BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AT THE ADDRESS HTTP://WWW.RAIDIGMA.COM AND HTTP://M.RAIDIGMA.COM, THE APPLICATION PUBLISHED BY CARDINALIS AND THE SERVICES, FEATURES, OR
WIDGETS OFFERED BY CARDINALIS (COLLECTIVELY CALLED THE "SERVICE"). BY
ACCESSING THE SERVICE, YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THESE TERMS
NOTIFICATION PROCEDURE AND
GENRAL TERMS OF SALES), AND ALL OTHER OPERATING RULES, POLICIES AND
PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME BY CARDINALIS, EACH OF WHICH
IS INCORPORATED BY REFERENCE AND EACH OF WHICH MAY BE UPDATED BY CARDINALIS
FROM TIME TO TIME WITHOUT NOTICE TO YOU IN ACCORDANCE WITH THE TERMS SET OUT
NOT AN INDIVIDUAL, YOU REPRESENT TO CARDINALIS THAT YOU HAVE ALL NECESSARY
CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU
AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER
ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT.
Cardinalis is a site published by Cardinalis, company with its head
office located at 10 place Vendôme,
These Terms are for all persons using the Service ("Users"),
who agree to respect it.
Cardinalis is a hosting and publishing website, protected by an
international copyright, which allows Users with internet access to view,
share, create, comment, upload texts, audio, pictures, events, spots, items,
suggestions, location information, and to access to paying contributions called
Raidigmas (collectively called the “Content”). Cardinalis
does not offer tourism services.
In order to use the Service, you must create an account. Personal information
provided by creating this account are modifiable and
Excepting Users having signed a multimedia work agreement, User agree
not to use the Service for commercial purposes and in a general manner, User
will not offer paying products and services in a direct or indirect way.
In accordance with internet practice and custom, advertisements may be
incorporated into the Service.
User warrants that he provides Cardinalis with accurate and complete
registration information (including name, e-mail address, and password) and to
keep its registration information up-to-date.
User shall not provide any false personal information or create any
account for anyone other than himself without the person’s permission. User
shall not use a name that is the name of another person with the intent to
impersonate that person.
Cardinalis reserves the right to modify any name or title created by a
User (user name, spot, event, item, suggestion…) in order to avoid subversive
names, to warrant protection of protected users’ names (public personality,
company’s name…), or in order to control its meanings in other languages,
without being restrictive.
User is responsible for his login and password. Cardinalis won’t restore
it if any loss occurred. User is responsible for maintaining the
confidentiality of his password.
Cardinalis may terminate User’s access to all or any part of the
Service, with or without cause, with or without notice, effective immediately,
which may result in the forfeiture and destruction of all information
associated with his membership. If User wishes to terminate his account, he may
do so by following the instructions. Any fees paid hereunder are
survive termination shall survive termination, including without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
Modification of Terms
modifications. Keeping to use the Service involves a tacit acceptation of
modifications. If User
Violation of Terms
Cardinalis reserves the right to remove any Content which does not
User is aware that he may be liable to criminal sanctions applicable to
the content in question (fines and imprisonment), in addition to any applicable
Content uploaded by User remain property of Users, for which they are
solely responsible. Cardinalis cannot guarantee the authenticity of any Content
which User may provide.
Cardinalis is a community platform. Users take part to the creation of
Content, improving existing Content, by comments, feedbacks, pictures, audios
etc. User accepts that he cannot ask for a payment, and he cannot be considered
as the owner of the final Content of which he has contributed.
By making his Content available on the Service, User allows any users,
free of charge and for personal use only, to view and transmit the Content on
the Service, and or other electronic communication media or technology, now
known or later developed, for the entire period in which the Content is hosted.
Nevertheless, when User upload a Content, he grants to Cardinalis a
worldwide, non-exclusive, royalty-free, sublicensable,
and transferable license to use, copy, reproduce, distribute, prepare
derivative works of, display, perform and fully exploit the Content in
connection with Cardinalis ’activity, or with the Service, for promoting and
redistributing part or all of the activity, in any media formats, and through
any media channels.
