PLEASE READ THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS FORUM.
Any use of this Web site, including, but not limited to, simply consulting the forum (referred to hereinafter as the “Forum”), is subject to the present STAC. Please read the TOU and the STAC carefully before using the Forum.
1. ACCESSING THE FORUM
Access right to the Web site is reserved for audio lovers; the Forum is intended exclusively for these users.
A limited, revocable, Forum scan and index right is granted to companies which are providing Internet search services free of charge to individuals (but these companies are permitted to display ads to their users). This limited right only enables these companies’ engine bots to scan, index, and create links to the questions posted on the Forum, for the sole purpose of helping the users of the Forum to quickly find the questions already posted on the Forum and providing a link thereto, in such a way that by clicking on the link, the question and its answer (if any) can be easily found on the Forum.
Access to the Forum or the use thereof, even without registration, implies on the part of the user adherence to Web site’s TOU and the following STAC. If you do not accept the Web site’s TOU and/or the STAC, you must exit the Web site immediately.
Your use of the Forum is subject to the latest version of the STAC. Guillemot reserves the right to update the STAC at any time without prior notice to you. It is your responsibility to regularly consult the STAC in order to ensure that you are aware of any changes which may have been made. The latest version of the STAC can be reviewed by clicking a link located at the bottom of the Forum.
2. BECOMING A MEMBER/MEMBER ACCESS RIGHT
The Hercules community (hereinafter the “Community”) is a community of users of the Forum who don’t want to remain passive, and who further wish to share their audio lovers’ experience (their problems and questions as well as their knowledge and answers) with the other users of the Forum.
2a) Member Access Right
Subject to compliance with the STAC, a user may register in order to acquire (in addition to a user status) the status of Member of the Community (hereinafter “Member”) and may thereby access certain zones, advantages or functionalities of the Forum Web site and of other Guillemot’s Web sites; some of these zones, advantages or functionalities may not be for children.
A valid and active Member is granted specific access rights to the Forum (hereinafter “Member Access Right”).
Subject to the Member Access Right, the Member is granted a limited, non-exclusive, personal, and revocable right to post contributions (comments, messages, attachments thereto, and other public content) on the Forum.
In order to become a Member, the user must complete a registration form. You must provide your username, email address, first name(s) and last name. We may display on the Forum your username accompanied with a unique identifier.
You will receive an email to verify your email address, create a password, and activate your Member Access Right. You must activate your Member Access Right in order for your registration to become effective. You only become a Member upon activation of your Member Access Right. Your Member Access Right either creates or completes a Guillemot account which may give you access to services (in addition to the Forum services) on the Guillemot’s web sites; accordingly, you may use the same email and password to access to our services (eg. e-shop, support, etc.), but you may need to re-identify you (i.e., you may need to log in again).
At the end of a regular registration process, the Member has a username and a display name which are set the same. The Member may modify its display name; in such a case, we may display on the Forum its display name accompanied with a unique identifier. The use of your username or display name enables you to avoid using your identity and email address on the Forum (and to protect your privacy, as a consequence).
The Member may upload a cover (photo or image which will be placed above its profile and activity contents of its personal space on the Forum) and may upload an avatar (photo or image which will be placed close to the text of its messages posted in the Forum) pursuant to currently applicable legislation and must, in particular, be sure to respect an orderly code of conduct as well as good manners.
2b) Requirements and responsibilities
You certify that the information relating to your identity (last name and first name(s)) is correct.
Registration by any person who is not an adult is not permitted.
By posting (i.e., filing, typing, uploading, …) any contribution on the Forum or by registering on the Web site to become a Member, you certify that you are not a citizen of the Russian Federation and you are an adult who is legally able to make a contract.
You are fully responsible for all activities carried out within the context of your Member Access Right (including but not limited to your username, display name, cover, avatar, “About me text”, web site, signature, social networks links and targeted contents, the contents of your messages, comments…) and for any claims or complaints arising from your Member Access Right. You are also fully responsible for all activities stemming from your Guillemot account and for any claims or complaints related to your Guillemot account.
