for any loss or damage resulting from the unavailability of the Service.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Warranties that the Service will meet your requirements or be error-free.
• Warranties regarding the accuracy, reliability, or completeness of any information on the Service.
• Warranties that the Service is free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, goodwill, or other intangible losses.
• Damages resulting from unauthorized access to or alteration of your transmissions or data.
• Damages resulting from any third-party content posted on the Service.
• Damages resulting from visiting any third-party website linked from the Service.

The Company's total liability to you for all claims arising from or relating to the Service shall not exceed the greater of (a) the total amount paid by you to the Company in the 12 months preceding the claim, or (b) USD $50. Some jurisdictions do not allow limitations on liability, so the above limitations may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your User Content; (c) your use of the Service; or (d) your violation of any third-party rights, including intellectual property rights or privacy rights.

16. Account Termination

Termination by you: You may delete your account at any time through the profile settings page. Upon deletion, your account and associated personal data will be permanently removed in accordance with our Privacy Policy.

Termination by the Company: The Company reserves the right to suspend or permanently terminate your account, with or without notice, if:

• You breach any provision of these Terms.
• You engage in conduct that the Company determines, in its sole discretion, is harmful to other users, the Service, or third parties.
• Your account is found to be fraudulent, impersonating others, or creating multiple accounts to evade restrictions.
• You fail to pay for Paid Services when due.
• Required by applicable law or a court order.

Upon termination, your right to use the Service immediately ceases. The Company is not obligated to retain or provide you with any User Content following termination.

17. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable laws, without regard to its conflict of law provisions.

Informal resolution: Before initiating any formal dispute, you agree to first attempt to resolve the dispute informally by contacting us through the contact page. We will try to resolve the dispute informally within 30 days.

Binding arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters involving intellectual property infringement or unauthorized use of the Service. Class action lawsuits and class-wide arbitration are waived to the maximum extent permitted by law.

18. Changes to Terms

The Company reserves the right to modify these Terms at any time. When changes are made:

• The "Last updated" date at the top of this page will be revised.
• For material changes, the Company will notify registered users by email or through a prominent notice on the Service at least 14 days before the changes take effect.
• For minor changes (e.g., grammatical corrections, clarifications), notice may not be given.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

19. Miscellaneous

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without prior written consent. The Company may freely assign its rights and obligations under these Terms.
• Language: These Terms are provided in multiple languages for convenience. In the event of any conflict, the English version shall prevail.

20. Contact

If you have questions, concerns, or requests regarding these Terms of Service, please contact us through the contact page. We will do our best to respond within a reasonable timeframe.