This grant of right stops when the Content is removed.
Users shall protect their Contents. Cardinalis shall not be responsible
in case of misappropriation and/or hacking from another user.
When User removes Content owned by him, this Content is deleted from the
Service but User understand that this Content may persist in backup copies for
a reasonable period of time (but following removal will not be shared with
others). User understands that the Content removed may remain with users who
have previously accessed or downloaded their Content and Cardinalis will not be
responsible for that.
Cardinalis does not guarantee that all Content will be made available on
the Service. Cardinalis has no obligation to monitor the Service or its
Contents. However, Cardinalis reserves the right to :
Remove, suspend, edit or modify any Content in
its sole discretion, at any time, without notice and for any reason (including
but no limited to, upon receipt of claims or allegations from third parties or
authorities relating to such Content, or if Cardinalis is concerned that you
To remove, suspend or block any Content from the
Cardinalis reserves the right to access, read, preserve, and disclose
any information as Cardinalis reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or
of potential violations hereof, (iii) detect, prevent, or otherwise address
fraud, security or technical issues, (iv), respond to user support requests, or
(v) protect rights, property or safety of Cardinalis, its users and the public.
6) Cardinalis intellectual property rights
Cardinalis is a registered trademark, and the Service is the exclusive
property of Cardinalis. No use of the trademark, logo, graphics, names, button
icons, features, functionalities, and any contents other than user’s contents
will be made by Users without Cardinalis’ prior written express consent.
The access to the Service is free of charge. Cardinalis grants to Users
a free of charge, personal, non-exclusive, non-transferable, non sublicensable right to access and use of the Service.
Nevertheless, Raidigmas being multimedia work created by authors, Cardinalis
reserves the right to sell it, and User undertakes to respect General Terms of
Sales. Any User who wishes to become an author, should
7) Liability as host
For any Content uploaded by a User, Cardinalis is a host. Cardinalis is
under no obligation to monitor Content, and does not have to prior control any
Content. Cardinalis has put in place a procedure described in the Probibited Content section, in order to fight
against certain content.
As host, Cardinalis has the obligation to remove of all clearly illegal
content which has been effectively brought to its attention. Furthermore,
Cardinalis has to retain Users ‘connection data, which is subject to Privacy
When a User uploads Content on the Service, he warrants:
not to violate any applicable law or
not to infringe the intellectual property rights
of any third party (including but not limited to pictures, texts, artistic
representations, and any other support for which Users do not have the
necessary clearances and permissions from third party rights owners);
not to infringe any patent, trademark, trade
secret, copyright, or other right of any person;
not to upload Content which can be deemed as
not to send private mails, or junk mails to
not to upload Content which can contain software
viruses or any other computer codes, files, worms, logic bombs, or programs
that are designated or intended to disrupt, disable, damage, limit or interfere
with the proper function of the Service;
not to display information User knows as false,
misleading, untruthful or inaccurate;
not to infringe any third party personal
not to infringe any third party right to his or
not to infringe personal rights (i.e slander,
not to infringe public policy and accept moral
standards ( incitement to crime against humanity, incitement to race hatred,
child pornography, incitement to violence, disorder to human dignity)
not to display erotic or pornographic Content
to obtain all the necessary clearances and permissions from third party
User shall hold Cardinalis harmless from and against any third party’s
claim arising from the disrespect of such obligation. In this case, User will
pay all charges and payments concerning such third parties.
Cardinalis has put in place a procedure described in Report Content, in
order to fight against the disrespect of such obligations.
User is aware that one or several cookies could be placed on his browser
in order to make such navigation easier. Cardinalis reserves the right to use
these cookies in order to customize advertising’s display, in particular
related to User’s navigation habit. User can refuse the installation of
cookies, in accordance with his browser. User understands that, in this case, the
use of Service may be altered, or even impossible.
