General Conditions of Use

1. Preamble

1. Ethical approach: cybersecurity is everyone’s business. That is why learning and improving everyone’s skills in detecting incidents and vulnerabilities is essential to preserve the security of information systems and networks.
2. Thus, the Root-Me association is committed to an ethical approach with the sole objective of raising awareness and promoting the security of information systems and networks among its users and, above all, of improving them by contributing its expertise in this area. The Internet user who wishes to use the website accessible from the following address https://www.root-me.org/ (hereinafter "the website") is assumed to have read the present general conditions of use of the website.
3. He/she is obliged at each visit to take note of any changes in the latter.
4. These general conditions of use of the website are not general terms and conditions of sale or general terms and conditions of service.
5. They are intended to constitute the rule that all visitors to the website must respect.

2. Definitions

6. The following terms shall have the following meaning between the parties:

  • "service": functionality offered by the website to users, such as, in particular, the posting of content online, access to published content, etc. ;
  • the "Internet user": any person accessing and using the functionalities of this site.

3. Object

7. The purpose of these conditions is to set out the terms and conditions of use of the website accessible at https://www.root-me.org/.
8. In accordance with the provisions of the article 6-I 1° of law n°2004-575 of 21 June 2004 relating to confidence in the digital economy, the editor of the site www.root-me.org is :

  • Root-Me, an association under the law of 1901, registered in the national register of associations under the number W381011632, whose head office is located at 42 chemin du Bouvier, 38500 Coublevie.
  • Phone number: +33 (0)4 28 29 41 15
  • E-mail address: contact - at - root-me.org

9. The director of the publication of the website www.root-me.org is Mr. Guillaume Fahrner, as president of the association.
10. The service provider ensuring direct and permanent storage is the company Online, a simplified joint stock company, registered in the Paris Trade and Companies Register under number B 433 115 904, whose registered office is ONLINE SAS - BP 438 - 75366 Paris CEDEX 08, telephone number +33 (0)1 84 13 00 00.

4. Documents

11. The contractual documents are, in descending order of priority:

  • these general terms and conditions of use;
  • the ethical charter.

12. In the event of contradiction between documents of a different nature or of different rank, it is expressly agreed between the parties that the provisions contained in the document of higher rank shall prevail for the obligations in conflict of interpretation.
In case of contradiction between the terms of documents of the same order, the latest documents shall prevail over the others.
13. Notwithstanding the rules of interpretation of contracts laid down in the Civil Code, criteria of rank shall be applied according to the following principles

  • obligation by obligation ;
  • or, failing that, paragraph by paragraph ;
  • or, failing that, article by article.

5. Entry into force - Duration

14. These general terms and conditions of use come into force on the date they are put online and will be enforceable on the date of the first use of the site by the user.
15. These terms and conditions of use shall apply for the duration of the use of the website and until new terms and conditions of use replace these terms and conditions.
16. The user may at any time withdraw from the use of the services and the website but remains liable for any previous use. Root-Me Association/Legal Assistance Contracts

6. Access to the site

17. The website is only accessible to users with a personal account and password, according to the terms and conditions set out in these general conditions of use.
18. The member guarantees the accuracy of the information provided for the purpose of registration.
19. Once the form has been validated, an e-mail confirming registration will be sent to open the account.
20. The Internet user who does not have a personal space is forbidden to access the personal space and undertakes not to enter or attempt to enter this space. Any such access shall be considered as fraudulent access within the meaning of the provisions of the Penal Code.
21. If the Internet user who does not have a personal space inadvertently enters such a space, he/she undertakes to inform the website publisher at the following e-mail address contact - at - root-me.org. The Internet user undertakes to consider that all the data of which he/she becomes aware on the occasion of such access to the personal space are confidential data and undertakes, consequently, not to disclose them.

7. Password

22. Passwords are strictly personal and confidential.
23. The Internet user is solely responsible for the preservation and confidentiality of his/her password and other associated confidential data. He/she undertakes to take all useful measures to ensure this complete confidentiality.
24. Any use of a password shall constitute an irrefutable presumption of use of the website services by the user.
25. The Internet user undertakes to notify without delay any theft of his/her password. This notification must be sent to the Root-Me association at the following e-mail address contact - at - root-me.org

8. Advertising and promotion on the site

26. The Root-Me association reserves the right to broadcast, free of charge or for a fee, advertising or promotional messages on its website.