You are fully responsible for the choices of your cover, username, display name, and avatar and for the avoidance of making yourself identifiable by them. We recommend that you do not use your last name as a part of your username and display name, and that you do not use as an avatar a photo which shows you (which shows you to the users but also potentially to hackers).
You are also fully responsible for the choice of your password and for keeping it confidential. Consequently, we recommend that you create a password consisting of a combination of numbers along with uppercase letters, lowercase letters, and special characters (/([~,!,@,#,$,%,^,&,*,-,_,+,=,?,>,<,à,á,â,æ,ç,è,é,ê,ë,ì,í,î,ï,ñ,ò,ó,ô,œ,ù,ú,û,ü,ý,ÿ,ß,·,’,“,”,«,»,•,–,—,±,×,÷,²,³,€,†,‡])/).
Only one Guillemot account is authorized per email address.
As a Member, you commit to keeping your personal data up to date and certify that the information relating to your identity (last name and first name(s)) is correct at all times in your personal space on the Forum.
The profile and activity contents of your personal space on the Forum are accessible to the other Members to present you to them; however, your email address, first name(s), and last name are not accessible to the other Members, to the exception of the administrators and moderators of the Forum.
In your personal space on the Forum, you can modify your password, your cover, your avatar and your signature for the Forum, etc.; you commit to always respect currently applicable legislation and, in particular, an orderly code of conduct as well as good manners and the currently applicable STAC.
You must neither usurp a username nor a display name already being used, nor attempt to do so. Neither your display name nor your username must unduly make any other user of the Forum into thinking that you are an administrator, moderator, authority, celebrity, or otherwise mislead any other user of the Forum.
You acknowledge and accept that each of Guillemot and the moderators of the Web site has the right to hide your profile content and activity contents at any time, without prior notice and without having informing you. You acknowledge and accept that each of Guillemot and the moderators of the Web site has the right to depersonalize the content of your personal space and the right to oblige you to use non-personalized items (for example, a default cover, a default avatar) for the content of your personal space (public content of your profile), at any time, without prior notice and without having informing you. You acknowledge and accept that each of Guillemot and the moderators of the Web site has the right to delete the content of your personal space (public content of your profile, your activity, etc.) after prior notice sent to you (at the email address provided by you). You acknowledge and accept that Guillemot may also suspend your Member Access Right at any time, without prior notice and without having informed you. You acknowledge and accept that Guillemot may also terminate your Member Access Right at any time, with prior notice, and may prohibit You to become a Member in the future.
When a user is using its Member Access Right to connect to the Forum, the Forum indicates to the other users that he or she is connected; Guillemot reserve the right to disable the corresponding status indicator. The Forum also displays the last visit date of the Member with the public content of its profile; Guillemot reserve the right to disable the display of the corresponding information.
Subject to the Member Access Right, the Member is granted a limited, non-exclusive, personal, and revocable right to post comments to ask for more information or suggest improvements to an answer.
Avoid answering questions in comments; rather, you should submit an answer.
You commit to using comments in accordance with national and international regulations, and in particular you commit not to use them:
- to harass anyone;
- for anything illegal, harmful, threatening, abusive, constituting harassment, defamatory, injurious, vulgar, obscene, threatening to anyone’s private life or offensive to the sensibilities of certain individuals;
- to encourage the commission of crimes or offenses;
- to mislead other Members by taking over the name or social domination of other individuals.
You acknowledge and accept that Guillemot may impose limits deemed useful for the use of comments. Thus, Guillemot may decide in particular to set a maximum number of comments which may be sent or received, or set the frequency of comments which may be sent within a certain period of time.
You acknowledge and accept that each of Guillemot and the moderators of the Forum has the right to hide any comment at any time, without warning and without prior notice to you, at their sole discretion. You acknowledge and accept that Guillemot may also suspend your Member Access Right at any time, without warning and without prior notice to you. You acknowledge and accept that Guillemot may also terminate your Member Access Right at any time, with prior notice, and may prohibit You to become a Member in the future.