In any case, the installation of cookies observes the Cardinalis Privacy
The Service allows Users to upload links redirecting toward others
websites, on which Cardinalis has no control. Cardinalis shall not be
These websites may contain information that some people may find
offensive or inappropriate. Cardinalis makes no representations concerning any
Content contained in or accessed through the Service, and Cardinalis will not
be responsible or liable for the accuracy, copyright compliance, legality or
decency of material contained in or accessed through the Service.
Cardinalis will not assume any telecommunication company’s cost arising
out of the use of a mobile phone. User shall assume such costs, and no claim
will be taken into account by Cardinalis concerning these costs.
12) Payment Terms
When User pays through the Service, he shall observe the General Terms
Cardinalis is under a best effort undertaking concerning the
availability of the Service. In principle, the Service is available 24/7.
Nevertheless, Cardinalis will be not responsible for any damage arising out of
the unavailability of the Service due to technical issues, maintaining needs,
or in case of force majeure.
Cardinalis allows Users to create public (i.e. taking place on public
places, and available to any User of the Service) or private (i.e. available
only to friends, in private places) Events. Users who want to organize public
Events must be aware and take into account before and after the Event about their
civil liability. User acknowledges that Cardinalis cannot be held liable under
the organization of the Event, the course of it, or its consequences.
Cardinalis remains a relay between the Event’s organizers and Users.
Users have civil and criminal liability of the Events they organize.
Cardinalis has not insurance coverage for injuries or other risks arising out (i) the exploitation of the Service, (ii) participation to
an Event organized by a User, and (iii) any trip towards the Event’s place or
from it, and any User undertakes to have subscribed to its own liability
insurance and to use it in case of Events involving its civil liability.
Liability of costs related to injuries is under the exclusive responsibility of
the participant, whether registered as a User or not.
In particular, Cardinalis cannot be held liable
for the deterioration, breakage, loss or theft
of any material occurred during an Event organized by a User;
in case of damages occurred in the location of
the Event, and for the damages in the neighborhood;
in case of accident occurred during an Event
organized by a User;
in case of noise or disorder associated with the
neighborhood related to an Event organized by a User;
for the quality of any equipment or materials
provided for the organization of an Event;
in case of cancellation of an Event;
in case of non observance of safety rules, including but not limited to,
bad weather that may occur.
User hereby undertakes to comply with all laws and regulations of the
Event’s local area. Any public Event that exceeds a certain number of
participants must be reported to local administrations.
User certifies being in sufficient physical and mental health before
embarking on the use of any Content on the Service.
The use of a route through an Event can potentially represent limits in
relation to the physical and mental abilities of a person. These risks include
those caused by the field, facilities, temperature, climate, condition of
athletes, dehydration, equipment, traffic and the actions taken by third
parties, including participants, volunteers, spectators, coaches, officials and
those responsible for the event and / or producers. Hereby, the User agrees to
assume all risks arising from its participation in this Event as an athlete and
/ or as a volunteer. User understands that a liability may arise from negligence
or carelessness from persons who are released from any liability hereunder,
from a dangerous or defective equipment maintained or controlled by them or is
owned by them or that they may be liable without fault of their own.
In consideration of its use of the Service, the User Event’s organizer
on its behalf and on behalf of its representatives, executors of estate,
executors, administrators, heirs, parents, successors and assigns, hereby (i) completely frees Cardinalis,
and its directors, officers, employees, volunteers, (the "Released
Parties"), releases them from any liability and abandons all of its
rights, if any, in connection with all claims, actions, damages of any nature
whatsoever, including any liability for (possible) death, disability, injury,
property damage, theft of property, loss of income or any other form of loss,
costs or actions of any kind whatsoever that may arise from the exploitation of
the Service, from the participation in an Event organized by a User, and from
any trip to such Event or from it and (ii) agrees to indemnify and defend the Released Parties for any claims by third parties that may result from an action on its part for the duration of the exploitation of
the Service, from the participation in an Event organized by a user, and any trip to this Event or from it.