9. Hyperlinks

27. The Root-Me association reserves the right to set up hyperlinks on its website giving access to web pages other than those of its website.
28. The Root-Me association declines all responsibility for the content of the information provided on these sites by virtue of the activation of hyperlinks.
29. Internet users who have a personal website and wish to place a simple link on their site for personal purposes, leading directly to the home page of the Root-Me Association’s website, do not need to obtain the express authorization of the Root-Me Association to establish this link. However, the Internet user shall not place a simple link directly to the home page of the Root-Me Association’s website on its Internet site which contains information of a controversial, pornographic or xenophobic nature or which may, to a greater or lesser extent, offend the sensibilities of a large number of people, or cause any prejudice whatsoever to the Root-Me Association, to its image or to that of all its members and users.
30. In no case shall this authorization be qualified as an implicit affiliation agreement.
31. In any case, the hypertext links referring to the website must be withdrawn at the first request of the Root-Me association.

10. Personal data

32. The Root-Me association makes its best efforts to process personal data in compliance with the regulations relating to the protection of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, known as the "GDPR", Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms, and any subsequent regulations.
33. The information communicated by the Internet user by means of a personal account is intended for the authorized persons of the Root-Me association, whose main purposes are

  • managing access to and operation of the website;
  • management and monitoring of account creation and associated services;
  • measuring quality and satisfaction.

34. For more information, the Root-Me external data protection policy can be found at https://www.root-me.org/?page=structure&inc=page-confidentialite&lang=fr.

11. Liability

11.1 General liability
35. The Root-Me Association cannot be held responsible for:

  • the quality of the service, as the service is offered "as is";
  • the disruption of the use of the website;
  • the impossibility of using the website;
  • computer security breaches, which may cause damage to users’ hardware and data;
  • infringement of users’ rights in general.

11.2 Responsibility for information on the website
36. The Root-Me association cannot be held responsible for any direct or indirect damage that may result from accessing or using the website or the information contained therein, whatever its nature.

37. The Root-Me Association makes every effort to provide up-to-date information on its website. All information made available to persons accessing the website has been selected at a certain date.
38. The Root-Me Association shall not be liable for any errors or omissions. Any update, new service or new feature that improves or enhances one or more of the existing information contents will be subject to these conditions.
39. The Root-Me association declines all responsibility concerning the appropriateness of the decisions and the modalities of its execution taken by the users on the sole basis of the information published on the website.

11.3 Customer’s responsibility
40. The Internet user undertakes to use the services of the website and all the information to which he/she may have access only for personal reasons and for purposes that are in keeping with public order, good morals and the rights of third parties.
41. The user undertakes not to disrupt the use of this website by other users, not to access the accounts of third parties and not to access parts of the website to which access is restricted.
42. The Internet user is reminded of the provisions of the Godfrain law as follows:

  • Article 323-1 of the Criminal Code: "The fact of fraudulently accessing or remaining in all or part of an automated data processing system is punishable by two years’ imprisonment and a fine of €60,000. Where this results in either the deletion or modification of data contained in the system, or an alteration in the operation of this system, the penalty is three years’ imprisonment and a fine of €100,000.
    When the offences provided for in the first two paragraphs have been committed against an automated personal data processing system implemented by the State, the penalty is increased to five years’ imprisonment and a fine of €150,000";
  • Article 323-2 of the Criminal Code: "The act of hindering or distorting the operation of an automated data processing system is punishable by five years’ imprisonment and a fine of €150,000.
    When this offence is committed against a system of automated processing of personal data implemented by the State, the penalty is increased to seven years’ imprisonment and a fine of €300,000";
  • Article 323-3 of the Criminal Code: "The fact of fraudulently introducing data into an automated processing system, extracting, holding, reproducing, transmitting, deleting or fraudulently modifying the data it contains is punishable by five years’ imprisonment and a fine of €150,000.
    When this offence has been committed against an automated personal data processing system implemented by the State, the penalty is increased to seven years’ imprisonment and a fine of €300,000";
  • Article 323-3-1 of the Criminal Code: "The fact, without a legitimate reason, in particular research or computer security, of importing, holding, offering, transferring or making available equipment, an instrument, a computer program or any data designed or specially adapted to commit one or more of the offences provided for in Articles 323-1 to 323-3 shall be punishable by the penalties provided for the offence itself or for the most severely punished offence, respectively";
  • Article 323-4 of the Criminal Code: "Participation in a grouping formed or a cartel established with a view to the preparation, characterized by one or more material facts, of one or more of the offences provided for in Articles 323-1 to 323-3-1 shall be punishable by the penalties laid down for the offence itself or for the most severely punished offence";
  • Article 323-4-1 of the Criminal Code: "When the offences provided for in Articles 323-1 to 323-3-1 have been committed as part of an organised gang and against an automated personal data processing system implemented by the State, the penalty is increased to ten years’ imprisonment and a fine of €300,000";
  • Article 323-5 of the Criminal Code: "Natural persons guilty of the offences provided for in this chapter shall also incur the following additional penalties:
    ◦ Prohibition, for a period of up to five years, of civic, civil and family rights, in accordance with the provisions of Article 131-26 ;
    ◦ Prohibition, for a period of up to five years, from holding public office or from engaging in the professional or social activity in the exercise of which or in connection with which the offence was committed;
    ◦ The confiscation of the thing that was used or intended to be used in the commission of the offence or the thing that is the product of the offence, with the exception of objects that can be returned;
    ◦ The closure, for a period of up to five years, of the establishments or of one or more of the establishments of the undertaking which were used to commit the offences;
    ◦ Exclusion from public contracts for a maximum of five years;
    ◦ A prohibition, for a period of up to five years, on issuing cheques other than those which allow the drawer to withdraw funds from the drawee or those which are certified;
  • The posting or dissemination of the decision pronounced under the conditions provided for in Article 131-35";
  • Article 323-6 of the Criminal Code: "Legal persons declared criminally liable, under the conditions provided for by Article 121-2, for the offences defined in this chapter shall incur, in addition to the fine provided for by Article 131-38, the penalties provided for by Article 131-39.
    The prohibition referred to in 2° of Article 131-39 relates to the activity in the exercise or on the occasion of the exercise of which the offence was committed";
  • Article 323-7 of the Criminal Code: "Attempting to commit the offences provided for in Articles 323-1 to 323-3-1 shall be punished by the same penalties".

12. Intellectual Property

43. The content of the website, the general structure as well as the software, texts, animated and non-animated images, photographs, know-how and all other elements composing the website are the exclusive property of the Root-Me association or of third parties who have granted a license.
44. The present general conditions of use do not imply any transfer of intellectual property rights of any kind on the elements belonging to the Root-Me association or its beneficiaries such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the consumer.
45. In particular, the Internet user is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the services, the pages of the website, or the computer codes of the elements making up the services and the website.
46. Any reproduction and/or representation, total or partial of one of these rights, without the express authorization of the Root-Me association, is prohibited and would constitute an infringement likely to engage the civil and penal liability of the infringer.
47. Consequently, the Internet user is forbidden to take any action or perform any act likely to infringe directly or indirectly the intellectual property rights of the Root-Me association.
48. The same applies to any databases on the website which are protected by the articles of the Intellectual Property Code.
49. The distinctive signs of the Root-Me association and its partners, such as domain names, brands, names and logos appearing on the website are protected by the Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from the elements of the site without the express authorization of the Root-Me association is therefore prohibited, within the meaning of the Intellectual Property Code.
50. This website may only be used in accordance with its intended purpose.
51. Any other use, not expressly authorized in writing and in advance by the Root-Me association is prohibited and constitutes an infringement.

13. Applicable law

52. Any dispute arising out of or in connection with these general terms and conditions of use of the website shall be governed by the laws and courts of the country of residence of the Internet user. Disputes up to a value of EUR 5,000 (excluding costs) may be submitted via the European Commission’s small claims platform for online settlement. However, Root-Me does not undertake to settle disputes before an alternative dispute resolution entity and is not obliged to do so.
53. This applies to both substantive and formal rules, notwithstanding the place of performance of substantive or ancillary obligations.