4. Report of unsuitable BEHAVIOR
Guillemot reserves the right to moderate and/or have the Web site’s Forum moderated a posteriori.
Guillemot provides a report tool that allows the Community to process the worst behavior. Please use this tool to improve your own experience and that of everyone else. If a contribution (comment, message, cover, avatar, signature associated with a message, etc.) appears to violate the STAC or applicable legislation, whether you are a user or a Member, we request that you flag the contribution in question by clicking the triangular warning icon corresponding to the contribution, filling in a report form and explain why you have flagged it (please specify the problem).
You acknowledge and accept that Guillemot may impose limits deemed useful for the use of report of unsuitable behavior (not to prevent you to file a report, rather to prevent an abuse of the right to file a report). Thus, Guillemot may decide in particular to set a maximum number of reports which may be sent or set the frequency of reports which may be sent within a certain period of time.
5. Users (visitors)
The users who do not have Member status may not participate in the Forum although they may view the Forum.
All users, whether they have Member status or no, acknowledge and accept that (1) regarding the Forum, Guillemot is not responsible for the contents of the contributions posted on the Forum (including, but not limited to a cover, the avatar associated with a comment, the attachment to a message, …); and (2) Guillemot in no way certifies and will not be held responsible for the accuracy of the contributions posted, their usefulness, and whether or not they are complete or incomplete. Guillemot draws your attention to the fact that the comments and messages express the opinion of their author (opinions which may differ from those of Guillemot).
All users, whether they have Member status or no, acknowledge and accept that Guillemot may at any time and without prior notice (1) archive one or more discussion threads, (2) suspend any registration to the Forum (no new Member), (3) suspend the Forum (make it read-only), (4) close the Forum, and/or convert the Forum into a FAQ.
6. conditions of use BY MEMBERS
Please help us influence the future of the Community by choosing to engage in discussions that make this Forum enjoyable and useful — and avoiding those that don’t.
Participation in the Forum requires that you have the Member Access Right (to become a Member, you must carry out the procedure described above). You may ask for help but you may also help others, as communications in the Forum travel in both directions.
6a) Conditions of use of the Forum
To allow for moderation of the Forum, only the following languages may be used: English, French.
The Forum on the Web site is reserved for subjects relating to the following themes: Hercules hardware, Hercules software, DJUCED software, and the use Hercules hardware, Hercules software, and/or DJUCED software by audio lovers. You agree to respect the themes in the Forum.
On the Forum, you must ensure that your message (including, but not limited to, your question, your answer, its attachments -if any-) correspond to the theme in which you post the message. You must also be sure to avoid posting off-topic contributions.
You accept that Guillemot may move, hide, or lock any message, theme or subject of discussion. For example, Guillemot may split up large subjects of discussion, or themes.
You acknowledge and accept that messages posted in the Forum (including attachments, avatars and signatures associated with messages) are solely the responsibility of their author and in no way reflect the opinions or advice of Guillemot.
You acknowledge and accept that comments posted on the Forum are solely the responsibility of their author and in no way reflect the opinions or advice of Guillemot.
You acknowledge that the use of this Forum by the Members is exclusively intended for the sharing of audio lovers’ knowledge and the mutual assistance between users. Consequently, the Members undertake to refrain from any behavior, post, or comment which would harm the friendliness of discussion on the Forum. It does not mean that no criticism is possible, it rather means that the criticism must be courteous and constructive i.e., be helpful for the recipient(s).
You commit to respect these STAC and applicable laws. Consequently, you commit – although this list is non-exhaustive – not to make racist remarks, not to defame, insult, or mislead anyone, or violate anyone’s rights. In particular, you must respect intellectual property rights (particularly copyrights). You must respect the right of others to protect their privacy.
Any advertising, promotion or sponsorship message remunerating you in any form whatsoever is prohibited within the Forum, without the prior written agreement of Guillemot.