It is agreed that Cardinalis cannot be liable for any pictures that might
be made during an Event.
The User agrees not to use the Service to organize events in case of a
storm, bad weather, any climate danger, and/or temporary public works.
15) Warranty Disclaimer
User acknowledges that Cardinalis has no control over what effects the
Content may have on them, how they may interpret or use the Content, or what
actions they may take as a result of having been exposed to the Content.
Cardinalis has no obligation to take any action regarding these points.
Cardinalis, its directors, employees, agents, suppliers,
representatives, and content providers do not warrant that:
The Service will be secured or available at any
particular time or location;
Any defects or errors will be corrected;
Any content or software available at or through
the Service is free of viruses or other harmful components;
The results of using the Service will meet
User acknowledges using the Service at his own risk.
User shall defend, indemnify, and hold harmless Cardinalis, its
affiliates and each of its, and its affiliates employees, contractors,
directors, suppliers and representatives from all losses, costs, actions,
claims, damages, expenses (including reasonable legal costs) or liabilities,
that arise from or relate to (i) their use (ii) or
misuse of, or access to the Service, (iii) or otherwise from their violation of
their account, of any intellectual property or other right of any person or
entity (save to the extent that a court of competent jurisdiction holds that
such claim arose due to an act or omission of Cardinalis).
17) Limitation of liability
IN NO EVENT SHALL CARDINALIS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER
CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE
THEORY OR OTHERWISE WITH RESPECT TO THE SERVICE FOR:
OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF
ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
These Terms of
Use are the entire agreement between User and Cardinalis with respect to the
Service, and supersede all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between User and Cardinalis. If
that provision will be limited or eliminated to the minimum extent necessary so
enforceable. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights
Cardinalis has provided User with a translation of the French language version
their convenience only and if there is any contradiction between what the
says, then the French language version shall take precedence.
Quality User Charter
User Charter is wishing to apply specifically when the User is using the “Raidigma”
part of the Service. Therefore, the User has to respect the following rules:
Security and Insurance
The User must have taken out a personal insurance which must cover the
potential risks linked with his civil responsibility and against any accidents.
He has the duty to make all his possible to avoid any kind of issue related to security,
which could generate some damages. He must support the other users and keep a
safety behavior in any situation.
Use of the public space
The User must respect the traffic rule in any circumstances. He must use
equipment, which is meeting all the safety standards. In the mountain he should
use appropriate climbing harness, ropes, straps and karabiner as well as an
emergency kit. He always has to be able to ask assistance in case of problem.
He must be watchful and reactive to the traffic changes. He must respect the
safe distance for the security of everybody. He must respect all the rules by
law of the place he is standing (hunting season, the environment protection and
the national park rules). He must know how to call assistance before taken any
Environment and hygiene
The User has to throw any garbage in the appropriate area and clean the
way from rubbish if possible. He must use the tracks and paths already mapped.
He must respect the environment, the nature and the biodiversity as well as
encourage the others to do so. He must protect wild life by avoiding any
disturbance and vegetal life by limiting vegetation destruction from stamping.
Any kind of fire is forbidden. The user must take acknowledgement of the access
rules toward national parks.
Code of conduct
The User must show respect to the local inhabitants and owners. He must
carry the following code of honor: a loyal behavior, no cheat, not providing to
other users any information which are likely to make easier his course at the
risk to pay some compensation. He must be team worker, use moderation and avoid
any disorder, be polite and not breach moral standards, generous and helpful,
respect any charter in effect, included but no limited sportive, cultural or
The User must choose the courses according to his physical abilities in
order to keep himself safe. He has to acknowledge about the course’s level of
difficulty, the physical expenditure and the equipment requested, the
approaches and the ways out of it. He must only chose courses he can perform
with serenity and be able to renounce if the difficulties are beyond his
The User must respect the private property and never cross it without a
previous agreement which can be shown. He is not allowed to stamp the fences
and has to close barriers.