A forum is a space reserved for public communications. Therefore, you commit not to post any items of information relating to anyone else’s private life or their personal data (email address, telephone number, etc.). Likewise, you may not post your own personal details or information; should you do so, you do so at your own risk. However, you may indicate the address of your web site, social network and so on, so long as each element you indicate is in compliance with the rules of proper conduct set out below and applicable legislation. Guillemot reserve the right to hide any attachment, link, website address, email address, any third-party personal data, and so on, at its sole discretion and without prior notice. The moderators of the Web site are granted the non-exclusive, personal, and revocable right to apply these STAC on the Forum subject to the instructions and guidelines of Guillemot.
Furthermore, you must respect all of the rules of proper conduct set out below:
– do not post anything of an obscene or sexual nature (nor any links to such content);
– do not be aggressive, or malevolent; rather, you should act courteously and helpfully;
– do not engage in any political, religious or union proselytizing;
– do not engage in junk mailing;
– do not use the service for commercial purposes and, in general, to offer products and services remunerating you directly or indirectly;
– do not mention any brands competing with the HERCULES brand or the DJUCED brand; and, as a general rule, avoid mentioning brands altogether, preferably using a generic term instead;
– do not mention any companies competing with Guillemot; and, as a general rule, avoid mentioning company names altogether (particularly with regard to criticizing them);
– do not discuss any illegal topics (for example, do not discuss pirated software);
– do not forget to check to see whether your question has already been addressed before posting your message; to do so, use the search engine (“Search” tab);
– do not post repeated messages;
– only post your message under the appropriate theme;
– do not rush; as your message must be clear and helpful, please think about what you want to say before acting and, if you want to reply, please read again the discussion thread;
– do not cause errors; rather please read carefully the discussion thread and check your answer is exact before posting it;
– be clear, providing the details necessary for comprehension and resolution of your problem;
– before starting a new discussion, check if you can find an open discussion on the same subject, and if you can find such an open discussion, it is better to write a new post in that discussion than to start a new discussion;
– if you start a new discussion, write a topic name which is descriptive, the topic must be a summary of your first post/problem; avoid titles trying to get attention as “Help”, “Urgent”, it annoys people and shows a lack of understanding of forums;
– do not write in all uppercase letters, or large font, or colored font or with repeated exclamation marks or question marks – !! or ??- since in forums, this is the equivalent of shouting;
– avoid “SMS”-type exchanges and try not to make too many spelling mistakes (but do not bother anyone in order to signal a few spelling mistakes);
– when formulating a criticism, make sure that it targets ideas (not a person) and it is justified, well-argued, and courteous;
– do not attach file(s) for sharing file(s) which are not transcribing -rather lengthy- word explanations into mere visual explanations closely related to your question or answer and the relevant audio topic; rather attach file(s) only where and to extent it is necessary to explain your question or your answer (by illustrating it simply);
– do not attach to your post any file(s) other than .jpg file or .png file;
– do not attach heavy file(s) to your post; rather consider the planet;
– do not post third party software source code; rather post only the relevant portion of Guillemot’ software source code which is related to a bug;
– do not reply to an unsuitable content (it may encourage a wrong behavior); please rather flag it i.e., submit us a report of unsuitable behavior (in order to inform the moderators).
If, exceptionally, a Member wants to make a post to the sole attention of the administrators and moderators of the Forum, the Member can create a private topic for its post by checking the box ‘Private Topic’. You must not use this feature for any report of unsuitable behavior, please rather use the dedicated tool (see above, the section 4). The use of this feature must remain exceptional because the context is that of a forum, not of a private messaging service. Guillemot reserves the right to deactivate this feature. The box ‘Private Topic’ may be checked if only the administrators and moderators of the Forum are the relevant recipients for handing the topic whose ‘Private Topic’ box has been checked; but it must neither be used for confidential messages, nor for privacy requests (rather contact the Support by using your private space on https://support.hercules.com/).
The Forum does not use automated detection of violation(s) of the STAC; however, Guillemot reserves the right to set automated means of detection of violation(s) of the STAC. Without limiting the foregoing, Guillemot reserves the right to set automated means of removal of attachments.