Cardinalis allows users to create public or private Events. Users wishing
to organize any Events must be aware of the commitment of their civil
responsibility it asked. They must succeed to all the rules established by the
law and fulfill to all administrative requests which could be asked. They must
take in consideration the seniority of the participant, their skills and the
place it takes place as well as the local regulation by law. They must show
respect to the owner of the sites.
Concerning the participants, they have to follow scrupulously organizers
instructions and the “advising form” available in the course introduction. They
are self-responsible of any contravention.
information on third parties before a previous formal agreement.
Users must not to incorrectly request contacts with others who do not wish
to share time with them. If so, they are running the risk to have their account
Cardinalis cares about Users privacy. Cardinalis undertakes to respect
Users privacy and their personal data collected during the registration and use
of the Service. Cardinalis complies with the French law ‘Informatique
et Liberté” dated January, 6th 1978, and
the European directive 95/46/CE.
Cardinalis deals with Users personal data when they use the Service
exclusively. Cardinalis highly recommends to any User to take the time to
familiarize themselves with the practices for the protection of personal data.
The access to the Service being limited to individuals over the age of
13 years old, Cardinalis does not collect knowingly personal data from children
under this age. As soon as Cardinalis knows it has collected under 13 years old
personal data, it will take measures to remove such datas
as soon as possible. If a person learns that his child has provided personal
data without his parent’s consent, this person may contact Cardinalis
Personal data collected are for the exclusive use of Cardinalis. Any
disclosure to third parties by Cardinalis will be subject to Users prior
consent. Users acknowledge that their personal data may be disclosed under a
law, regulation or pursuant to a decision from a judicial or regulatory
If Cardinalis or substantially all of its assets are acquired, or in the
event that Cardinalis goes out of business or enters bankruptcy, user
information would be one of the assets that is transferred or acquired by a
Personal data involves all data provided by Users voluntarily when User
registration (name, sex, date of birth, email address, being agreed that these
data are made public only if User agrees), and all data that might be collected
through the use of the Service (those collected automatically when User
connects to the Service thanks to cookies, provided that alone, these data do
not allow to identify the User, they are anonymous). Cardinalis processes this
information collected automatically (such as IP address, cookies and pages
requested) as non-personal data. Cardinalis may provide these data to its
partners, especially in order to partners may understand how often people use
the services and the Service.
Personal Data collected for registration are intended to create the User
account, in order to allow him to administrate, and access to the Services and
its functionalities, to interact with other users through the Service. Data
collection also aims to improve the Content on the Service, customize
advertising and the Content, and communicate special offers and new
functionalities. The User email address will be used in the only aim to send
newsletters and information about his account (which he has previously
User shall provide a password for registration. This password will help
User to protect his account from an unauthorized access. User shall protect the
confidentiality of his password and its use.
Users need to prevent unauthorized access to their account and personal
information by selecting and protecting their password appropriately, and
limiting access to their computer and browser by signing off after they have
finished accessing their account.
Cardinalis endeavors to safeguard user information to ensure that user
account information are kept private. However, Cardinalis cannot guarantee the
security of user account information. Unauthorized entry or use, hardware or
software failure, and other factors, may compromise the security of user
information at any time.
Furthermore, persons visiting information through the Service may use it
or disclose it to other persons or entities without Cardinalis’ knowledge and
without being able to act. Cardinalis urges users to be vigilant about the
publication of specific information they consider confidential through the use
of the Service.
Cardinalis provides a geolocation service. Cardinalis may collect, use and share
the location data, including geographical location in real time of each User’s
mobile device having accepted this service. These data are anonymously
collected in a format which does not allows to identify Users, who previously
has accepted the use’s authorization and can terminate it at any time.
Only the account name will be visible to other users, and not the email
address, unless the User states the relationship is friendly and decides as a
“Friend”, “Contact” or “Relationship”, this relationship is a relationship of
complete trust and that the email is or may be known exclusively by this
relationship. Notwithstanding this particular case, Users can contact each
other by leaving messages or comments through the use of the Service.
If the User adds the home of another user as a new spot on the Service
and that information is made public, the
User acknowledges that Cardinalis cannot be held liable because of the
consequences that might ensue. However, to request the removal of a spot in the
database (including a personal address), User can contact Cardinalis at:
Personal data are collected for the duration strictly necessary for the
use of the account by the User. However, under Law No. 2006-64 of January 23,
2006, Cardinalis has the obligation to retain User’s data for a period of one
year after the deactivation of the account. After that, data will be deleted
and the account name will be made available for another user.
User has a right to access, delete and correct their personal data in
accordance with the Data Protection Act of 6 January 1978. This request may be
sent by mail to the following address: Cardinalis, Legal Department, 10 place Vendôme, 75010 PARIS,
attaching a copy of the ID. This right of access, cancellation and correction
can be done online in "My Account".
The User's account can be changed at any time, especially to add or
To delete their account, Users must click on the tab "Delete Account"
available on the account settings. In this case, the profile, the Content, the points
earned and any other contribution will be removed from the Service. For
technical reasons, this control may not be immediate, and copies of profile
information may remain on backup media for a reasonable time.
However, the User acknowledges that even after deleting his account
information, copies of this information may also be visible, since they were
shared with others, distributed in accordance with privacy settings, or copied
or saved by third parties. Cardinalis cannot be held liable in these regards.
the following address: firstname.lastname@example.org detailing the purpose of
your request. Cardinalis will respond as soon as possible.
To report an inappropriate content in connection with:
Incitement to crime against humanity
Incitement to race hatred
Incitement to violence
Offend to human dignity
User shall complete a report of inappropriate content accessible on
every page in the tab "Report Content". It is also possible to report
content by mail to the following address: Cardinal, Legal Department, 10 place Vendôme, 75010 PARIS, specifying the date on which the
content was seen, your identity, the URL content issue, the content description
and nickname of the user who posted.
To report a copyrighted
To report content infringing intellectual property rights, Cardinalis
agrees to comply with the law n ° 2004-575 of June 21, 2004, Cardinalis has the
obligation to remove any content clearly illegal, since it has acknowledge it.
Anyone wishing to inform Cardinalis about the presence of a content protected
by intellectual property rights in the Service will notify Cardinalis by
clicking on the link "report content" located systematically on each
page or sending a detailed letter to Cardinalis, Legal Department, 10 place Vendôme, 75001 Paris.
In accordance with French law dated June 21,
2004 and its article 6.1, if User believes that his work has been copied in a
way that constitutes copyright infringement, please provide Cardinalis’
copyright agent the written information specified below:
- A physical or
electronic signature of the person authorized to act on behalf of the
owner of the copyright interest that is allegedly infringed;
- A description of all
of the copyrighted works that you claim has been infringed upon;
- A description of where
the material that you claim is infringing is located on the Cardinalis’
website, including, a URL of the specific location of the infringing
- Information sufficient
to allow us to contact you including, at a minimum, your address,
telephone number, and e-mail address;
- A statement by you
that you have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
- A statement by you
made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on
the copyright owner’s behalf.
User acknowledges that all incomplete notification will not be take into
However, Cardinalis reminds that any person or entity alleging content
as infringing in order to require its withdrawal while knowing such information
is incorrect is legally liable under the article 6.4 of French law of June 21st
of 2004, transposing the European directive 2000/31/CE.
If User believes that the content he uploaded
was removed in error, or that it does not infringe upon third-party copyright,
he may send Cardinalis an appeal by completing the following form. Once your
appeal is received, we will forward it, along with you personal information, to
the party that initiated the withdrawal notice. The restoration of deleted
content is at our sole discretion. Please note that unfounded appeals may be
subject to legal action.
General Terms of Sales (“GTS”)
When a User makes a payment through Cardinalis
(excepted payments through Itunes Store), he accepts