6b) Commitment of the Members
YOU REPRESENT AND WARRANT TO GUILLEMOT THAT YOU ARE ADULT AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, REPRESENTATIONS, WARRANTIES, AND RESPONSIBILITIES SET FORTH IN THESE STAC; YOU ABIDE BY AND COMPLY WITH THESE STAC AT ALL TIMES; AND YOUR USE OF THE FORUM NEITHER VIOLATES THESE STAC, NOR ANY APPLICABLE LAW OR REGULATION.
You free of charge and without reserve grant Guillemot authorization to reproduce, present and adapt (in particular by way of translation, extracts), worldwide, in whole or in part, via any media and, for the legal duration of the protection of copyrights, each of your contributions posted in the Forum including, but not limited to, your message posted on the Forum.
YOU GUARANTEE GUILLEMOT AGAINST ANY COMPLAINTS, DAMAGES, CLAIMS OR ACTIONS, BY ANY THIRD PARTY AGAINST GUILLEMOT RELATING TO YOUR MEMBER ACCESS RIGHT.
Guillemot and/or a moderator (depending on the type of restriction at stake) may decide to take restriction measures.
Types of restrictions:
– hiding a contribution (message, comment, …) for the time of the review of the contribution and until a definitive decision is taken;
– deleting a contribution (advertising message, aggressive comment, commercial message, insulting comment, obscene avatar, …);
– restrict or stop the use of personalized items (eg. cover, avatar, …) ;
– suspending a Member Access Right for a portion of time;
– terminating a Member Access Right with a prohibition to become a Member in the future.
Guillemot and/or a moderator (depending on the type of punishment at stake) may decide to take one or more punitive measures instead of or, in addition to, restrictions.
Types of punishment other than restrictions:
– poor rating
– publication of a moderated (corrected) version of a contribution with a moderation notice
– publication of a reply or feedback to a contribution (eg. recall of the applicable rule)
– publication of decision(s) (regarding one or more restrictions and/or one or more sanctions)
– complaint with damage claim
Following an own initiative glance or following receipt of a report of unsuitable behavior from an individual or a company, the moderator will make a cursory review and, if there is little doubt that the behavior is unsuitable, it will take provisional measures to avoid the unsuitable behavior on the Forum to continue. If the moderator believes the behavior seems suitable, it will not take provisional measures, but it will consult another moderator and a moderator may contact the author of the report of unsuitable behavior for a better understanding of the alleged problem.
Following receipt of a report of unsuitable behavior from an authority or a trusted flagger, the moderator will make a cursory review and it will take provisional measures to avoid the unsuitable behavior on the Forum to continue. Even if the moderator believes the behavior may be suitable, it will take provisional measures to avoid the allegedly unsuitable behavior on the Forum to continue, but it will consult the legal department of Guillemot for an assessment of the report of unsuitable behavior. The legal department may contact the author of the report for a better understanding of the alleged problem.
Notice to the author of unsuitable behavior(s):
In case of one or more provisional restricting measures taken by the moderator(s), the moderator(s) will notify by email the author of the unsuitable behavior, will indicate the breach of the present STAC and the provisional decision. In case of no reply within one (1) month of sending the email, the decision becomes final. If case of reply within one (1) month of sending the email, the reply is reviewed by the moderator; the moderator may reconsider the provisional decision and take a different decision. The final decision may be less severe, for example, in case of relevant arguments and/or apologies. The final decision may be more severe, for example if the reply is insulting.
You acknowledge and accept that each of Guillemot and the moderators of the Web site has the right to hide any message at any time, without prior notice and without having informed the author. You acknowledge and accept that each Guillemot and the moderators of the Web site has the right to delete any message after prior notice sent to the author at the email address provided by the author. You acknowledge and accept that Guillemot may also suspend your Member Access Right at any time, without prior notice and without having informed you. You acknowledge and accept that Guillemot may also delete your Member information at any time, with prior notice. You acknowledge and accept that Guillemot may also terminate your Member Access Right at any time, with prior notice, and may prohibit You to become a Member in the future.
6c) Inactive Members
We consider that a Member who does not connect to his or her personal space on the Forum for more than two (2) years (“Inactive member”) is either no longer interested in contributing to the Forum -or is unfortunately dead. Accordingly, we reserve the right to (a) terminate the Member Access Right of the Member when he or she becomes an Inactive member, and (b) delete his or her personal data from his or her personal space on the Forum (it does not mean that we remove the contributions which were posted before the Member becomes an Inactive Member).
Note: The Guillemot account of a Member is not terminated when the Member becomes an Inactive Member because the Guillemot account is not only for the Forum.
Guillemot, its subsidiaries, the administrators of the Forum, and the moderators of the Forum provide no guarantee that a topic whose ‘Private Topic’ box has been checked will be treated as confidential.
GUILLEMOT, ITS SUBSIDIARIES, THE ADMINISTRATORS OF THE FORUM, AND THE MODERATORS OF THE FORUM PROVIDE NO GUARANTEE THAT THE INFORMATION AND/OR DOCUMENTS ACCESSIBLE VIA THE FORUM ARE ACCURATE, COMPLETE OR CURRENT.
Guillemot does not carry out any controls regarding what is put online or shared on the Forum. Consequently, anything put online or shared remains the sole responsibility of its author.
YOU AGREE TO DEFEND AND INDEMNIFY GUILLEMOT AND ITS SUBSIDIARIES, ITS SUPPLIERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED PARTIES (THE “INDEMNIFIED PARTIES”) AGAINST ANY AND ALL EXPENSES AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES AND EXPENSES INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND RESULTING FROM YOUR BREACHING OF THE STAC. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
Should you breach any of the provisions of the STAC, Guillemot may, at its sole discretion, terminate the STAC between Guillemot and you (amongst other consequences, your access right to this Web site ends) and/or Guillemot may terminate your Member Access Right.
Guillemot may, at its sole discretion, modify, suspend or terminate, temporarily or permanently, the Forum or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any third party.
Guillemot may at any time and for any reason, with or without cause, and at its sole discretion, immediately suspend or terminate (in whole or in part) your Member Access Right, all without any notice or liability to you or any other person.
The sections 6b, 7, 8, 9, and 10 of these STAC continue to apply following termination of these STAC.
If your Member Access Right is terminated, by you or by Guillemot, for any reason, but these STAC remain in force between us, you must immediately destroy all other Members’ personal data that your Member Access Right may have given you access.
9. GOVERNING LAW
The interpretation and execution of the STAC shall be governed by French law. In the event of a dispute regarding the STAC, the user grants exclusive jurisdiction to French courts. By using the Forum, the User grants non-exclusive jurisdiction to these courts and waives any objections to the jurisdiction of such courts.
A content submitted by a Member, consisting of transcribing word explanations into mere visual explanations and dedicated to comprehension or resolution of a problem, does not constitute a work of the mind.
In the event of a contradiction between a provision of the TOU and a provision of the STAC, the provision of the STAC prevails over the (contradictory) provision of the TOU but only with respect to the Forum (it does not prevail with respect to any other features or services of the Web site).
Guillemot reserves the right to make translations of the STAC available. In the event of a discrepancy between the STAC in English and the translated text of the STAC, the English version will prevail over all other versions.
If any court of competent jurisdiction finds any of the clauses of the STAC to be void or non-applicable for any reason, then such clause(s) shall be ineffective to the extent of the court’s findings without affecting the validity and enforceability of the remaining clauses.
Access to the Forum is restricted to humans, accordingly, no use of bots is permitted without the prior written approval of Guillemot; however, notwithstanding the foregoing, under the Section 1 above, the use of so called “spiders” bots is authorized only for indexes of the Forum questions in search engines and only subject to their compliance with all the privacy rights of the users, including, but not limited to the right to erasure (right to be forgotten).
Guillemot provides the recipients of its forum services with an online contact form.